Harpeth Trace Services Association

Harpeth Trace Services Association

Covenants and Restrictions

DECLARATION OF COVENANTS AND RESTRICTIONS

THIS DECLARATION, made this 1Oth day of February 1977, by DAVID L. POLLACK, Trustee, and HARPETH GLEN CORP., a Tennessee corporation, hereinafter referred to as “Developers”,

W I T N E S S E T H:

WHEREAS,

1. Developers are the owners of adjacent tracts of real property described in Exhibit “A” attached hereto and made a part hereof. It is the Developers’ desire to create on the tracts owned by them a planned mix of housing types, commercial and public facilities.

2. Access to the tracts owned by the Developers is provided by a bridge spanning the L & N Railroad tracks and by a single roadway. This bridge and roadway will have to be utilized by the Developers in the improvement of their property, as well as the purchasers of the facilities the Developers contemplate building. In addition, certain utilities such as sewer, water, and electrical lines may have to be shared by Developers, as well as by those purchasing from them.

3. Consequently, Developers desire to subject the presently existing bridge, access road, any existing utilities not dedicated to public use, together with such additional roads or ways or utilities which may hereafter be constructed (as provided in Article II hereof) to the covenants, restrictions, easements, charges, and liens, hereinafter set forth, each and all of which is and are for the benefit of the properties (as herein defined) and each owner of any part thereof.

4. The Developers have deemed it desirable for the efficient preservation and maintenance of the commonly shared bridge, roadway, and future utility facilities located upon their respective tracts, to create an entity to which should be assigned and which should assume the powers and duties of owning, maintaining and administering the maintenance and preservation of said facilities, as well as the collecting and disbursing of assessments and charges hereinafter described or set forth.

5. The Developers have caused or are about to cause to be incorporated under the laws of Tennessee, the Harpeth Trace Services Association as a non-profit corporation for the purpose of exercising the functions aforesaid;

NOW, THEREFORE, the Developers declare that the real property described in Exhibit B, said property constituting the access road crossing the tracts owned by the Developers, together with any additions thereto as may be made hereafter pursuant to Article II, is and shall be owned, held, transferred, sold, conveyed, and utilized subject to the covenants, restrictions, easements, charges, assessments, liens and other provisions hereinafter set forth, all of which covenants and restrictions are hereby imposed upon the real property described in Exhibit B, together with such additions thereto that may hereafter be made, and shall be covenants running with the land. In addition, Harpeth Glen Corp. specifically assigns and conveys, subject to the terms of this declaration, its rights and interest in a certain overpass and construction agreement between it and the Louisville & Nashville Railroad Company providing for an easement over the Railroad right-of-way and an overpass structure, said agreement being of record in Book 5102 , Page 956 Register’s Office of Davidson County.

ARTICLE I
DEFINITIONS

1. “Declaration” shall mean this instrument and the covenants, conditions, restrictions and all other provisions herein set forth and the same may from time to time be amended.

2. “Association” shall mean and refer to Harpeth Trace Services Association, a non-profit corporation organized under the laws of Tennessee, its successors and assigns.

3. “Developers” shall mean and refer to Harpeth Glen Corp., a Tennessee corporation, David L. Pollack, Trustee, their successors and assigns in interest to all or substantially all of the business of developing the properties as well as their successors in title to the project as a whole.

4. “General Plan of Development” shall mean the plan or plans approved by the Metropolitan Planning Commission and by the other authorities, administrators and governing bodies having jurisdiction over the planning and development of the properties which shall represent the general scheme of development and general use of the properties as such may be amended from time to time subject to the approval of the Metropolitan Planning Commission and other agencies.

5. “Properties” in this instrument shall have particular reference to the bridge over the L & N Railroad Track providing access to the tracts shown on Exhibit A; together with the roadway providing ingress and egress to the property, also shown in Exhibit A and more fully described in Exhibit B. Should supplemental declarations be necessary to convey to the Association any utilities, such as water, sewer, gas and electrical lines, the term “Properties” shall also apply to these improvements.

6. “Living Unit” shall mean and refer to any structure or portion of a structure situated upon the tracts and. designed and intended for use and occupancy as a single private residence including, without limitation, a condominium unit, or living unit within a planned unit development.

7. “Condominium Project” shall mean and refer to all property submitted to and included in a horizontal property regime under and within the meaning of the Tennessee Horizontal Property Act.

8. “Planned Unit Development” shall mean and refer to all the property submitted to and included within a planned unit development under and within the meaning of the Tennessee Horizontal Property Act or other applicable statutes.

9. “Lot” shall mean and refer to:
(a) Any lot or parcel of land shown upon any recorded plan of all or any part of the tracts owned by Developers, but excluding (1) dedicated streets or ways, if any, and (2) the entire area of any condominium or planned unit development project, and
(b) Any living unit within a condominium project, or living unit within a planned unit development located upon any part of the property, it being the intent hereof that each individual condominium unit or living unit within a planned unit development shall constitute and be a lot for the purposes of this declaration. The entire area of a condominium or planned unit development project shall not be deemed to be a lot in and of itself.

10. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the title to any lot. The foregoing does not include persons or entities who hold an interest in any lot merely as security for the performance of an obligation.

11. “Occupant” shall mean and refer to the legal occupant, whether one or more persons or entities of a living unit, or any non-residential space located on the property and who shall be either the owner thereof or lessee thereof under a written lease having the term of the lease 12 months.

12. “Member” shall mean and refer to the members of the Association who shall be every owner of a lot, every occupant of a structure constructed upon a lot, and the Developers. There shall be three classes of members:

Class A members shall be all owners;
Class B members shall be all occupants;
Class C members shall be the Developers, which class shall cease upon written notice to such effect from the Developer to the Association, or December 31, 1984, whichever shall be earlier.

13. “Board” shall mean and refer to the Board of Directors of the Association.

ARTICLE II

ADDITIONS TO THE
PROPERTY SUBJECT TO THIS DECLARATION


Section 1. Existing Property. The initial real property subject to this declaration is the access bridge and roadway shown on Exhibit A and more fully described in Exhibit B.

Section 2. Additions to Existing Property. Additional property may be added to and made subject to this declaration, including the benefits and burdens hereof, in the following manner:
(a) Additions by the Developers. The Deve1opers shall have the right to bring within this declaration, subject to the terms and provisions thereof, additional roadways or access ways, as well as additional utilities, including but not limited to, sewer, water, gas, and electrical lines. Any such additions by the Developers shall be contained within the property shown in Exhibit A, but, is not to include any utilities, driveway, or roads that may be contained within a condominium or planned unit development or contained within any individual lot.
(b) Other Additions. Not withstanding the foregoing, other additional properties may be brought within this declaration, subject to the terms and provisions hereof, upon such action receiving, (1) the written approval of the Class C members (as long as the Class C member shall exist), and (2) the majority of the votes which Class A members duly called for such purpose are entitled to cast (voting as a class).

The additions authorized under sub-section (a) and (b) above shall be made by there being filed for record one or more supplementary declarations describing the additional property and providing that such property shall be subject to the terms and provisions of the declaration. A supplementary declaration, if made pursuant to subsection (a), shall be signed by the Developers. If made pursuant to subsection (b), the supplementary declaration shall be signed by the authorized officer or officers of the Association, together with the Class C members.


ARTICLE III

PROPERTY RIGHTS


Section 1. Members Easement of Enjoyment. Unless otherwise provided for herein, every owner shall, have a right and easement of use and enjoyment in the roads and ways, and the utilities, if any, encompassed within this declaration. Said right shall be appurtenant to and shall pass with the. title to every lot.
Section 2. Extent of Members’ Easements. The rights and easements of enjoyment created hereby shall be subject to the following:
(a) The right of the Association to make and establish reasonable rules and regulations and to charge reasonable fees for the preservation and .maintenance of the roads, ways, and utilities.
(b) The right of the Association to dedicate or to transfer any part of the properties provided for in this declaration to any public agency authority or utility for the use of such agency, authority or utility; provided that any such dedication or transfer shall require: (1) a majority of votes of the Class A members present or represented at a meeting of the Class A members called for such purpose, and (2) the written approval of the Class C members of the Association, as long as the Class C membership shall exist.

ARTICLE IV

COVENANT FOR ASSESSMENTS

Section 1. Lien and Personal Obligations for Assessments. The Developers hereby covenant for themselves and for all subsequent owners of any part of the property shown on Exhibit (?) and each owner of any lot by acceptance of the title thereto, whether by deed, operation of law, or otherwise, and whether or not it should be so expressed in such deed or other instruments or proceeding by which title is passed, and deem to covenant and agree to pay the Association annual general assessments for the maintenance and preservation of the properties described in this declaration.

All such assessments, together with interest thereon and the costs of collection thereof, shall constitute and be a lien upon the lot against which such assessment is made. All such assessments, together with interest thereon, and the costs of collection thereof, shall also be the personal obligation of the person who is the owner of the lot against which such assessment is made at the time when the assessment was made. The Association may cause a notice of any such lien, assessment or judgment entered thereon to be filed for record.

Section 2. General Assessments.

(a) Purpose of Assessment. General assessment levied by the Association shall be used exclusively for the improvement, maintenance and operation of the common access ways, utilities, and related facilities.

(b) Basis for Assessment.
(1) Residential Lots:
Each living unit which is occupied or certified for occupancy and each unimproved lot which has been conveyed to an owner who is not the developer shall be assessed at a uniform rate.

(2) Non—Residential Lots:
Each 2,000 square feet of floor space or major fraction thereof within a non-residential structure which is occupied or certified for occupancy and each unimproved lot shall be assessed at the residential rate.

(c) Annual General Assessments:

(1) Until January 1, 1979, Developers shall bear all costs of the maintenance of the bridge and roadways described herein.

(2) For each fiscal year commencing after January 1, 1979, the assessment basis and/or the maximum annual general assessment shall be fixed by the Board in an amount sufficient to meet the obligations of the Association as imposed by the declaration. Such assessments may be made payable in installments (not more frequently than monthly), and the Board shall set the date or dates on which such assessments or installments shall be due and payable.

(3) The assessment basis and/or maximum annual general assessment may be changed by such action receiving (i) the written approval of the Class C members (as long as the Class C membership shall exist), and (ii) two-thirds of the votes which the Class A members presently represent at a meeting of the Class A members duly called for such purpose are entitled to cast.

Section 3. Date of Commencement of Annual Assessments. The annual general assessments shall commence on the date set by resolution of the Board, but not prior to January 1, 1979. The initial assessment of any lot shall be adjusted according to the number of months remaining in the fiscal year.

Section 4. Effect of Non-Payment of Assessments; Remedies of the Association. Any assessment or installment thereof not paid within 30 days after the due date thereof shall bear interest from the due date until paid at a rate to be set by the Board for each assessment. If any assessment is payable in install¬ments, then upon default by any owner in the payment of one or more of such installments, the remaining installments become due from such owner may be accelerated and the entire balance of the assessment declared immediately due and payable. Any such balance shall bear interest at the rate set by the Board. The Association may bring an action at law or in equity against the owner obligated to pay the same or may bring an action to foreclose a lien against the lot affected thereby. No owner may exempt himself from or otherwise avoid liability for the assessments provided for herein by abandonment of his lot or by any other means.

Section 5. Subordination of the Lien for Assessments. The lien of the assessments provided for herein against any lot shall be subordinate to: (1) the lien of any first mortgage or deed of trust covering a lot, (2) all liens for state and local government taxes and charges levied or assessed against a lot, and (3) a lien provided for in the Tennessee Horizontal Property Act against any lot which is a condominium lot, or a unit within a planned unit development. The sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to foreclosure or other enforcement of any mortgage or deed of trust shall extinguish the lien of the assessments herein provided as the payments became due prior to such sale or transfer. No sale or transfer pursuant to foreclosure or other enforcement of any mortgage or deed of trust shall relieve the lot from Liability from any assessments thereafter becoming due or from the lien thereof.

Section 6. Assessments on Developer Owned Property. To the extent that Class C members own living units or non-residential floor space which has been occupied or certified for occupancy, such property shall be assessed as provided for above for similar property. In addition thereto, the Class C members shall also pay all maintenance costs attributable to the road and bridge until January 1, 1979. The provisions of this Section, together with those in Section 5(c) above, shall in no way exempt individual owners from maintenance costs attributable to damages to the road and bridge caused by their negligence.

Section 7. Exempt Property. The following property shall be exempt from the assessment and liens provided for herein: All property dedicated to and accepted by public authority and devoted to public use.

Section 8. Statement of Assessments. Upon reasonable request being made, the Association or its designee shall furnish to any owner or his first mortgagee, whose name and address shall have been furnished to the Association, a written statement setting forth the current status of the assessments applicable to any lot owned by such owner, including the amount and due date of any unpaid assessments or installments. Said statement, if signed by an officer of the Association, or its designee, may be relied upon as being true and correct by any prospective purchaser, mortgagee, title insurance company, or other person having a legitimate interest in such lot.

ARTICLE V
GENERAL PROVISIONS

Section 1. Managing Agent. The Association may designate a managing agent to carry out and perform the purposes and affairs of the Association and to execute the decisions of the Board with regard to the management, maintenance, repairs, admini¬stration and operation of the common areas. The managing agent so designated may be either one of the developers or an entity owned or controlled by either one of the developers. Such agents may be paid a reasonable fee by the Association for the performances performed by it.

Section 2. Duration. The covenants and restrictions of this declaration shall run with the land and bind and inure to the benefit of the properties and all owners and occupants thereof, including the Association, for a term of 20 years from the date this declaration is filed for record, after which time they shall be automatically extended for a successive period of 10 years unless an instrument agreeing to terminate this declaration or any pro¬ vision hereof is signed by the Class C members (as long as the Class C membership shall exist), and by the then owners of not less than 75 percent of the living units located upon the properties has been filed for record.

Section 3. Amendment. This declaration may be amended at any time by an instrument signed by the Class C members (as long as the Class C membership shall exist) and by the then owners of not less than 75 percent of the living units located on the properties. Any amendment must be filed for record The provisions herein made for adopting amendments shall not be applicable to any supplementary declaration made and filed for record of the purposes of Article II hereof which provides for the inclusion within this declaration of additional. roads, ways, and utilities.

Section 4. Enforcement. The Association, any owner, or the Developers, as the case may be, shall have the right to enforce, by any proceeding of law or inequity, the covenants and restrictions now or hereafter imposed by the provisions of this declaration. Failure to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter, regardless of the number of violations or breaches which may occur.

Section 5. Limitation. As long as there is a Class C membership, the Association may not use its resources or take a position in any action, proceeding, or public declaration in opposi¬tion to the general plan of development or any changes thereto proposed by the Developers, or either one of them. Nothing in this section shall be construed to limit the Rights of members acting as individuals or in affiliation with other members.

Section 6. Severability. The invalidation, in whole or in part of any of the covenants or restrictions, or any clause or other part of this declaration shall in no way affect the other provisions or parts hereof which shall remain in full force and effect.

IN WITNESS WHEREOF, Harpeth Glen Corp. and David L. Pollack, Trustee, have caused this instrument to be executed on the day and year first written above.

HARPETH GLEN CORP.

BY:___(Signed by David Pollack, President)___

BY:___(Signed by David Pollack)____
David L. Pollack, Trustee

STATE OF TENNESSEE)
COUNTY OF DAVIDSON)

Before me, _______(Signed, Virginia S. Crimmons),_____ a Notary Public within and for the State and County aforesaid, personally appeared David L. Pollack with whom I am personally acquainted and who acknowledged himse1f to be the President of Harpeth Glen Corp., the within named bargainor, a corporation, and that he as such President, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by the said David L. Pollack as such President.

Witness my hand and official seal at office at.
Nashville on this the 10th day of February, l977

_______(signed, Virginia S. Crimmons),_____

My Commission Expires: _____12/5/77______

STATE OF TENNESSEE)
COUNTY OF DAVIDSON)

Personally appeared before me, _______(signed, Virginia S. Crimmons),_____,
a Notary Public in and for said County and State, the within named David L. Pollack, Trustee, the bargainor, with whom I am personally acquainted, and who acknowledged that he executed the within instrument for the purposes therein contained. Witness my hand and official seal at Nashville, Tennessee, this,
10th day of February, l977

_______(signed, Virginia S. Crimmons),_____

My Commission Expires: _____12/5/77______


EXHIBIT A
PROPERTY BELONGING TO DAVID L. POLLACK, TRUSTEE

DESCRIPTION
TRACT I:
A tract of land belonging to David L. Pollack, being part of Tract I as recorded in Book 4731+, Page 896, R.O.D.C., and located .in. the 9th Civil District of Davidson County, Tennessee, being more particularly described as follows:

Beginning at a concrete monument in the southwest corner of Harpeth Glen, Phase 2, as recorded in Book 4460, Page 42, R.0.D.C., and proceeding as follows:
Thence, S 35˚ 13’ 45” W, a distance of 380.51 feet to an iron pin:
Thence, S 32˚ 59’ E, a distance of 256.20 feet to an iron pin in the westerly right-of-way of the NC & St. L Railroad.
Thence, S 57˚ 01’ W, a distance of 446.0 feet to a point in said westerly margin of railroad;
Thence, around a curve to the left having a radius of 572 feet, a distance of 968 feet to a point in said railroad margin;
Thence, leaving the westerly margin of NC & St. L Railroad, S 82˚ 38’ W, a distance of 210 feet to a point;
Thence, N 52˚ 44’ W, a distance of 538 feet to a point;
Thence, N 88˚ 02’ W, a distance of 90 feet to a point in the easterly margin of H. G. Hill Realty property;
Thence, N 9˚ 01’ E, a distance of 1763.83 feet along the easterly margin of the H. G. Hill Realty Company property to a point;
Thence, S 80˚ 10’ 16” E, a distance of 496.23 feet to a point;
Thence, S 9˚ 49’ 44” W, a distance of 437.23 feet to an iron pin;
Thence, around a curve to the left having a radius of 48’ feet, a distance of 198± feet to an iron pin;
Thence, S 61˚ 26’ W, a distance of 52± feet to a concrete monument;
Thence, S 28˚ 34’ E, a distance of 50± feet to a concrete monument;
Thence, S 73˚ 34’ E, a distance of 240± feet to a point;
Thence, S 73˚ 34’ E, a distance of 105 feet to an iron pin;
Thence, around a curve to the left having a radius of 784.69 feet, a distance of 593.93 feet to an iron pin;
Thence, continuing around a curve to the left having a radius of 550 feet, a distance of 592.92 feet to an iron pin;
Thence, S 1˚ 18’ W, a distance of 82.73 feet to a concrete monument, said monument being the southwest corner of Harpeth Glen, Phase I, as recorded in Book 4460, Page 42, R.O.D.C., and the northwest corner of Harpeth Glen, Phase 2, as recorded in Book 4460. Page 99. R.O.D.C.
Thence, S 8˚ 06’ W, a distance of 287.78 feet along the westerly margin of Harpeth Glen, Phase 2, to a concrete monument which is the point of beginning. Said tract contains 46.52 acres, more or less.

Being the same property conveyed to David L. Pollack, by deed from Harpeth Glen Corporation, of record in Book 4734, Page 896, R.O.D.C.

TRACT II:
A tract of land located in the 9th Civil District of Davidson County, Tennessee, described according to a survey of Turner Engineering Company, dated July 19, 1973, as follows:

BEGINNING at a concrete monument at the most northerly corner of Lot 26 on the Plan of West Meade Highlands Section 1 as recorded in Book 3700, page 69, R.O.D.C. and proceeding as follows: south 49˚ 07’ west a distance of 272.9 feet to a concrete monument; thence, south 5 02’ west a distance of 05.38 feet to an iron pin; thence, north 80˚ 10’ 26” west a distance of 752.95 feet to a point in the easterly margin of the H.G. Hill Realty Company property; thence , north 9˚ 01’ east a distance of 439.17 feet along the easterly margin of the H. C. Hill Realty Company property to a point; thence, north 4˚ 43’ east a distance of 66 feet to a point; thence, north 5˚ 38’ 58” east a distance of 179.65 feet to a concrete monument in the easterly property line of the H. C. Hill Realty Company property and being the southwest corner .of Lot 56 on the Plan of West Meade Highlands Section 2 as recorded in Book 3700, page 125, R.O.D.C; thence, south 74˚ 51’ east a distance of 448.83 feet to a concrete monument; thence, south 50˚ 03’ east a distance of 330.78 feet to a concrete monument; thence south 39 43’ east a distance of 277.6 feet to a concrete monument which is the point of beginning, said tract contains 11.33 acres, more or less.


TRACT III:

A Tract of land in the 9th Civil District of Davidson County, Tennessee, and being more particularly described from a survey by Barge, Waggoner, Sumner and Cannon, dated December 19, 1973, as follows:

BEGINNING at a point in the northerly margin of the Louisville & Nashville Railroad, said point being 25 feet from the center line of track, and being the southeast corner of A. B. Beasley, ct ux; thence, with said Beasley’s line, N 82˚ 53’ W, passing an existing iron pipe at 18.08 feet, in all 738.6 feet to an iron pin, a common corner to Beasley; thence, N 2˚ 51’ E, 450.4 feet to an iron pin at said Beasley’s northeast corner, said point being a common corner to H. G. Hill Realty Company, as of record in Book 888, page 315, R.O.D.C.; thence, northerly with said H. C. Hill Realty Company’s property as follows: N 51˚ 49’ E, 215.0 feet to -an iron pin at a fence corner; N 7˚ 34’ W .279.9 feet to an iron pin at a fence corner; N 11˚ 31’ E, 231.0 feet to a point; N 55˚ 51’ E, 264.0 feet to a point; N 45˚ 12’ E 239.3 feet to an existing 2” x 6” cut stone corner; N 17˚ 34’ E, 96.5 feet to an existing 6” x 6” cut stone corner; N 0˚ 12’ E, 140.4 feet to an iron pin in a fence corner,. said point being the southwest corner of H. C. Hill Realty Company’s property, as of record in Book 892, page 599, R.O.D.C.; thence, S 88. 47’ E, 511.1 feet with an existing fence and said H. C. Hill Realty Company’s south line to an existing iron pin at a fence corner, said point being a common corner to Harpeth Glenn Corporation property, as of record in Book 4343, page 804 R.O.D.C.; thence, S 65˚ E, 450.3 feet with said Harpeth Glenn Corporation’s property to a point, said point being a corner to the Louisville & Nashville Railroad property; thence, with said railroad property as follows; S 39˚ 11’ W 963.3 feet to a point; S 50˚ 49’ E, 265.0 feet-to a point, said point being 25 feet from and parallel with said track center line 737.4 feet with a curve to the left having a radius of 5,754.65 feet to the point of beginning, containing 34.65 acres, more or less.


EXHIBIT A, PROPERTY OF HARPETH GLEN CORP.
DESCRIPTION

Description of remaining Harpeth Glen Corporation land as of record in Book 4543, Page 804, R.O.D.C. Two tracts of land in the 9th Clvii District of Davidson County, Tennessee, being more particularly described as follows:

TRACT 1

Beginning at a concrete monument in the south margin of West Meade Highlands, Section I, as of record in Book 3700, Page 69, R.O.D.C. and proceeding as follows:

Thence, S 74˚ 52’ W, a distance of 144.26 feet to a concrete monument;
Thence, N 75˚ 58’ W, a distance of 150.00 feet to a concrete monument;
Thence, S 14˚ 02’ W, a distance of 85.89 feet to a concrete monument
Thence, S 59˚ 02’ W, 127± feet to a point in the north margin of David L. Pollack land as of record in Book 4734, Page 896, R.O.D.C.;
Thence, around a curve to the right having a radius of 481.21 feet a distance of 198± feet to an iron pin;
Thence, N 9˚ 49’ 44” E, a distance of 437.23 feet to an iron pin in the south
margin of David t. Pollack land, as of record in Book 4734, page 893, R.O.D.C.;
Thence, S 80˚ 10’ 16” E, a distance of 256.72 feet to an iron pin on the west boundary of the above mentioned West Meade Highlands;
Thence, S 5˚ 02’ W, a distance of 129.62 feet to a concrete monument;
Thence, S 37˚ 47’ E, a distance of 355.12 feet to the point of beginning. Said
tract contains 4.05 acres, more or less.

TRACT 2

Beginning at a concrete monument at the most southerly corner .of tot 17 on the
plan of West Meade Highlands, Section 1, as recorded in Book 3700, Page 69,
R.O.D.C., and proceeding as follows:
Thence, S 1˚ 18’ W, a distance of 169.07 feet to an iron pin;
Thence, around a curve to the right having a radius of 550.00 feet, a distance of 592.92 feet to an iron pin;
Thence, continuing around a curve to the right having a radius of 784.69 feet, a distance of 593.93 feet to an iron pin;
Thence, N 73˚ 34’ W, a distance of 35± feet to a point in the north margin of David L. Pol1ack land, as of record in Book 4734, Page 896, R.O.D.C.
Thence, N 74˚ 09’ E, a distance of 685.00 feet to a point;
Thence, N 35˚ 39’ E. a distance of 199.52 feet to a point;
Thence, around a curve to the left having a radius of 400.00 feet, a distance of 239.81 feet to a point;
Thence, N 1˚ 18’ E, a distance of 161.38 feet to a concrete monument;
Thence, S 44˚ 16’ E, a distance of 52.00 feet to the point of beginning. Said tract contains 2.53 acres, more or less.
Being the same property conveyed to Harpeth Glen Corporation by deed from David L. Pollack and Wife, Ellen H. Pollack, of record in Book 4543, Page 804, R.O.D.C.

EXHIBIT A, PROPERTY OF HARPETH GLEN CORP.
TRACT 3

A tract of land in the 9th Civil District of Davidson County, Tennessee, being more particularly described as follows:

Beginning at a concrete monument at the southeast corner of Lot 18, West Meade Highlands, Section 1, as recorded in Book 3700, Page 69, R.O.D.C., and proceeding as follows:

S 5˚ 00’ E, a distance of 161.38 feet to an iron pin;

Thence, around a curve to the right having a radius of 400.00 feet, a distance of 239.81 feet to an iron pin;
Thence, S 29˚ 21’ W, a distance of 199.52 feet to an iron pin;
Thence, S 67˚ 15’ W, a distance of 685.00 feet to a concrete monument;
Thence, N 82˚ 59’ W, a distance of 310.00 feet to a concrete monument;
Thence, N 37˚ 59’ W, a distance of 50.00 feet to a concrete monument;
Thence, N 52 01’ E, a distance of 179.28 feet to a concrete monument;
Thence, N 7˚ 01’ E, a distance of 85.89 feet to a concrete monument;
Thence, Being property conveyed to Harpeth Glen Corporation by deed from David L. Pollack, as of record in Book 4543, Page 804, and Book 5116, Page. 2, R.O.D.C.
S 82˚ 59’ E, a distance of 150.00 feet to a concrete monument;
Thence, N 67˚ 51’ E, a distance of 144.26 feet to a concrete monument at the southwest corner of Lot 23 in the above mentioned West Meade Highlands. Section 1;
Thence, N 63˚ 29’ E, a distance of 180.00 Feet to a concrete monument;
Thence, N 43˚ 51 ‘ 30” E, a distance of 248.50 feet to a concrete monument;
Thence, N 28˚ 38’ 16” E, a distance of 137.70.feet to a concrete monument;
Thence, N 74˚ 08’ E, a distance of 150.31 feet to an iron pin;
Thence, N 17˚ 49’ 33” W, a distance of 44.38 feet to an iron pin;
Thence, N 70˚ 09’ 30” E, a distance of 150.88 feet to the point of beginning. Said tract contains 7.95 acres, more or less.


EXHIBIT B

SURVEYOR’S DESCRIPTION
30-FOOT DRIVEWAY EASEMENT

A strip of land 30 feet in width and 3.53’ feet in length, located in the 9th Civil District of Davidson County, Tennessee, and being a portion of the David L. Pollack property, of record in Book 4780. Page 5. R.O.D.C., and the Harpeth Glen Corporation property, of record in Book 4543, Page 804, R.O.D.C., the centerline of said strip being more particularly described as follows:

Beginning at a point in the northerly margin of the Louisville & Nashville Railroad, said point being 25 feet from the centerline of track and N 29˚ 28’ 24” E, 32.44 feet from an iron pin, the southeast corner of A. B.. Beasley, et ux;
Thence, northwesterly with a curve to the right, 176.85 feet o a point, said curve having a central angle of 26˚ 11’ 49”.and a radius of 386.79 feet;
Thence, N 33˚ 30’ W, 69.86 feet to a point;
Thence, northerly with a curve to the right. 177.57 feet to a point, said curve having a central angle of 78˚ 15’ 35” and radius of 130.00 feet;
Thence, N 44˚ 45’ 35” E, 139.64 feet to a point;
Thence, northeasterly with a curve to the left, 247.0 feet to a point, said curve having a central angle of 20˚ 14’ 30” and a radius of 700.0 feet;
Thence, N 21˚ 31’ 05” E, 63.63 feet to a point;
Thence, northerly with a curve to the left, 196.72 feet to a point, said curve having a central angle of 25˚ 22’ 30’ and radius of 444.19 feet;
Thence, N 0˚ 51’ 25” W, 16.84. feet to a point;
Thence, northwesterly with a curve to the left, (????) feet to a point, said curve having a central angle of 28˚ 50’ 30 and a radius of 350 feet:
Thence, N 29˚ 41’ 55” W, 215.04 feet to a point;
Thence, northerly with a curve to the right, 134.30 feet to a point, said curve having a central angle of 39˚ 52’ and a radius of 193.02 feet;
Thence, N 10˚ 10’ E, 71.38 feet to a point;
Thence, northeasterly with a curve to the right, 211.16 feet to a point, said curve having a central angle of 67˚ 59’ 05” and a radius of 177.96 feet;
Thence, N 78˚ 09’ 05” E, 206.19 feet to a point;
Thence, northeasterly with a curve to the left. 162.60 feet to a point, said curve having a central angle of 41˚ 12’40” and a radius of 226.07 feet;
Thence, N 36˚ 56’ 25” E, 3~5.00 feet to a point;
Thence, northeasterly with a curve to the left, 15˚ 0.9 feet to a point, said curve having a central angle of 36˚ 31’ 05, and a radius of 243.32 feet;
Thence, N 00˚ 25’ 20” E, 146.10 feet to a point;
Thence, northeasterly with a curve to the right, 194.98 feet to a point, said curve having a central angle of 33˚ 12’ 45” and a radius of 336.37 feet;
Thence, N 33˚ 38’ 05” E, 410.43 feet to a point in the west line of the Harpeth Trace Highrise Condominium Apartments property, said point being located S 37˚ 59’ E, 23.34 feet from the most westerly northwest corner of said condominium property;

Containing 2.4± acres.

December 15, 1976
File No. 5329-05

DECLARATION OF COVENANTS AND RESTRICTIONS
FOR HARPETH TRACE HOMEOWNERS ASSOCIATION

This Declaration, made this ___3rd___ day of March, 1977, by DAVID L. POLLACK, TRUSTEE, and HARPETH GLEN CORP., a corporation organized and existing under the laws of Tennessee, hereinafter referred to as “Developers,”

W I T N E S S E T H:

WHEREAS, Developers are the owners of adjacent tracts of real property located in Davidson County, Tennessee, and more fully described in Book 5120 beginning at page 221, Register’s Office of Davidson County, and;

WHEREAS, Developers have caused to be created a non-profit corporation by the name of Harpeth Trace Services Association for the purpose of preserving and maintaining certain shared improvements such as roadways, bridges and utilities located upon their respective properties, and have recorded the Charter of said corporation in Book 5120, page 200, Register’s Office of Davidson County, Tennessee, and;

WHEREAS, incorporated within the aforementioned Charter, exhibited thereto, and recorded in Book 5120, page 208, is a Declaration of Covenants and Restrictions subjecting Developers’ property to the conditions and terms of these covenants and restrictions, and;

WHEREAS, Developers desire that the aforementioned Declaration of Covenants and Restrictions be separately recorded as such in the Register’s Office of Davidson County, Tennessee, so that the covenants, restrictions, easements, affirmative obligations, charges and liens therein set forth shall specifically benefit the property described therein, and each and every owner of any part or all parts thereof.

NOW, THEREFORE, the Developers declare that the real property owned by them and described in Book 5120, page 221 through 226, is and shall be held, transferred, sold, conveyed, leased, occupied and used subject to the covenants, restrictions, conditions, easements, charges, assessments, affirmative obligations and liens set forth in that Declaration of Covenants and Restrictions of record in Book 5120, page 208, Register’s Office of Davidson County, Tennessee.

HARPETH GLEN CORP

BY:___(Signed David L. Pollack, President)___

BY:___(Signed David L. Pollack, Trustee)___
DAVID L. POLLACK, TRUSTEE

STATE OF TENNESSEE)
COUNTY OF DAVIDSON)

Before me, ___(Signed, Virginia S. Crimmons),___, a Notary Public within and for the State and County aforesaid, personally appeared David L. Pollack, with whom I am personally acquainted and who acknowledged himself to be the President of Harpeth Glen Corp., the within named bargainor, a corporation, and that he as such President, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing his name as such president of Harpeth Glen Corp.

Witness my hand and official seal at office at Nashville, Tennessee, on this the ___3rd___ day of March, 1977.

___(Signed, Virginia S. Crimmons),___
NOTARY PUBLIC

My Commission Expires: ____(12/3/79)________

Prepared by:
WILLIS & KNIGHT
700 Union Street
Nashville, Tennessee 37219

INSTRUMENT OF CORRECTION
This Declaration, made this ___29th___ day of July, 1977, by David L. Pollack, Trustee, and Harpeth Glen Corp., a corporation organized and existing under the laws of the State of Tennessee, hereinafter referred to as “Developers,”

W I T N E S S E T H:

WHEREAS, Developers caused to have placed to record a Notice of Covenants and Restrictions of the Harpeth Trace Homeowners Association recorded in Book 5120, Page 918, and
WHEREAS, it was the intent of Developers to style the notice as “Declaration of Covenants and Restrictions for Harpeth Trace Services Association, and
WHEREAS, Developers desire to amend their Notice of Covenants and Restrictions to reflect this change:
NOW, THEREFORE, Developers declare that the Covenants and Restrictions referred to in that instrument of record in Book 5120, Page 918, shall be amended to reflect that the Declaration of Covenants referred to therein hereinafter shall constitute “The Declaration of Covenants and Restrictions of the Harpeth Trace Services Association.”

HARPETH GLEN CORP

BY:___(Signed David L. Pollack, President)___

BY:___(Signed David L. Pollack, Trustee)___
DAVID L. POLLACK, TRUSTEE

STATE OF TENNESSEE)
COUNTY OF DAVIDSON)

Before me, ___(Signed, Barbara Johnson),___, a Notary Public within and for the State and County aforesaid, personally appeared David L. Pollack, with whom I am personally acquainted and who acknowledged himself to be the President of Harpeth Glen Corp., the within named bargainor, a corporation, and that he as such President, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by the said David L. Pollack as such President.
Witness my hand and official seal at office at Nashville, Tennessee. on this the __29th__ day of July, 1977.

___(Signed, Barbara Johnson),___
Notary Public

My Commission Expires: _____May 14, 1980____

STATE OF TENNESSEE)
COUNTY OF DAVIDSON)
Personally appeared before me,___(Signed, Barbara Johnson),___ ,a Notary Public in and for said County and State, the within named David L. Pollack, Trustee, the bargainor, with whom I an personally acquainted, and who acknowledged that he executed the within instrument for the purposes therein contained. Witness my hand and official seal at Nashville, Tennessee, this ___29th___ day of July, 1977.

___(Signed, Barbara Johnson),___
Notary Public

My Commission Expires: _____May 14, 1980____


Prepared by:
W ILLIS & KNIGHT
700 Union Street
Nashville, Tennessee 37219

AMENDMENT TO DECLARATION OF COVENANTS AND RESTRICTIONS
This Amendment, made this __29th__ day of July, 1977, by David L. Pollack, Trustee, and Harpeth Glen Corp., a Tennessee corporation, hereinafter referred to as “Developers,”

W I T N E S S E T H:

WHEREAS, Developers caused to be placed to record a Declaration of Covenants and Restrictions for the Harpeth Trace Services Association in Book 5120, page 918, and amended same in Book _______, page ______, and,
WHEREAS, said Declaration incorporated within its terms a more detailed Declaration of Covenants and Restrictions, of record in Book 5120, page 208, and which subjected land owned by Developers to certain conditions and terms, and,
WHEREAS, Developers have amended the Declaration of Covenants and Restrictions of record in Book 5120, page 208, and desire that the Covenants and Restrictions for the Harpeth Trace Services Association reflect this amendment;
WHEREFORE, in consideration of the premises and considerations provided herein, the Declaration of Covenants and Restrictions for the Harpeth Trace Services Association is hereby amended to incorporate by reference the amendment to the original Declaration of Covenants and Restrictions, said amendment having been placed to record in Book ______, page ______, Register’s Office of Davidson County, Tennessee.

HARPETH GLEN CORP

BY:___(Signed David L. Pollack, President)___

BY:___(Signed David L. Pollack, Trustee)___

DAVID L. POLLACK, TRUSTEE

Prepared by:
W ILLIS & KNIGHT
700 Union Street
Nashville, Tennessee 37219

DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS FOR HARPETH TRACE ESTATES

THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (hereinafter sometimes referred to as “Declaration’) is made and published this ___29th___ day of December, 1978, by and between Stanley N. Chernau, Trustee, of 213-3rd Avenue North, Nashville, Tennessee 37201 (hereinafter sometimes referred to as “Developer”) and any and all persons, firms or corporations hereafter acquiring any of the within described property.

W I T N E S S E T H:

WHEREAS, Developer is the owner of a subdivision in the County of Davidson, State of Tennessee, known as Harpeth Trace Estates, as shown upon a plat of record in Book 5200 , page 125, Register’s Office for said County, a preliminary plan for which is on file in the Office of the Planning Commission of Nashville and Davidson County, Tennessee; and
WHEREAS, it is in the best interest of Developer, as well as to the benefit, interest and advantage of each and every person or other entity hereafter acquiring any of the within described property that certain covenants, conditions, and 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, Developer desires to provide for the preservation of the values and amenities and the desirability and attractiveness of the real property in the Harpeth Trace Estates community; and for the continued maintenance and operation of such recreational and common areas as may be provided;
NOW, THEREFORE, in consideration of the premises, the Developer agrees with any and all persons, firms, corporations or other entities hereafter acquiring any of the property hereinafter described, 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 described properties or any part thereof, and which shall inure to the benefit of each owner thereof. Every person or other party hereafter acquiring any of the within described properties made subject to this Declaration, by acceptance of a deed to any interest in or to said 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.

ARTICLE I
DEFINITIONS

The following words when used in this Declaration or any supplemental declaration hereto (unless the context shall prohibit) shall have the following meanings:
I. “Association” sha1l mean and refer to Harpeth Trace Estates, a nonprofit corporation to be organized and existing under the laws of the State of Tennessee, its successors and assigns.
2. “Common Area(s)” shall mean and refer to any and all real property owned by the Association, or such other property to which the Association may hold legal title whether in fee or for a term of years, for the non-exclusive use, benefit and enjoyment of the members of the Association subject to the provisions of the Declaration, such Common Areas to include, without limitation, the streets, sidewalks and other passageways, parks,. recreational areas, swimming pool, tennis courts, gatehouse, club house, and walls and fences constructed by Developer. Common Areas with respect to the properties made subject to this Declaration, whether at the time of filing of this Declaration or subsequently by Supplementary Declaration(s) shall be shown on the plat(s) of Harpeth Trace Estates and designated thereon as “Common Areas’ or “Open Space
3. “Declaration” shall mean and refer to the Declaration of Covenants, Conditions, and Restrictions applicable to the properties and which is recorded in the Office of the Register of Deeds for Davidson County. Tennessee.
4. “Developer” shall mean and refer to Stanley N. Chernau, Trustee, his heirs, successors, and assigns.
5. “Site” or “Lot” shall either mean and refer to any plot of land to be used for single-family residential purposes and so designated on the subdivision plat or survey of Harpeth Trace Estates which shall be of public record, or of any condominium unit within Harpeth Trace Estates under unit ownership arrangement or agreement.
6. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee interest in any Site which is a part of Harpeth Trace Estates, excluding, however, those parties having such interest merely as a security interest for the performance of an obligation.
7. “Properties’” shall mean and refer to any and all of that certain rea1 propeity now or which may hereafter be brought within that certain residential subdivision being developed by Developer in Nashville, Davidson County, Tennessee, which subdivision is and shall be commonly known, as Harpeth Trace Estates.
8. “Member” shall mean and refer to any person or persons who shall be an owner and, as such, shall be a member of the Association
9. “Person” shall mean and refer to a natural person, as well as a corporation, partnership, firm, association, trust or other legal entity. The use of the masculine pronoun shall include the neuter and feminine, and the use of the singular shall include the plural where the context so requires.
10. Harpeth Trace Estates shall mean and refer to that certain residential community known as Harpeth Trace Estates which is being developed on real property now owned by Developer in Nashville, Davidson County, Tennessee, together with such additions thereto as may from time to time be designated by Developer whether or not such additions are contiguous with or adjoining the boundary lines of Harpeth Trace Estates, as shown on the subdivision plat(s) referred to hereinabove.

ARTICLE II
PROPERTIES SUBJECT TO THIS DECLARATION

Section One. The property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in Nashville, Davidson County, Tennessee, and is more particularly described and shown on the recorded Plan of Harpeth Trace Estates, consisting of Sites Nos. I through 32 and the Common Areas shown thereon. Only those Sites and Common Areas are made subject to this Declaration, provided, however, Developer reserves the right to subject other real property, both Sites and Common Areas, to the restrictions set forth herein as provided below.
Section Two. Without further assent or permit, Developer hereby reserves the right, exercisable from time to time, to subject other real property to the restrictions set forth herein, in order to extend the scheme of this Declaration to other property to be developed as part of Harpeth Trace Estates arid thereby to bring such additional properties within the jurisdiction of the Association.

The additions herein authorized shall be made by filing of record one or more supplementary Declarations in respect to the properties to be then subject to this Declaration and which shall extend the jurisdiction of the Association to such property and thereby subject such addition to assessment for their just share of the Association’s expenses. Each supplementary Declaration may contain such complementary additions and modifications of the Covenants, Conditions and Restrictions contained herein as may be necessary to reflect the different character of the added properties; provided, however, any such supplemental Declaration or any such other Declaration shall not revoke or otherwise amend the provisions of this Declaration as this Declaration pertains to the properties subjected hereto.

ARTICLE III
ASSOCIATION MEMBERSHIP AND VOTING RIGHTS

Section One. Membership.
1. Every person or entity who is the Owner of record of a fee interest in any Site within the Properties shall be a member of the Association, subject to and bound by the Association’s Articles of Incorporation, By-Laws, rules and regulations. For this purpose, ownership of a condominium under any unit ownership arrangement or agreement shall be deemed ownership of a Site. The foregoing is not intended to include persons or entities who hold an interest in any Site merely as security for the performance of an obligation. Ownership of such Site shall be the sole qualification for membership. when any Site is owned of record in tenancy by the entireties or tenancy in common or by some other legal entity, membership as to such Site(s) shall be joint and the right of such membership (including the voting power arising therefrom) shall be exercised only as stipulated in Section Two herein below.
2. During any period in which a member shall be in default in the payment of any annual, special or other periodic assessment levied by the Association, the voting rights and right to the use of the Common Areas or any other facilities which the Association may provide may be suspended by the Board of Directors until such assessment is paid. In the event of violation by a member of any rules or regulations established by the Board of Directors, such member’s voting and use rights may be suspended by the Board after a hearing at which the general requirements of due process requirements shall be observed: Such hearing shall only be held by the Board (or a committee thereof) after giving member ten (10) days prior written notice specifying each alleged violation and setting the time, place and date of the hearing. Determination of violation shall be made by a majority vote of the Board or the Committee thereof.
3. No membership or initiation fee shall be charged, nor shall Members be required to pay at any time any amount to carry on the business of the Association except to pay when due the charges, assessments and special assessments levied upon each Member’s Lot as specified in the Declaration, the By-Laws, or as the Developer or the Directors of the Association may from time to time hereafter adopt.

Section Two. Voting and Voting Rights. 1. The voting rights of the membership shall be appurtenant to the ownership of the Site. There shall be two classes of Sites with respect to voting rights:
A. Class A. Class A Sites shall be all Sites except Class B Sites as the same are hereinafter defined, and the Owner(s) of each such Class A Site shall be entitled to one (1) vote.

When two or more persons hold an interest (other than a leasehold or security interest) in any Site, all such persons shall be Members. The vote for such Site shall be exercised by one of such persons as proxy and nominee for all persons holding an interest in a Site and in no event shall more than one (1) vote be cast with respect to any Site.

B. Class B. Class B Sites shall be all Sites owned by Developer which have not been converted to Class A Sites as provided below. Developer shall be entitled to four (4) votes for each Class B Site which it retains. The Class B Sites shall cease to exist and shall be converted to Class A Sites when there are 20 owner occupied residences on Class A Sites, provided that the Class B Sites shall not, in any event, cease to exist until the expiration of five (5) years from the date hereof.

2. Any Member who is delinquent in the payment of any charges duly levied by the Association against a Site owned by such Member shall not be entitled to vote until all such charges, together with such reasonable penalties as the Board of Directors of The Association may impose, have been paid.
3. Members shall vote in person or by proxy executed in writing by the Member. No proxy shall be valid after eleven (11) months from the date of its execution or upon conveyance by the Member of his Site. A corporate Member’s vote shall be cast by the President of the Member corporation or by any other officer or proxy appointed by the President or designated by the Board of Directors of such corporation.
4. Voting on all matters except the election of directors shall be by voice vote or by show of hands unless a majority of the Members of each Class present at the meeting shall, prior to voting on any matter, demand a ballot vote on that particular matter. Where directors or officers are to be elected by the Members, the solicitation of proxies for such elections may be conducted by mail.
5. The Developer shall have at least one (1) representative on the Board during the first ten (l0) years after the date hereof.
6. Upon the filing of supplements to this Declaration which add additional properties to the Harpeth Trace Estates development, either in the form of additional Common Areas or additional Sites, or both, the time periods specified above in Section 2(b) and in Section 5 of this Article III shall each be extended to run for the full period of five (5) years following the date of each such Supplement.

ARTICLE IV
COMMON AREA PROPERTY RIGHTS

Section One. Every Owner shall have a non-exclusive right and easement of enjoyment in and to the Common Area, including any Common Areas which may be added in subsequent Phases of Harpeth Trace Estates, or by supplements hereto, which shall be appurtenant to and shall pass with the title for every Site subject to the provisions of this Declaration and the Charter and By-Laws of the Association, including, but not limited to: the following:

1. The right of the Association to limit the use of the Common Area to Owners, their families, and guests;
2. The right of the Association to suspend the voting and enjoyment rights of an Owner for any period during which any assessment against his Site remains unpaid, or for any infraction of the Association’s published rules and regulations;
3. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless the Members entitled to at least two-thirds (2/3) of the votes appurtenant to Class A Sites and Class B Sites agree to such dedication or transfer and signify their agreement by a signed and recorded written document, provided that this paragraph shall not preclude the Board of Directors of the Association from granting easements for the installation and maintenance of electrical, telephone, cablevision, water and sewerage, utilities and drainage facilities upon, over, under and across the Common Area without the assent of the membership when such easements are requisite for the convenient use and enjoyment of the Properties.
Section Two. The right and easement of enjoyment granted to every Owner in Section One of this Artic1e may be exercised by members of the Owner’s family. An Owner may, with the approval of the Board of Directors of the Association, delegate his rights of enjoyment in the Common Area to his tenants who occupy the residence of the Owner within the Properties.
Section Three. Every Owner shall have an interest in all of the property owned by the Association as is represented by the ratio of the number of votes to which said Member is entitled to the total number of votes, both Class A and Class B Members, in the Association.

ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS

Section One. Monthly or Annual Assessment for Maintenance Fund. For each Class A site owned within the Properties, every Owner covenants, and each subsequent Owner of any such Site, by acceptance of a deed therefore, whether or not it is so expressed in such deed, is deemed to covenant and agree to pay to the Association a monthly or annual assessments or charges for the creation and continuation of a maintenance fund in the amount hereinafter set forth, which may be levied by the Board of Directors of the Association.
Section Two. Purpose of Assessments. The assessments levied by the Association shall be used to provide funds for such purposes as the Association may determine are for the benefit of its Members, which purposes shall include maintenance, landscaping and beautification of the Common Areas, maintenance of all walkways, streets and passage ways, gatehouse, walls and fences constructed by Developer. Funds may also be used to provide other services for the Association Members to promote the health, safety and welfare of the residents of the community and in particular for the acquisition, improvement and maintenance of properties, services and facilities related to the use and enjoyment of the Common Area, including but not limited to the cost of repair, replacement and additions thereto; the employment of a general manager and other personnel; the cost of labor, equipment, materials, management and supervision thereof; the payment of taxes assessed against the Common Area; the procurement and maintenance of insurance; the employment of attorneys, accountants and other personnel whom the Directors may determine to be useful; the employment of security personnel to provide any service which is not readily available from any governmental authority; and such other needs as may arise. In addition, the Association shall maintain and operate any recreational areas, should they be established, including playgrounds, swimming pool, tennis courts and club house and the Association shall assess the membership all reasonable costs so incurred.
Section Three. Creation of the Lien and Personal Obligation of Assessment. In order to secure payment at and after due date, as each assessment becomes due there shall arise a continuing lien and charge against each Site, the amount of which shall include costs and reasonable attorney’s fees to the extent permissible by law. Each such assessment, together with such interest, costs and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due, such personal obligation shall not pass to successors in title unless expressly assumed by them, provided such assumption shall not relieve such owner of such obligation if the same is not paid when due by the successor assuming it.

Section Four. Exempt Property. The assessments, charges and liens created under this Article V shall not apply to the Common Area, nor shall it apply to any Site, the title to which is vested either in any first mortgages subsequent to foreclosure; provided, however, that upon the resale of such property by such first mortgagee the assessment herein provided shall again commence and accrue and shall be fully applicable to such Site upon the conveyance to any subsequent Owner. Any Site which Developer may hereafter designate for common use as part of the Common Area or otherwise shall be exempt from the assessments and charges created herein. In addition, all property dedicated to and accepted by a local public authority, all land granted to or used by a utility company shall be exempt from such assessments.

Section Five. Special Assessments. In addition to the monthly or annual assessments, the Association may levy, in any assessment year. a special assessment applicable to that year only, provided that any such assessment shall have affirmative votes of not less than a two-thirds (2/3) majority of a meeting of the members, held after not less than five (5) days notice in writing.

Section Six. Date of Commencement of Annual or Monthly Assessment: Due Dates: Certificate of Payment. Annual or monthly assessments provided for herein shall commence as to all Sites on the first day of January, l980. At least thirty (30) days before January 1 of each year, the Board of Directors shall fix the amount of the annual assessment against each Site and in the event the Board elects not to fix such assessment rate as herein provided, the amount of the prior years annual assessment shall be the fixed amount. Written notice of any changed assessment rate shall be sent to every Owner. The due dates for the payment of annual and special assessments shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Site have been paid to date.

Section Seven. Effect of Non-Payment of Assessment Remedies of the Association. Any assessment not paid within the due date shall bear interest at the maximum legal contract rate and to the extent allowed by law. The Association, its agent or representative, may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Site to which the assessment relates, and interest, costs and reasonable attorney’s fees for such action or foreclosure shall be added to the amount of such assessment to the extent allowed by law No Owner may waive or otherwise avoid liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his lot.

Section Eight. Subordination of the Lien to Mortgages. The liens provided for herein shall be subordinate to the lien of any deed of trust (sometimes hereinafter called “mortgage”) of any Site. Sale or transfer of any Site shall not affect any assessment lien; The sale or transfer of any Site which is subject to any mortgage, pursuant to a foreclosure thereof, or under a power of sale or any proceeding in lieu of foreclosure thereof, shall extinguish the lien of such assessment as to payments which became due prior to such sale or transfer, but the Association shall have a lien upon the proceeds from foreclosure or of sale junior only to the said foreclosed first mortgage but senior to the equity of redemption of the mortgagor or trustor. No sale or transfer shall relieve such Site from liability for any assessment thereafter becoming due or from the lien thereof.

ARTICLE VI
ARCHITECTURAL, MAINTENANCE AND USE RESTRICTIONS

The following architectural, maintenance and use restrictions shall apply to each and every lot now or hereafter subjected to this Declaration.

Section One. Approval of Plans and Architectural Committee. No construction, reconstruction, remodeling, alteration or addition to any structure, building, fence, wall, driveway, path or other improvement of any nature shall be constructed without obtaining the prior written approval of the Developer as to the location of the same and as to its plans and specifications For this purpose, the Developer shall establish a confidential Architectural Committee which shall have full authority to review and act upon requests for approval of plans. As a prerequisite to consideration for such approval, and prior to the beginning of the contemplated work, two (2) complete sets of building plans and specifications must be submitted to the developer for approval. The Architectural Committee shall be the sole arbiter of the same and may withhold approval for any reason, including purely aesthetic considerations. Upon approval being given, construction shall commence within ninety (90) days, and shall be prosecuted to completion promptly and in strict compliance with the approved plans, otherwise the approval shall be void. The failure of the Developer to act upon any set of plans and specifications within thirty (30) days from the date of the submission of the same shall constitute the approval of such plans. A reasonable fee, not exceeding One Hundred Dollars ($100.00), may be charged by the Developer to defray its costs incurred in considering and acting upon any proposed plans and specifications requiring changes to secure approval.

Section Two. Improvement, Setback and Use Restrictions.

1. All structures must be built to comply with the approved site plan and plans and specifications therefore. Before any house may be occupied it must be completely finished.
2. Minimum setback requirements have been established but are not intended to gender uniformity. They are intended to avoid overcrowding and monotony. It is, therefore, intended that setbacks may be staggered, where appropriate, so as to preserve trees and to assure vistas of open areas. The Developer reserves the right to approve the site plan and location of each house or other structure on each Site and to arrange the same in such manner as it shall deem in the best interests-of the overall development. No building or structure, or any part thereof, shall be located on any Site nearer to the front line nor to a side street line than the minimum setback lines shown on the recorded plan or as specified in Restrictions. Interior lots shall provide the minimum side yard provided on the recorded plan, although this yard may be provided entirely on either side of the house, or the same may be divided. For the purpose of determining compliance with the minimum setback requirement, eaves, stoops, open porches, and steps extending beyond the front wall of a structure shall not be considered as a part thereof.
3. The total floor living area of the main structure (including condominium units) upon any lot, exclusive of open porches, patios, garages, carports, and breezeways, shall be not less than sixteen hundred (1,600) square feet and shall comply with the maximum and minimum ratios of land to building area as shown on the recorded plan.
4. Boundary walls may be erected, provided that the same are set back from the street at least fifteen (15) feet from the front building line of the building furthest from the street. No walls, other than retaining walls may be constructed along the front lot line of any Site. No retaining wall shall extend to a height greater than three (3) feet above the earth being retained. No boundary wall, nor any wall enclosing a patio or courtyard. shall extend to a height greater than six (6) feet from ground level (except with the consent of all adjoining Site Owners). All boundary and retaining walls must be of brick, stone, stucco or material agreeable to the Architectural Committee. No fences, or walls enclosing rear yards, located along rear property lines, may be built closer to any service drives than the rear setback line (if any) shown on the recorded plan.
5. Swimming pools must be located to the rear and side of the main dwelling and shall be no nearer than five (5) feet to any Site line. Developer reserves the right to establish a uniform mail box and mail box location system.
6. Incinerators for garbage, trash or other refuse shall not be used nor permitted to be erected or placed on any lot. Any and all equipment, coolers, woodpiles, garbage cans, refuse or storage piles placed on any lot, whether temporary or permanent, shall be walled in to conceal the same from the view of neighboring lots, roads, streets, and open areas. Plans for all screening walls and enclosures must be approved by the Architectural Committee.
7. No lumber, brick, stone, block, concrete or other building materials, nor any other thing used for building purposes shall be stored on any Site except for the purpose of construction on such Site, and then only for such length of time as is reasonably necessary for the construction of the improvements then in progress.
8. All utility meters, air conditioning compressors, and other like equipment shall not be visible from neighboring lots, roads, streets and open areas. Outdoor television antennas may be installed, with the prior approval of the Architectural Committee, provided such antennas shall be thereafter taken down and removed by the owner at such time as cable television receiving service is available within the area.
9. No owner shall excavate or extract earth from any of the lots subject to this Declaration for any business or commercial purpose. No elevation changes shall be permitted which will materially affect the surface grade of surrounding Site except to the extent that fill may be required on certain Site as shown on the recorded plan. All fill shall be subject to the approval of the Architectural Committee, as to the nature of the fill employed and as to the manner and methods of installation.
10. All footings must be approved by licensed soil engineer.

Section Three. Maintenance

1. All Sites, together with the exterior of all improvements located thereon, shall be maintained in a neat and attractive condition by their respective owners. To provide uniformity in the maintenance of the landscaping, the Developer shall contract with one or more landscaping services to provide maintenance services for the Common Area. The cost of such maintenance shall be treated as a Common Area charge for all areas.
2. In the event any owner shall fail to complete his residence according to the approved plans or to maintain the improvements situated upon his or her lot in a manner satisfactory to the Association, the Association may, upon the vote of two-thirds (2/3) of the Association’s Directors, and after ten (10) days notice in writing to the Site owner, and his continued failure to commence the correction of the matter in issue, enter upon said Site and remove, complete, repair, maintain or restore the exterior of the improvements erected thereon. The cost of such exterior maintenance shall be added to and become a part of the assessment to which such Site is subject and the owner shall be personally liable for the cost of such maintenance so incurred.

Section Four. Residential Use. Unless otherwise designated on the recorded plan, each Site shall be used only for single family residential purposes and not otherwise.

Section Five. Parking of Automobiles. A minimum of two (2) off-street parking spaces for each residence must be provided by each Site owner, which shall be located off of the service drive at the rear of the residence, where there is a service drive; otherwise through the Owner’s driveway. Additional parking will be permitted at the front of the residence with the permission of Developer only.

Section Six. Hobbies and Activities. The pursuit of inherently dangerous hobbies or activities, including without limitation, the assembly and disassembly of motor vehicles or other mechanical devices, the shooting of firearms, fireworks, or pyrotechnic devices of any type or size, and other such activities shall not be pursued or undertaken on any part of any Site or upon the Common Areas without the consent of the Association.

Section Seven. Animals and Pets. No animals, livestock or poultry of any kind shall be raised, bred, pastured, or maintained on any Site, except household pets which shall be kept thereon in reasonable numbers as pets for the sole pleasure of the occupants, but not for any commercial purpose or use. No pets shall be permitted in the Common Areas unless accompanied by their owners and except on a leash. The Association may take appropriate measures to insure compliance with this provision.

Section Eight. Nuisances and Unsightly Materials. No house or other structure on any Site shall be used for any commercial or business purpose. Each owner shall refrain from any act or use of his Site which could reasonably cause embarrassment, discomfort, annoyance or nuisance to the neighborhood. No noxious, offensive or illegal activity shall be carried on upon any Site. Boats, motor homes, and campers may be stored on the property, but may not be visible from neighboring lots, streets, roads or open areas. No motorcycle, motorbike or motor scooter shall be permitted to be operated in the streets or Common Areas at Harpeth Trace Estates.

Section Nine. Governmental Restrictions. Each owner shall observe all governmental building codes, health regulations, zoning restrictions and other regulations applicable to his lot. In the event of any conflict between any provision of any such governmental code, regulation or restriction and any provisions of this Declaration, the more restrictive provision shall apply.

ARTICLE VII
EASEMENTS

Section One. General. Each Site now or hereafter subjected to this Declaration shall be subject to all easements shown ot set forth on the recorded plat(s) of survey upon which such Lot is shown. No structure(s) of any type shall be erected or placed upon any part of a Lot or Common Area which will interfere with the rights and use of any and all easements shown on said recorded plat-.

Section Two. Emergency. There is hereby reserved without further assent or permit, a general easement to all policemen and security guards employed by Developer, firemen, ambulance personnel and all similar persons to enter upon the properties or any portion thereof which is now or hereafter made subject to this Declaration in the performance of their respective duties.

ARTICLE VIII
GENERAL PROVISIONS

Section One. Duration. The foregoing restrictions shall be construed to be covenants running with the land and shall be binding and effective until December 31, 2000, at which time they shall be automatically extended for successive periods of ten (10) years each unless it is agreed by the vote of a majority in interest of the then Owners of the above described property to change, amend or revoke the restrictions in whole or in part. Every purchaser or subsequent grantee of any interest in any property now or hereafter made subject to this Declaration, by acceptance of a deed or other conveyance therefore, thereby agrees that the covenants and restrictions of this Declaration may be extended as provided in this Article.

Section Two. Membership in Harpeth Trace Services Association. Upon purchasing a lot an owner shall become a member of the Harpeth Trace Services Association, a non-profit Tennessee corporation, the charter of which is recorded in Book 5120, page 200, Register’s Office of Davidson County. The purpose of said Association is to provide an organization to assume responsibility for the maintenance and certain improvements such as bridges and roads which, of necessity, must be shared by the owners of lots in Harpeth Trace Estates, together with property owners of adjacent tracts. To effectuate these purposes, a Declaration of Covenants and Restrictions delineating the authority of Harpeth Trace Services Association and the duties and obligations of its members, has been placed to record in Book 5120. page 208, Register’s Office of Davidson County, Tennessee. These covenants and restrictions, including the payment of assessments if levied by the Association, are covenants running with the land and as such are binding upon the owners of lots located within Harpeth Trace Estates.

Section Three. Amendment. The covenants and restrictions of this Declaration may be amended by the Developer, without joinder of any Site owner, for a period of eight (8) years from the date hereof (or from the date of the last supplement hereto which adds additional properties to Harpeth Trace Estates): thereafter by an agreement signed by at least two thirds (2/3) of the owners whose Sites are then subject hereto. Any such amendment shall not become effective until the instrument evidencing such change has been filed of record. By way of clarification, this process of amendment does not apply to “additions” as described in Article II, Section Two. Every purchaser or subsequent grantee of any interest in any property now or hereafter made subject to this Declaration by acceptance of a deed or other conveyance therefore, thereby agrees that the covenants and restrictions of this Declaration may be amended as provided herein.

Section Four. Enforcement. If any person, firm or corporation shall violate or attempt to violate any of these restrictions, it. shall be lawful for any other person, firm or corporation owning any property within Harpeth Trace Estates to bring an action against the violating party at law or in equity for any claim which these restrictions may create in such other Owner or interested party either to prevent said person, firm or corporation from so doing such act; or to recover damages for such violation. The provisions of this Section are in addition to and separate from the rights of the Association to collect Association fees. Any failure by Developer or any property Owner to enforce any of said covenants and restrictions or other provisions shall in no event be deemed a waiver of the right to do so thereafter. Invalidation of any one or more of these restrictions by judgment or court order shall neither affect any of the other provisions not expressly held to be void nor the provisions so voided in circumstances or application other than those expressly invalidated, and all such remaining provisions shall remain in full force and effect together with the provisions ruled upon as they apply to circumstances other than those expressly invalidated.

Section Five. 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. The covenants, agreements and rights set forth herein shall be binding upon and inure to the benefit of the respective heirs, executors, successors and assigns of the Developer and all persons claiming by, through, or under Developer.

Section Six. Unintentional Violation of Restrictions. In the event of unintentional violation of any of the foregoing restrictions with respect. to any Lot, the Developer or its successors reserves the right (by and with the mutual written consent of the Owner or Owners for the time being of such Lot) to change, amend, or release any of the foregoing restrictions as the same may apply to that particular Lot.

IN WITNESS WHEREOF, the Developer has caused this Declaration of Protective Covenants and Restrictions to be duly signed this __29th__ day of December, 1978.

BY___(Stanley N. Chernau, Trustee),___

STATE OF TENNESSEE)
COUNTY OF DAVIDSON)
Personally appeared before me,___(Unreadable)___ ,a Notary Public in and for said County and State, the within named Stanley N. Chernau, Trustee, the bargainor, with whom I am personally acquainted, and who acknowledged that he executed the within instrument for the purposes therein contained. Witness my hand and official seal at Nashville, Tennessee, this ___29th___ day of July, 1977.

______(Unreadable),___
Notary Public

My Commission Expires: _____(Unreadable)____

BY-LAWS

HARPETH TRACE SERVICES ASSOCIATION

ARTICLE I.
CHARTER

Section 1.
The Harpeth Trace Services Association is a non-profit corporation organized under the laws of Tennessee. Its charter was granted under a Master Deed establishing a horizontal property regime for Harpeth Trace Condominiums. The By-Laws must in all respects comply with the provisions of the Charter and any amendments thereto/and the declaration of Covenants and Restrictions pertaining thereto. The provisions of those instruments are controlling in the event of any conflict with the provisions of these By-Laws.

ARTICLE II.

PURPOSE AND POWERS

Section I.
The Association is to carry out the terms and interest of the Charter; and specifically to do and provide for the operation and maintenance of the property and facilities owned or controlled by the Association as provided by said Charter. The Association has been granted all the powers furnished by law and as are reasonably necessary or appropriate to carry out its purposes and functions including, but not limited to, the following:

a. To make and collect assessments;
b. To use the proceeds of assessments in the exercise of its powers and purposes;
c. To maintain, repair, replace, improve, and operate the properties and facilities owned or controlled by it;
d. To make and amend reasonable rules and regulations governing all the properties and facilities subject to its jurisdiction;
e. To enforce by legal means the provisions of the Charter and the rules and regulations adopted by the Association.

ARTICLE III.

MEMBERS

Section I.
The members of this Association shall be as follows:

a. Class A Members shall be all owners of lots, condo miniums, and planned unit development units
b. Class B Members shall be occupants (defined in the Charter whether one or more persons or entities of a living unit, or of any non-residential spaces located on the property and who shall be either the owner thereof or lessee under a written lease having a term of at least 12 months).

ARTICLE IV.

MEMBERSHIP MEETINGS

Section 1.
The annual meeting of the members shall be held on the fourth Thursday of January at a time and place designated by the Board of Directors.

Section 2.
Special Meetings of the members may be held upon the call of the President, or by resolution of the Board of Directors, or upon request of not less than ten percent (10%) of the members having a right to vote at such meeting.

Section 3.
Notice of the Annual Meeting and of any special meeting of the members shall be mailed to the voting members at least twenty (20) days before such meeting.

Section 4.
At all meetings of the members of the Association, a quorum shall consist of at least one—tenth of the members present in person or represented by proxy.

ARTICLE V.

BOARD OF DIRECTORS

Section 1.
The management and control of the Association shall reside and be vested in a Board of Directors, consisting of nine (9) directors, all of whom shall be Class A members of the Association, no two of whom shall share ownership of the same living unit.

Section 2.
At the expiration of the term of office of each respective director so serving at the time these By-Laws are adopted, his successor shall be elected to serve a term of three years. The directors shall hold office until their successors have been elected and hold their first meeting. The directors shall be elected by the Class A and Class B members voting together as the entire membership.

Section 3.
The election of the directors to be elected in any one year shall be at the annual meeting of members. At each Annual Meeting, a number of directors equal to that of those whose terms have expired shall be elected for the term of three (3) years. At the expiration of any term of three (3) years, any director may be re-elected.

Section 4.
Nominations for election of directors shall be made by the nominating committee thirty (30) days prior to the Annual Meeting of members, but nominations may be made from the floor by any member. A majority vote of the members present in person or by proxy shall be sufficient for election of the directors.

Section 5.
The Board of Directors shall fill all vacancies that may occur, and the person so chosen shall hold the office for the unexpired term of his predecessor.

ARTICLE VI.

BOARD OF DIRECTORS MEETINGS

Section 1.
The Board of Directors shall meet annually within seven (7) days following the Annual Meeting of the Association, and in any other regular meetings as the Board, by resolution, may fix from time to time.

Section 2.
Special meetings of the Board of Directors may be held at any time and place upon the call of the President, or upon the request of three (3) or more directors.

Section 3.
Notice of all meetings of the Board of Directors shall be given by mail or by telephone five (5) days prior to the date of the meetings.

Section 4.
A quorum of the Board of Directors shall consist of five (5) members thereof.

Section 5.
Whenever the directors of the Association are required to take any action by vote, such action may be taken without a meeting on written consent, setting forth the action so taken, signed by all the directors entitled to vote thereon.

ARTICLE VII.

OFFICERS

Section 1.
The officers of the Association shall consist of a President, Vice President, and Secretary-Treasurer, all of whom must be members of the Board of Directors.

Section 2.
The officers shall be elected by the Board of Directors annually at the first meeting of the Board following the Annual Meeting of the Association. The officers so elected shall serve a term of one (1) year. The Board of Directors shall fill all vacancies that may occur with the appointee to hold office until the next annual meeting of the Board of Directors.

Section 3.
The President of the Association shall preside at all meetings and perform generally the duties customarily required of such office and shall be the chief officer of the Association, subject however, to the directions of the Board of Directors.

Section 4.
The Vice President shall perform all of the duties of the President in absence of the President.

Section 5.
The Secretary-Treasurer shall have charge of the seal and with the President, shall execute and sign such instruments as require his signature or attestation. In his capacity as Secretary-Treasurer, he shall coordinate with the Managing Agent, if there be one, in such matters as the keeping of the corporate books and records of the Association, the issuance of notices of meetings of the members and directors, the custody of all monies and securities of the Association, and other fiscal and accounting services. He shall make such reports and perform other duties usually incident to his office or which may be delegated to him by the Board of Directors.

ARTICLE VIII.

MANAGING AGENT

Section 1.
The Board of Directors may contract for services of a Managing Agent, who need not be a member of the Association, to carry Out and perform under the supervision of the President, the purposes and affairs of the Association and to execute the decisions of the Board with regard to the management, maintenance, repairs, administration, and operation of the common areas. Included in the Managing Agent’s duties will be the rendering of fiscal and accounting services.

ARTICLE IX.

COMMITTEES

Section 1.
The President shall annually appoint three (3) members of the Board who shall constitute a Nominating Committee. The Committee shall, in writing to the Secretary no less than thirty (30) days prior to the annual meeting, submit nominations for the directors to be elected at such meeting.

Section 2.
The Board of Directors may provide for such other Committees as may be deemed appropriate and necessary and prescribe their duties.

Section 3.
The President shall appoint members of all committees and shall designate the chairman of each.

ARTICLE X.

AMENDMENTS

Section 1.
The Board of Directors shall have the power to make, alter, amend, and repeal the By-Laws of the Association by affirmative vote of a majority of the Board at any regular or special meeting, provided that the proposed action is inserted in the notice of such meeting.

ARTICLE XI.

AGENTS & REPRESENTATIVES

Section 1.
The Board of Directors may appoint such agents and representatives of the Association with such powers and to perform such acts or duties on behalf of the Association as the Board of Directors may see fit, so far as may be consistent with the Charter and the By-Laws to the extent authorized or permitted by law.

ARTICLE XII.

CONTRACTS

Section 1.
The Board of Directors, except as in these By-Laws otherwise provided, may authorize any officer or agent to enter into any contract, or execute and deliver any instrument in the name of and on behalf of the Association, and such authority may be general or confined to a specific instance; and unless so authorized by the Board of Directors, no officer, agent, or employee shall have any power or authority to bind the Association by any contract or engagement, or to pledge its credit, or render it liable pecuniarily for any purpose or to any amount.

ARTICLE XIII.

WAIVER OF NOTICE

Section 1.
Whenever any notice is required to be given to any member or director of the Association under the provisions of these By-Laws, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein shall be deemed equivalent to the giving of such notice.

This is to certify that the above By-Laws were duly adopted by the Harpeth Trace Services Association Board of Directors on March 28, 1985.

Signed:

HARPETH TRACE SERVICES ASSOCIATION

BY: (Signature)
Robert C. Hendon, President

BY: (Signature)
E. E. Edwards, Secretary/Treasurer

About our association

Harpeth Trace Services Association

This neighborhood association was formed in the late 1970s, when our subdivision was first built, and is responsible for the main streets, entrance bridge, and common areas. This includes the guard house at the entrance, the street lights, the walking path, and drainage pipes and catch basins. Metro is responsible for our sewage collection system once it crosses the homeowners' or condominiums' property lines.

Harpeth Trace Services Association holds a general membership meeting once a year, the last Thursday in January, to elect a Board of Directors and to allow members to voice any ideas or concerns they may have. Every property owner within Harpeth Trace Estates is a member of this association. In fact, membership is required, as is the payment of membership dues. Dues during 2008 are $45 per month.

The Board of Directors holds meetings quarterly, or more often if required. They also conduct association business via e-mail on an as-needed basis. Any member of Harpeth Trace Services Association is welcome to attend any, or all, Board meetings, but only Board members have voting privileges. To learn the date of the next regularly scheduled meeting, contact any member of the Board of Directors, or check the Calendar at this site. Board member's names and contact information can be found on this website.

Condominium Associations

Each condominium within our subdivision has it's own association and takes care of its own streets and buildings.

Starting at the bottom of the hill near the entrance of our subdivision and progressing up the hill along Harpeth Trace Drive, the names of the comdominiums are: Wood Valley, Harpeth Ridge, Harpeth Knoll, Treetops, and finally the low-rise building, which we refer to as "The High-Rise."

Below is a list of the condominiums, their presidents, and the presidents' telephone numbers:

Wood Valley-Mark Tardy-352-3506, mtardy@mindspring.com
Harpeth Ridge-Fred Lyell-352-3542, lyellfl@comcast.net
Harpeth Knoll-Lynn Pryor-malibu761@yahoo.com
Treetops-Joanne Katcher-356-7451, jkatcher@comcast
High-Rise-Susan Mitchell-352-0484, susmitchell@comcast.net

Owners of free-standing homes have the right to form their own association (or associations), but have not chosen to do so.

Email us
For more information, contact phyllis@828marketing.com.