Morningside West

Key facts from Morningside West's documents

Reflects the 1994 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

single-family residential homeowners association (Art. VII, Sec. 1)

Legal name

MORNINGSIDE WEST HOMEOWNERS ASSOCIATION, INC.

Developer / declarant

ROBINSON & SONS, INC.

Governing law

Georgia non-profit corporation law (reference to incorporation under laws of Georgia) (Wherefore clause)

Assessments & dues

Maximum $300 per lot until January 1 after first lot conveyance (Art. V, Sec. 3)

Special assessments

May be levied for capital improvements with assent of 2/3 of votes entitled to be cast at a meeting called for that purpose (Art. V, Sec. 4)

Collections & liens

Unpaid assessment becomes a lien on the lot; Association may bring action at law or foreclose lien. Lien subordinate to first mortgage. Mortgage foreclosure extinguishes liens for prior dues. (Art. V, Sec. 1, Sec. 8, Sec. 9)

Pets

Yes, as household pets only, not for commercial purposes. No animal allowed to become a nuisance. (Art. VII, Sec. 11)

Leasing & rentals

Yes, owners may delegate use to tenants (Art. III Sec. 2) and signs include 'For Rent' sign. No other leasing restrictions. (Art. III, Sec. 2; Art. VII, Sec. 5)

Parking & vehicles

Prohibited (Art. VII, Sec. 7 (last sentence))

Fences

Declarant may construct chain link fences around tennis courts on Common Area. No chain link or cyclone fences in any front yard. All fences require ARC approval. (Art. VII, Sec. 6)

Architectural approval

Yes, for any construction, placement, addition, or alteration of any Structure on a Lot. Plans and specifications must be submitted to Architectural Control Committee (Art. II, Sec. 1(b))

Use restrictions

All lots restricted exclusively to single-family residential use except Declarant and builders may use lots for development/sale business (Art. VII, Sec. 1)

Voting & meetings

Two classes: Class A (each Owner, one vote per lot) and Class B (Declarant, five votes per lot); Class B may assign votes by contract (Art. IV, Sec. 2)

Amendments

May be amended by 2/3 vote of votes entitled to be cast; or by 75% vote if Declarant also signs (if Declarant still owns property). While Class B exists, certain amendments require FHA/VA approval. No amendment can alter rights of mortgage (Art. VIII, Sec. 7)

Extracted from the recorded governing documents and cited to them; may be incomplete and is not legal advice — verify against the official documents below.