Abbington Subdivision Welcomes You

Abbington Subdivision at a Glance

A Bit of Background

 Abbington was developed in 1994 by JMC Development under President Joey Tidwell.  On October 31, 1994, protective covenants were filed at the Paulding County Court House which are legal and binding to all homeowners of Abbington and an HOA was formed.  This site is to clarify some misunderstandings about the HOA and our covenants.

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The purpose of the HOA....

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The HOA was established to oversee the maintenance of the entrance and common grounds.  It was also set up to enforce the covenants filed with Paulding County as were in place at the time of purchase of all out homes.   The maintenance fees are solely used to maintain the costs incurred to maintain the entrance.  We all benefit from the common grounds at the entrance, the lighting and signage, both in the aesthetics and security that comes from a lighted entry as well as lawn, trees, shrubbery, and flower beds. It is crucial we have residents pay these yearly fees to maintain the entrance.  These maintenance fees are not mandatory.  This causes some confusion during selling and purchasing of homes in Abbington.  The covenants, however, are mandatory and are detailed below.

Abbington's Mandatory Covenants

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The covenants are recorded in Deed Book 419, Page 230 of the Paulding Couty Deed Records and are legally binding for ALL homeowners and rental properties in Abbington regardless whether you choose to belong to the HOA.  Due to the fact the maintenance fees are not mandatory, many realtors do not provide the HOA or covenant information during home closings. If you would like a copy of the original documents, please send a request to the HOA email.  Abbingtonhoa@hotmail.com

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The mandatory covenants are as follows:

This declaration of protective covenants and restrictions made and published this 31st day of October, 1994, by JMC Development, INC. applicable to Abbington.

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1.  The protective covenants an restrictions set forth herein shall apply to the property described above and shall be covenants running with the land and shall be binding on all parties, persons or entities owning a lot or lots in the property described above.

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2.  All lots in the subdivision shall be known and described as residential lots and shall be used for residential purposes only.  No structure shall be created, altered placed or permitted to remain o any lot other than one detached, single family dwelling.  No lot shall be used for a church, school, kindergarten, beauty shop or any commercial purposes.

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3.  No lot shall be resubdivided nor shall more than one house be erected on any lot.

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4.  No mobile home or modular home shall be placed or erected on any lot of hte subdivision.  A mobile home is a detached single family dwelling unity built on a chassis and designed for long term occupancy, containing sleeping and living area, a flush toilet, and tub or shower bath, and kitchen facilities equipped with plumbing and electrical connections and designed for transportation after fabricated on street or highways on its own wheels or on detachable wheels, arriving at the site as a complete dwelling unity and ready for occupancy after minor incidental unpacking, assembly operations on jacks or other temporary or permanent foundation, or the connecting of two units together (referred to as a double wide), connection to utilities and the like.  Removal of he wheels and placement on a foundation does not change its classification.  

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5.  No trailer, tent, shack, storage building, or other outbuilding shall be placed or erected on any lot in the subdivision not shall any structure of a temporary character be placed on any lot in the subdivision.

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6.  Any owner of a lot in this subdivision my enforce the covenants and restrictions by proceeding at law or in equity against any person or persons or entity violating or attempting to violate any covenant or restriction either by seeking to restrain such violation or seeking damages.

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7.  No animal, livestock, poultry, birds of any kind shall be raised, bred or kept on any lot in this subdivision except for dogs, cats and other household pets may be kept provided they are not bred or maintained for any commercial purposes.

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8.  No junk cars or junk vehicles of any kind shall be allowed to remain on any lot or street in the subdivision.  No resident or member of the household shall regularly park a vehicle on the street right-of-way.

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9.  All houses constructed on any lot in the subdivision shall be placed on the lot with a minimum set back line as shown on the subdivision survey from the street or road in front of the house.

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10.  The invalidation of any one of these covenants or restrictions by judgement or court order shall in no way affect any of the other provisions provided here under which shall remain in full force and effect.

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11.  The lots are subject to the easements and building set-back lines as shown on the plat of said subdivision.  All subdivision lots are subject to the present location of any branch, stream or creek crossing any such lots, notwithstanding that the developer hereunder shall have the right, but not the obligation to relocate said branch, stream or creek.

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12.  The restrictions and covenants set forth herein shall not limited or prohibit the developer, its successors or assigns, from using a lot or lots as  road, street, or driveway to other property.  Provided that any owner of a lot, other than the original developer herein, shall obtain the written permission of developer herein before any lot may be used as a street, driveway or road to any other property.  Such written consent is in the sole discretion of the developer herein and may be ranted upon such terms as developer herein deems appropriate.

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13.  All plans for structures to be erected on said lot shall be submitted to Architectural Control Committee for approval or disapproval within thirty days from date submitted, then same shall be considered approved by default.  Before any house may be occupied, it must be completely finished on the exterior in accordance with said plans.  All of the yard which is visible from any street must be planted with grass or have other suitable ground cover.  Mailbox and supporting structure shall be complete and the design shall harmonize with adjacent buildings as approved by the ACC.  Builder shall submit to ACC tor approval all exterior colors and room elevations.

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14.  The ACC shall be Joey Tidwell and Melise Tidwell.  The committee may designate a representative to act for it.  In the event of resignation of ny member of the committee, the remaining members shall have full authority to designate a successor.  neither the members of the committee, nor its designated representative, shall e entitled to any compensation for services performed pursuant to this covenant.  At the time that all lots are sold and residences are constructed thereon, the ten record owners of a majority of the lots shall have the power, through a duty recorded written instrument, to change the membership of the committee or to withdraw from the committee or restore to it any of its powers and duties.  All plans which are required to be submitted to the approved by the said committee must receive a majority vote for approval.

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15.  No fences shall be located in the front yard of any lots.  Any fences located in the back yard of any lots shall be limited to decorative picket or split rail or chain link or privacy and shall be no higher than 72 inches from the ground.  All other fences shall e prohibited on any lot of he subdivision.

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16.  No automobile which is being repaired or stored shall be left in the font yard or any driveway or on any street.

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17.  No recreational vehicle or motor home, or boat may e stored on any front yard, driveway or on the street, this also includes tractor-trailers and buses and trucks over 30 feet in length.

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18.  No trash disposal unity may be visible from the street.  No garbage cans, receptacles, refuse containers or trash disposal unit may be utilized in the subdivision except those which hae been approved by the ACC.  No private garbage collection service or sanitation service may be contracted with for garbage or refuse pick-up except those private services or companies or individuals which have been approved in advance by the ACC.

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19.  All mail box posts mush be single post of cedar or treated lumber. 

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20.  All front driveways or front driveway extensions must be poured concrete.

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21.  Any dwelling on any lot in Abbington, Phase one shall have a minimum of 1400 square feet of heated floor space.  The heated square footage mentioned above is exclusive of areas contained in open porches, carports, garages, basements and refers to heated living area.

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22.  The visible exterior of any concrete blocks shall have an exterior finish or rock, brick stucco, or similar covering or shall be painted.

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23.  Each owner shall keep his lot and the structure thereon in good repair and order including but not limited to the seeding, watering and mowing of all lots, the pruning and cutting of all trees and shrubbery and the painting or other appropriate external care needed for the proper maintenance of his home.  All care shall be maintained at such frequency as is consistent with good property management.  Upon failure of owner to comply with this paragraph after written notice to do so, Developer or ACC (or representative) may enter on the lot of owner and maintain said lot as per this paragraph at owner's expense, and owner shall reimburse developer or ACC for the expense of same.

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24.  No satellite dishes or similar structure shall e allowed in this subdivision.

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25.  These covenants may be amended by developer, JMC Development, Inc. so long as developer owns any lot in said subdivision.  Thereafter, these covenants may be amended by majority vote of the owners of lots in the subdivision.

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26.  No sign of any kind shall be displayed to the public view on any lot unless it has prior approval by eht ACC.  Upon failure to remove a sign after notification from the ACC, the committee or its designee may enter the lot of owner and remove said sign at owner's expense.  

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First Amendment to Protective Covenants

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The declaration of protective covenants and restrictions made and published on the 31st day of October, 1994, and recorded in Deed Book 419, page 230 of the Paulding County Deed Records is hereby amended as follows:

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1.  The protective covenants and restrictions will allow satellite dish no larger than 18 inches and must be mounted on or rear of house.  No outside antennas of any kind shall be allowed.

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2.  No above ground swimming pools, with greater than 24 inches depth shall be allowed.

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3.  Any dewlling on any lot in Abbington shall be amended to have a minimum of 16000 square feet of heated floor space.