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RESTRICTIVE COVENANTS
FOR
MAJESTIC MOUNTAINS SUBDIVISION

Know all men by these presents, that whereas, the undersigned SWT, LLC, hereinafter referred to as "Developer, is the owner in fee simple of all lots in Majestic Mountains Subdivision located in the 13th Civil District of Blount County, Tennessee, plat of which is of record in Map File 1785A in the Register's Office for Blount County, Tennessee; and

        WHEREAS, Developer is subdividing the said property; and

        WHEREAS, the Developer desires to establish restrictions for the good and benefit of the entire subdivision.

        NOW THEREFORE, it is agreed that from and after the date of this instrument the properly which is more particularly described above is hereby restricted as follows, said restrictions to run with the land:

        1.     Property Owners Association.   By accepting a deed conveying a lot or lots in Majestic Mountains Subdivision, the lot owner is acknowledging joint responsibility for the maintenance and repair of the common elements.  An Owners Association is established simultaneously to the development of this subdivision.  This Association is a not-for-profit organization with a President and Secretary/Treasurer.  The Association shall have at least one (1) meeting of the membership per year.  The Association's responsibilities shall include the maintenance and repair of the common elements as defined in Section 2 of the By-Laws below, which common elements shall be maintained in operational condition for the purposes for which they serve.  The Association may periodically set maintenance fees to be assessed to each member of the Association.  Further the Association is empowered to collect these fees and to pursue any legal rights for non-payment of the fees including the filing of a lien against any lot.  The by-laws of the Property Owners Association shall be as follows:

BY-LAWS
OF
MAJESTIC MOUNTAINS SUBDIVISION
PROPERTY OWNERS ASSOCIATION

Section 1.  "Association" shall mean and refer to Majestic Mountains Subdivision Homeowners Association, a non-profit organization.

Section 2.  The common elements shall consist of the following:

(a)    The island and any signs located thereon at the entrance of the subdivision as it intersects with Doc Norton Road;

(b)    A 25 foot drainage easement over adjacent property located near Lot 3;

(c)    A drainage pipe located between Lots 78 and 79;

(d)    A drainage pipe located between Lots 42 and 43 and between Lots 42 and 44;

(e)    The area designated as "Detention Pond" consisting of Lot 93 containing 2.617 acres and a 25 foot  easement for egress and ingress located between Lots 89 and 90.

Section 3.  Every person or entity who is the owner of a fee or undivided fee interest in any lot which is subject to covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member.  In the event that a lot is owned by one or more persons, the co-owners shall designate the representative to the Property Owners Association.

Section 4.  All members are subject to the payment of annual and special assessments levied by the Association, the obligation of which assessments is imposed against each owner of a lot and shall become a lien upon the lot against which such assessments are made.

Section 5.  The owner of any lot, by acceptance of the deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association: (1) annual, quarterly or monthly assessments or charges; (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided.  The annual, quarterly, or monthly assessments and special assessments, together with such interest thereon and costs of collection thereof as may be hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the lot against which each such assessment is made.  The lien imposed by this section shall be inferior to any mortgage properly recorded at the time when the lien is created.  Each such assessment, together with such interest thereon and cost of collection thereof as hereinabove provided, shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due.

Section 6.  The Association shall have one (1) class of voting membership.  Each lot owner shall have (1) vote in the Association.

Section 7.  The officers of the Association shall be a president, a secretary and a treasurer.

All officers shall be members of the Association.  The officers shall be chosen by a majority vote of the members. All officers shall hold office at the pleasure of the Association.

The President shall preside at all meetings of the Association.

The Secretary shall record the votes and keep the minutes of all proceedings in a book to be kept for that purpose.

The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by the Association.

        2.    These restrictions shall run for a period of ten (10) years and shall automatically renew unless a document signed by two-thirds (2/3rds) of the owners is recorded which modifies, amends or revokes the covenants.  Such amendment shall be certified by written instrument signed by the property owners and recorded in the Blount County Register's Office.  However, the obligation to maintain the entry area and lake by the Homeowners Association may not be modified by a future amendment.

AMENDMENT TO DECLARATION OF
RESTRICTIONS FOR
MAJESTIC MOUNTAINS SUBDIVISION

SWT, LLC, the Developer, hereby declaring that he is the lawful owner in fee simple of all lots in the MAJESTIC MOUNTAINS SUBDIVISION, as shown on map of record in Map File 1785A, in the Registrar's Office of Blount County, Tennessee, desiring to promote the development thereof as a residential subdivision, and for the protection of future owners of any one or more of said lots; do hereby impose upon the above described lots in MAJESTIC MOUNTAINS SUBDIVISION  the following restrictive Covenants which shall run with the land to wit:

WHEREAS, there has previously been recorded a Declaration of Restrictions for said property, which is of record in the Register's Office for Blount County, Tennessee, In Misc. Vol. 196, page 663; and

WHEREAS, the undersign desire to amend said restrictions.

NOW THEREFORE, for and in consideration of the premises and the mutual covenants and agreements hereinafter contained, the undersign do hereby amend the restrictions previously recorded Misc. Vol. 196, page 663, by adding the following:

1. LAND USE:   All lots shall be devoted exclusively to Single Family Residential use, and no building shall be erected or maintained in the Subdivision other than single family residences, private swimming pool, pool house, approved outbuildings, outdoor cooking areas and children play houses, which are permissible. All residences shall have at least a double car garage, either attached thereto or integrated in a residence. Garage entrances shall be from the side or rear of the residence.

No sign of any character shall be displayed or placed upon any property except those advertising the property for sale and those used by a builder to advertise the property during construction and sales period. 

No vegetable gardens shall be planted or extended nearer the street than the rear yard of any residence, and in no event be nearer than 25 feet from any adjoining property. 

All said lots, from date of sale, must be maintained by the owner in a neat and orderly condition. This includes grass cutting and removal of debris.

2. ARCHITECTURAL CONTROL:   Prior to construction, house plans and all other improvements must be submitted in duplicate to Developer, and or it's heirs and assigns, for this review. The Developer, and or it's heirs and assigns, shall have sole and exclusive right to approve plans for aesthetic reasons, not structural. One set of plans shall remain the property of the Developer. 

Neither the Developer nor its successors or assigns, shall be liable to anyone submitting plans for approval by reason of mistakes in judgment, negligence, or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve any plans. Every person and entity that submits plans to the Developer agrees, by submission of such plans, that he or it will not bring any action or suit against the Developer or it's representatives by reason of the approval or disapproval of such plans. If plans are not approved or disapproved within 21 days the plans shall be deemed approved. 

Developer shall approve all exterior elevations, exterior materials and specifications, exterior color schemes, site plan, landscaping plan (may be submitted after house is started a minimum of 60 days prior to completion), other improvements and location of improvements as per restrictions. 

If the Developer denies any plans or any portion thereof, lot owner may override the Developers denial by obtaining written approval of the plans by all lot owners in a three hundred (300) foot radius. 

Please submit all requests for new builds or other projects using the Project Approval Request Form.

3. BUILDING TYPE AND LOCATION:  No part of any lot shall be used for residential purposes until a completed dwelling house, conforming to the provisions of this instrument, shall have been erected thereon; the intent of this paragraph being to prevent the use of a garage, incomplete structure, trailer, tent, or other enclosure as living quarters before or after the erection of a permanent dwelling. A trailer shall not, under any circumstances, be considered as a permanent dwelling and no trailer type of residence shall at any time be placed or maintained on the premises. However, the use of construction trailers during the construction period is allowable provided their sole use and purpose is to store tools and related materials. There shall be no modular houses, or mobile homes allowed.

Dwelling shall be completed in 12 months of beginning construction. Developer or assigns may approve an extension of construction period. Owner shall be responsible to see that the construction site is kept free of debris and waste as not to create a nuisance to other property owners.

No more than one dwelling shall be permitted on each lot. There will be no exposed concrete block on the house, outbuildings or retaining walls. Exterior materials shall be either brick, stone, stucco, wood siding or other approved material.

Exterior materials specification and/or samples or photographs shall be submitted with plans. All roofs shall be at a minimum of 8/12 pitch.

All roofs shall be what is described as a dimensional shingle or better to be approved by the Developer. Porch roofs or other minor accent roofs may have a lesser pitch if approved by the Developer.

Any outbuilding must be approved by the Developer and be built to complement the residence in style, color, theme and materials. The location of said building must also be approved.

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*Special Note of approval guidelines not included in the covenants:

• Maximum Size 12 X 12

• No shed-type roofs.   Roofs are to have asphalt shingles

• Exterior materials and color to match the exterior of your home as close as possible

• In the event the building does not set flush with the ground, it shall be underpinned with an acceptable material for aesthetics and to prevent wildlife from establishing a home.

• Placement shall be in an area to the rear of the home within the area that would be identified by a direct line on each side of the home to the rear property line.

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Dwelling shall be set back at least 100 feet from the street right-of-way upon which dwelling shall face, at least 10 feet to any side line, at least 20 feet from any rear lot line and at least 30 feet to any side street line. No structures, including swimming pools, pool houses, outbuilding, outdoor fireplaces and children's playhouses of approximate ground level construction, shall be located on or nearer than 30 feet of any property line. For the purposes of this covenant, eaves, stoops, and open porches shall not be considered a part of the building, provided they shall not be constructed to permit any portion of the building on the lot to encroach upon another lot. No provision of these restrictions shall be construed to permit any structure to be built on any lot that does not conform to the zoning laws and regulations of Blount County. It shall be permissible for Developer to reduce any setback requirements if necessary. Said permission shall be in writing and shall be recorded in the Registrar's office in Blount County, Tennessee.

Prior to construction owners are required to meet any governmental agency requirements, including obtaining local health department permits.

Pool houses shall be permitted in connection with a swimming pool. A fence approved by developer must enclose all swimming pools and must meet all then existing governmental requirements. Above ground pools are not permitted.

No fence shall be erected or maintained nearer to the front lot line than rear elevation of the residence. All fence placement and materials must be approved in writing by Developer. The Developer must approve all mailbox material and design in writing.

The Developer must approve all exterior lighting in writing, and lights shall be constructed or placed in such a way as to not focus an undue amount of light on adjoining or nearby landowners.

4. MINIMUM DWELLING SIZES:   Any dwelling erected upon any lot must meet the minimum square foot livable floor area as set forth below as to the respective classification: 

(A) One Story residence must be minimum of 2200 square feet not counting finished basement or garage.* 

(B) A 1-1/2 story, or other multi-level style with an attached double garage 2800 square feet with 1400 square feet minimum on main level not counting finished basements.

(C) A Two Story residence must be a minimum of 2800 square feet with 1600 square feet on main level not including finished basement or garages. No dwelling shall be erected or permitted to remain in this Subdivision unless it has the number of square feet of enclosed living area, exclusive of open porches, garages or basements as set forth in this paragraph. For the purposes of this paragraph, stated square footage shall remain the minimum floor area required, and floor area shall mean the finished and heated living area contained within the residence, exclusive of open porches, garages and basements.

No dwelling shall be erected or permitted to remain in this Subdivision unless it has the number of square feet of enclosed living area, exclusive of open porches, garages or basements as set forth in this paragraph. 

For the purposes of this paragraph, stated square footage shall remain the minimum floor area required, and floor area shall mean the finished and heated living area contained within the residence, exclusive of open porches, garages and basements.      

*Special Note of clarification not included in the covenants:  A second story bonus space does not count in the 2200 square foot minimum of a one story residence.  In addition, a second story bonus space would not cause the residence to be considered a 1-1/2 story.  

5. DRIVEWAYS:  Before any construction is begun, a temporary driveway shall be installed and said drive shall be crowned and have proper drainage so that overflow, if any, from the building site shall not flow upon the main road. After construction is completed, the driveway shall be concrete or better. Owners shall be responsible for any clean up or damage to public streets.

6. SUBDIVISION OF LOTS:  Before any construction is begun, a temporary driveway shall be installed and said drive shall be crowned and have proper drainage so that overflow, if any, from the building site shall not flow upon the main road. After construction is completed, the driveway shall be concrete or better. Owners shall be responsible for any clean up or damage to public streets.

7. UNDERGROUND UTILITIES:  
   (A) Lot owners shall have the responsibility to preserve and protect underground utilities. No utilities may be above ground, including, but not limited to electric, telephone, and cable TV. There shall be a ten foot easement for utilities at the border of each lot, except where two lots join, in which case there shall be a five foot easement over each lot, making the total easement ten foot. Any two (2) lots that are joined together to make one larger lot, the interior easement shall be eliminated. However, drainage easements may not be eliminated on interior lot lines.
   (B) Any Property owner whose portion of a lot has depression used for street drainage shall be responsible to properly install and maintain silt fencing to protect drainage area during construction. Only after ground cover or grass is established may protective fences be removed. The developer and or assigns reserves the right to enter property and repair any damage to drainage areas with the negligent property owner being responsible for the payment of any repairs.

8. SATELLITE DISHES:  Satellite dishes, other than those 30 inches or less, shall not be permitted, and allowable satellite dishes must be hidden from street view. No ham radio antennas, outside roof TV antennas, or other such electronic devices shall be permitted.

9. ANIMALS:  No animals except household pets shall be kept on said lots less than an acre in size and they shall not be kept or maintained for any commercial purposes and their behavior shall not be allowed to constitute a nuisance to other lot owners in the subdivision. Lots 1 acre or greater may maintain 1 horse per acre and construct a barn on said lot with written approval of the Developer.

10. NUISANCES:  No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done which may be, or may become, an annoyance or nuisance to the neighborhood. This would include parking of tractor-trailer trucks, or buses, or commercial vehicles, inoperative or abandoned automobiles anywhere on lots or on the street. Any motor home, travel trailer, boat or recreational vehicle must be housed in a garage or screened from view of streets. No vehicle shall be regularly parked overnight on any street. All building materials must be removed from the premises within 30 days after occupancy of dwelling. No outside clotheslines shall be erected or placed on any lot.

11. REFUSE CONTAINERS:  Garbage and refuse shall be placed in containers which shall be concealed and contained within a building or shall be concealed by means of a screening wall of material similar to, and compatible with, that of the residence on the lot or sufficient landscaping to provide a permanent screen at all times of the year. These elements shall be integrated with the building plan, be designed so as not to attract attention and shall be located in as reasonably inconspicuous manner as possible.

12. TERM:  Each and every one of the aforesaid covenants, conditions, and restrictions shall attach to and run with each and every lot of land; and all titles to, and estates therein, shall be subject thereto and the same shall be binding upon each and every owner of said lots until December 31, 2021, and shall be extended automatically to apply to each lot for successive periods of 10 years; unless by action of a minimum of Sixty-Seven (67%) percent of the then owners of lots, it is agreed to change said covenants and restrictions in whole or in part, provided that the instrument evidencing such action or changes must be in writing and shall be duly recorded in the Registrar's Office of Blount County, Tennessee. The Developer may amend these restrictions unilaterally at any time when he owns over 50 percent of the lots in the subdivision.

13. INVALIDATION:  In the event that for any reason, any one or more of the foregoing protective covenants and restrictions shall be construed by judgment or decree of any court of record to be invalid, such action shall in no way affect the other provisions nor the invalid provision as it may apply to differing circumstances, which shall remain in full force and effect. The owner hereby declares that said restrictions are not interdependent but severable, and any one would have been adopted even without the others.

14. MOWING FEES:  All unimproved lots shall be mowed monthly during growing season by the developer and or assigns, and a mowing fee of $225 per lot per year until house is completed and occupied. Mowing fee may be adjusted for local cost of living index, however shall not be changed for the first two years from date of this document. Mowing fees shall be due on or before the 1st day of March each year. Delinquent fees are subject to reasonable collection cost, attorney fees, 12% interest and 10% late charge. Mowing fees for the year of closing shall be prorated and paid at closing. Thereafter fees to be paid to the Developer and or assigns. Mowing fees shall become a lien on the subject lots, but said liens shall be subordinate to any mortgages obtained by the lot owners unless a lien for unpaid fees is recorded in the Registrar's Office for Blount County, Tennessee, prior to the recording of the mortgage.

15. ENFORCEMENT:  If the parties hereto, or any of them or their heirs or Assigns shall violate or attempt to violate any of the covenants herein; it shall be lawful for any person or persons owning real properly situated in said MAJESTIC MOUNTAINS Subdivision, to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants; and either enjoin him or them from so doing or to recover damages or any other dues for such violations. Incident thereto, the enforcing parties shall be entitled to a reasonable attorney's fees incurred in so doing, and the violator or violators shall also be liable for any such other and additional damages as may occur including, but not limited to, court costs.

16. WAIVER:  That for the purpose of property improvement as long as it retains record ownership of any lots in the subdivision, the Developer reserves the right to grant waivers from these restrictive covenants. Said waiver shall be conclusive proof that the waiver shall not materially affect the purpose sought thereby the Developer. Other owners of lots in the subdivision shall not be entitled to bring suit to enforce the compliances of the original restriction where a waiver has been given by the Developer, nor is any other entitled to damages from the developer for any waiver granted by him.

SECOND AMENDMENT TO DECLARATION OF RESTRICTIONS FOR 

MAJESTIC MOUNTAINS SUBDIVISION 

The undersigned Owners of at least two-thirds (2/3) of the Lots in Majestic Mountains Subdivision pursuant to the Original Declaration as defined below in paragraph 2, hereby amend the Original Declaration and Amended Declaration for Majestic Mountains Subdivision (hereinafter "MMS") as follows on this the 5  day of April , 2024 ("'Second Amendment"): 

WITNESSETH: 

THAT WHEREAS, Restrictive Covenants for MMS were recorded in Misc. Record Book 

196, Page 663 in the Register's Office for Blount County, Tennessee ("Original Declaration'"); and 

WHEREAS, an Amendment to the Declaration of Restrictions for Majestic Mountains Subdivision is subsequently recorded in Misc. Record Book 196, Page 744 in the Register's Office for Blount County, Tennessee (''Amended Declaration"); and 

WHEREAS, the Original Declaration provides in paragraph 2 that the restrictions shall run for a period of ten ( I 0) years and shall automatically renew unless the document signed by two­-thirds (2/3) of the Owners is recorded which modifies, amends, or revokes the covenants; and 

WHEREAS, the Amended Declaration adds to, but did not repeal or amend paragraph 2 of the Original Declaration. 

WHEREFORE, at least two-thirds (2/3) of Owners of Lots in MMS hereby amend the Original Declaration as amended by the Amended Declaration as follows: 

There shall be a new paragraph 17 which addresses short-term rentals and reads as follows:

17. Short-Term Rentals Prohibited. Short-Term Rentals of any structure or residence on any Lot is prohibited. Short-Term Rental is defined as a rental or lease with a term of less than One Hundred Eighty (180) days. This section is intended to prohibit the use of any Lot for rental through Airbnb, VRBO, or any and all competing or like entities or rental by individuals directly and all forms or types of Short-Term Rentals with or without a centralized marketing platform. Any Owner engaged in Short-Term Rental of a lot as of the date of recording of this Second Amendment shall be allowed to continue such use only until the expiration of the term of any such lease existing and fully executed in writing as of the date of the recording of this Second Amendment and no further. No lease term extensions are permitted. In order to ascertain the expiration date of any outstanding leases, any Owner who is leasing or has leased his or her Lot or any portion thereof for current or future Short-Term Rentals as of the date of recording of this Second Amendment shall provide a copy of the lease to the Association's Secretary within fifteen (15) days of the recording of this document. Only such leases as provided to the Secretary will be allowed to remain in effect. 

Enforcement of this paragraph 17 may, at the discretion of the Board, be sought by fining the Owner of the Lot in violation. Fines will be assessed pursuant to a reasonable fine schedule established by the Board and in accordance with the Board's fining policies. The ability of the Board to assess fines under this paragraph as an enforcement measure is in addition and supplemental to the other enforcement measures contained in the Declaration as amended. 

In witness WHEREOF, the undersigned have executed this Second Amendment as of the date first written above. 

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