Summary of Proposed Covenant Changes
Summary of Proposed Covenant Changes April 2015 The following is a summary of the proposed changes to the Covenants: Article I Section 6: “Lot” was defined and capitalized throughout document. This was not in the original 2007 document. Article II Section 1 A: line 1- the word (“Committee”) was changed to the abbreviation ACC and used throughout the remainder of the document. This was suggested to avoid confusion with any other committee which may be referenced. Last sentence of paragraph was added to link non-payment of fees/fines to loss of privileges for the Common Areas. Article II Section 1 B I,ii,iii.: This section, which was previously one paragraph was broken down into i with section ii being added to reduce the burden on the homeowner and ACC when performing routine maintenance or re-painting their home the same color. In Section 1B ii page 4 line 9, the application submission date was changed from 40 days to 30 days to reduce the burden to the homeowner by reducing the length of time required between submission of the application and potential start of project. Article II Section C, paragraph 2, 3, and 5: first line of paragraph 2, 40 days was changed to 30 days to shorten the time a homeowner has to submit application before work can commence was the application is approved. End of first line- the word Written was added. “Notice of Completeness” changed to “Notice” to avoid confusion if application is not complete. Paragraph 2 line 5 30 days previously 40, same explanation. Last sentence of paragraph 2 was previously 2 sentences in 2007 version. Sentence was simplified but intent not changed. Paragraph 3: This paragraph is new a gives the ACC an additional 30 days to approve or disapprove the re-submitted application. Paragraph 5 page 5 last sentence- added to link nonpayment of fees/fines to loss of privileges for the Common Areas Article IV Section 2: line 4-This date was previously May 31 but is being changed to May 1 to make dues payable prior to the pool opening which is typically in the middle of May. This prevents non-paying members from using the pool without payment. Page 7, line 2- This sentence was added to provide a 2 week grace period to pay dues. Article IV Section 2 A: This is being added to the original information- “Every Owner or lawful tenants and their respective family members and invited guests agree to abide by pool rules and/or direction given by the Pool Monitor and/or lifeguard. Failure to follow pool rules or direction by Pool Monitor and/or may result in expulsion from use of the pool and pool area for the remainder of the calendar day and any additional time period determined by the Pool Monitor and Board.” This has been added to due to increasing issues of safety and disrespectfulness experienced by the Pool Monitors who are hired and paid by the Board with association dues. Article IV Section 2 B: “Owner will remove pet waste” – self explanatory Page 1 of 3 Article IV Section 2 C- Moved original parking information from here to Article VIII Section 10 F to keep all individual lot information together. The information here now is from Article VIII Section 10 F in order to have all Common Area information together. No language was changed. Article V Section 8- 31st day changed to 16th day for accruing of interest of non-payment of assessments. Section 11- May 31st changed to May 1 to limit non-paying homeowners from having access to the pool since it typically opens prior to May 31st. Article VIII Section 2- changed the word “servants” to “employees”. Article VIII: Section 3 A-added to link non-payment of fees/fines to loss of privileges for the Common Area. Section 3 C- new section added regarding lawn height, care of hedges/ shrubs, and debris on roof. Section 6-section links approval for fences to the ACC approval process. Section 6 G- wording was clarified to read that fences can’t be on property lines unless both Owners consent. If they consent then there is no need to refer to Cobb County Ordinances. Section 6 H- wording changed to exclude fences. Other man-made barriers may exceed not exceed 8 feet and fences are limited to 6 feet. Section 6 J- Sentence added that homeowner loses access to Common Areas for failure to pay fines. Section 8- clarified definition of Recreational Equipment to include playscapes, swing sets, and trampolines and to place behind the home whenever possible. Sentence added- “Prior to its installation on any Lot, any Recreational Equipment which can be viewed from the road, must be approved by the ACC in accord with Article II of this Declaration.” Section 9- first sentence language added to require the ACC to approve detached structures so to avoid any problems with out-buildings, etc. Changed language of sentence on line 6 & 7 of paragraph to state the accessory structure could be placed on lot in other area beside directly behind home but placement must be approved by the ACC. Section 10 C- mailbox language added stating homeowner must repair or replace the mailbox with one that resembles the ones installed in 2005 and it must be approved by the ACC to ensure consistency in style. Section 10 E- added ACC approval for water barrels. Article VIII Section 10 F: removed last half of sentence regarding needing Board permission to park on street overnight. Added- “No double parking is permitted at any time. If overnight parking is needed for special occasion or temporary overflow, the car must be parked in the direction of travel, in front of the appropriate home, along the curb and not obstruct the flow of traffic or block a driveway.” This information was originally in Article IV Section 2 C. Article VIII Section 13: The last sentence was added to the last paragraph to indicate not picking up pet waste shall be considered a nuisance. Article IX Sections 8 & 9- New sections. Section 8. Failure of Enforcement: In the event that the Association shall fail to enforce the compliance with any of the provisions of this Declaration by the Owner of any Lot, then the Owner of any other Lot shall have the right to file an action in the Superior Court of the county where the Property is located for an order from such Court requiring that the Association enforce such compliance; provided, however, in no event shall the Board of Directors, or any officer of the Association, or any of their agents, be personally liable to anyone on account of their failure to enforce any of the terms, provisions or restrictions set forth in this Declaration. Page 2 of 3 This section is new. It allows Owners to require the Board to take action if another Owner is not acting in accord with the Declarations. The action would be to ask a Court to require the Association (the Board) to take action against the bad owner. Section 9. No Waivers: In no event shall the failure by the Association to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, provisions or agreements set forth in this Declaration be construed as a waiver or relinquishment of the future enforcement of any such term, covenant, condition, provision, or agreement. The acceptance of performance of anything required to be performed with knowledge of the breach of a term, covenant, condition, provision or agreement shall not be deemed a waiver of such breach, and no waiver by the Association of any term, covenant, condition, provision or agreement shall be deemed to have been made unless expressed in writing and signed by a duly authorized officer of the Association. This section is new. It allows the Board to enforce a covenant violation even if it happened previously but was not enforced, such as a parking violation. Page 3 of 3
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