Heritage Park Subdivision

Key facts from Heritage Park Subdivision's documents

Community type

HOA (Throughout)

Legal name

Heritage Park Homeowners Association, Inc. (Article I, Section 1.03)

Developer / declarant

Heritage Park Development Co., LLC (Preamble)

Governing law

Georgia Nonprofit Corporation Code (Article III, Section 3.01)

Assessments & dues

Maximum $20 per annum for 1998; thereafter may be increased by Board up to 10% + CPI-U increase per year without vote, or by 2/3 vote if higher (Article IV, Section 4.04(c))

Special assessments

Allowed for nonrecurring maintenance or capital improvements; requires approval of 2/3 of each class of Members present at a meeting with quorum (Article IV, Section 4.05(b))

Collections & liens

Continuing charge and lien on each Lot for unpaid assessments, fines, penalties, interest, and costs; lien is superior to all other encumbrances except taxes and first mortgages; personal obligation also (Article IV, Section 4.01(c)-(f))

Reserves & fees

Association may establish and maintain an adequate reserve fund for periodic maintenance, repair, and replacement of Common Property improvements (Article IV, Section 4.04(d))

Leasing & rentals

Yes, but subject to regulations; required lease provisions; tenants must comply; short-term rentals may be restricted (Article XI (Leases))

Parking & vehicles

Parking and related restrictions, inoperable vehicles, work/commercial vehicles likely regulated (Article VI, Section 6.14 (Parking and Re)

Fences

Subject to ACC approval; likely height and material restrictions (Article VI, Section 6.10)

Architectural approval

Yes, for any installation, construction, or alteration of any Structure on any Lot (Article V, Section 5.01)

Signs & flags

Regulated; one sign not exceeding a certain size may be permitted? Not explicitly stated, but subject to ACC approval (Article V, Section 5.01; Article VI, Sec)

Setbacks / home size

Regulated; minimum setback requirements for structures (Article VI, Section 6.09 (Setbacks))

Maintenance

Association maintains Common Property (including entrance monuments, walls, detention areas, lighting, paths, utility lines); Owners maintain their Lots and all improvements thereon, and also are responsible for adjacent sidewalks/curbs? No (Article III, Section 3.09; Article VI, S)

Use restrictions

Implicitly residential; specific restrictions on use and conduct (e.g., no nuisances, parking, animals) suggest residential (Article VI)

Voting & meetings

Two classes: Class A (one vote per Lot owned by non-Declarant), Class B (Declarant, 3 votes per Lot owned but at least total Class A votes plus one) (Article III, Section 3.03)

Amendments

Declarant may amend certain sections (e.g., to surrender control) unilaterally; Association amendments require vote of 2/3 of each class of Members, subject to mortgagee consent and other limitations (Article IX, Sections 9.02 and 9.03)

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