Resources

Covenants

TO: ALL PROSPECTIVE BUYERS AT OCONEE RIVER PRESERVE:

RE:  Partial summary of Declaration of Covenants and Restrictions for Oconee River Preserve

The Declaration of Covenants and Restrictions for Oconee River Preserve is a very lengthy document written by attorneys for other attorneys to read and comprehend.  We understand this will be a laborious read though necessary if you purchase property in Oconee River Preserve.  In the interest of your time and in an effort to simplify matters, we will attempt to summarize the main items that would be most relevant and interesting to you.  THIS SUMMARY WILL NOT NEGATE THE NEED FOR YOU TO READ AND UNDERSTAND THIS DOCUMENT, but it will give you a point of beginning for conversation purposes.

What is the purpose of these Covenants when we are out in the country?

Even though Oconee River Preserve is not your typical “neighborhood” community, every property owner wants to be protected from “poor choices” that some of their neighbors might make.  Without Covenants and Restrictions, any property in this community could look like the worst property you might imagine.  Your property will be your dream home and no one wants other’s poor choices next to them.

Can I build a family compound on my estate lot?

The main arbiter of what is allowed on your property is Jackson County and it is regulated by the Planning and Development Department.  As it is our understanding of Jackson County’s rules and regulations, a house and a guest house are permitted on a typical lot in Oconee River Preserve.  A house may consist of two separate structures equally placed if they are connected by a breezeway.  A guest house is also permissible as long as it no greater in size than one half of the house structure(s) and is located behind the rear plane of the house.  The house size is dictated by the Covenants and a single-story house must have at least 2500 and a two story must have at least 3800 square feet of heated floor space.  All house plans and house placement(s) must be approved by the Declarant or the ACC.

What else am I allowed or not allowed to do on my estate lot?

Article VIII of the Covenants regulates the permissible uses of your property.  While the summary below is not a complete list of any and all subjects, it is a good starting point.

8.1 states that every property is to be used for a house, not a business use open to the public.  Home based businesses are allowed provided they are operated inside the house without signage and public visitation.

8.3 requires the owner to limit vehicles to a reasonable number and they must be parked in the garage or in the rear yard and properly screened.  Smaller commercial vehicles, boats, campers, R/V’s, small farm tractors and the like are also permitted provided they are also parked in the rear of the house and properly screened.  Large commercial vehicles are prohibited altogether. Camping is permitted on a limited basis in both completed lots and on empty lots with ACC or Declarant approval.

8.4 allows domestic animals, horses and chickens but precludes farm animals such as cows, pigs, and sheep.  Dogs must be kept on a leash or in an approved, properly fenced area.  Cats are on their own 😊

8.5 thru 8.7 require all single-story houses to be 2500 and two-story houses to be 3800 square feet of heated floor space.  The fronts are to be made of at least 50% brick or stone and the balance is to be a concrete siding product.  The rear and sides are to be made up of the same products but there is no minimum percentage required.  Vinyl siding is prohibited and garages must be side entry unless approved by the Declarant or the ACC.

8.8 dictates the type of fences that are allowed and where they can be placed.  Uniformity and protecting your neighbor’s view are the primary concerns.

8.9 and 8.10 require that play structures and accessory buildings (sheds, coops, barns, garages, storage buildings, green houses, and the like) must be located in the rear of the property, made of similar products and colors, properly screened if necessary, and approved by the Declarant or the ACC.   If required, Jackson County building codes and requirements are to be followed as well.

8.12 through 8.15 states that you cannot occupy a house without a Certificate of Occupancy.  Landscaping changes, tree removal in a buffered zone, and satellite dish placement must receive Declarant or ACC approval before starting the project.

8.18 regulates nuisance and noise issues and provides remedies if they occur.

8.19 through 8.29 deal with common sense issues that are not reiterated here.

Can I lease my property?

It is understood that occasionally, it is necessary to lease a residence out for a period of time.  Leases are allowed but they must be greater than one-year.  Short term leases, Airbnb, VRBO, HomeAway, or similar services, are expressly prohibited.  Copies of the lease must be provided to the ACC in advance and the tenants must agree to abide by and follow all rules of the Covenants.

Will I have to pay HOA dues?

All lots will be subject to HOA dues for the operating expenses of the HOA and maintenance of common areas, if any.  The initial “guestimate” for every lot is about $200 per year.  Lots 3 through 11 will be subject to an additional amount for the maintenance of the private road to be built.  That amount is TBD.

What is the deal with the Easement restrictions and the buffer protections?

The reason that Oconee River Preserve was created was to protect the Middle Oconee River, Redstone Creek, it’s tributaries, and their buffers.  Developers and others want to penetrate that space for personal gain, but by dividing it and sharing it with like-minded people, we can prevent this advance into pristine areas.  Creeks and rivers are only created once, we want to make sure they are preserved for the next generation. 

THE ABOVE IS A SELECT SUMMARY OF THE RESTRICTIVE COVENANTS OF OCONEE RIVER PRESERVE.  IT IS NOT A SUBSTITUTE FOR READING AND UNDERSTANDING THE ENTIRE DOCUMENT.  If you have any questions about anything therein, please feel free to ask.  We thank you for your time and patience.