Butler Creek HOA

Key facts from Butler Creek HOA's documents

Reflects the 2013 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Homeowners Association (HOA) - Single-family residential subdivision (Article I, Section 2: Association; Secti)

Legal name

Butler Creek

Developer / declarant

Polygon Properties, Inc.

Governing law

Georgia Property Owners' Association Act, O.C.G.A. §44-3-220 et seq. (Michie 1982) (First Amendment, Section 1 (adding Artic)

Assessments & dues

Board prepares budget with estimated Common Expenses; budget and annual assessments delivered to Owners; effective unless disapproved by Developer (if Class B exists) or majority of Owners voting at annual meeting (Article V, Section 3)

Special assessments

May be levied for capital improvements or if annual assessments inadequate; requires assent of 2/3 of Class A and Class B members voting (Article V, Section 4)

Collections & liens

Assessments are a continuing lien on the Lot; personal obligation of Owner; Association may foreclose like a mortgage; Owner grants power of sale; lien subordinate to first mortgages (Article V, Sections 1 and 8 (original); )

Reserves & fees

Board may include capital contribution to reserve account in budget; reserve fund may be established (Article V, Section 2 (purpose of assessm)

Pets

Only as household pets, not for commercial purposes; no animals to become a nuisance; any animal structure requires ARC approval (Article VIII, Section 18)

Leasing & rentals

Second Amendment adds Section 21 to Article VIII defining leasing; leasing allowed but defined as occupancy by non-owner and non-family; no explicit prohibition, but definition may regulate (Second Amendment, adding Article VIII, S)

Architectural approval

Committee must act within 45 days of receipt; failure to act within 45 days deemed approval (Article II, Section 7)

Home business

Permitted as ancillary business within dwelling if: not apparent from exterior, no employee/client visits, conforms to zoning, does not increase traffic or insurance, consistent with residential character; business defined broadly (First Amendment, Section 9 (amending Art)

Setbacks / home size

ARC may establish setback requirements more restrictive than those on Plat; no Structure shall be erected unless location consistent with such setbacks (Article VIII, Section 9)

Maintenance

Owner responsible for roof maintenance (Article VI, Section 2: 'painting, repairing, replacing and care for roofs') (Article VI, Section 2)

Insurance

Board shall obtain insurance policies upon Common Area as deemed necessary; named insured shall be Association (Article IX)

Use restrictions

All Lots restricted exclusively to single-family residential use; no commercial, business, or professional purpose (amended to allow limited ancillary home businesses under conditions) (Article VIII, Section 1 (original and as)

Voting & meetings

Two classes: Class A (all Owners except Developer) - one vote per Lot; Class B (Developer) - three votes per Lot until conversion events (Class A votes equal/exceed Class B, or 7 years from recording, or Developer discretion) (Article III, Section 2)

Amendments

Originally: Developer may amend unilaterally for compliance with law or to satisfy lenders; otherwise by 75% of Owners (with Developer consent if Developer owns property). Amended by First Amendment: 66-2/3% vote/consent of members; Board m (Article X, Section 7 (original and as am)

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