Hamilton Mill Community Association HOA

Key facts from Hamilton Mill Community Association HOA's documents

Reflects the 1995 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Single-family residential planned community (HOA) (Definition of 'Unit' in Section 1.27: 'a)

Developer / declarant

SMG Development Associates, L.P., a Georgia limited partnership (Declaration opening paragraph)

Governing law

Georgia Nonprofit Corporation Code (implied by reference to Articles of Incorporation and corporate form) (Articles of Incorporation reference in S)

Assessments & dues

Board prepares annual budget of Common Expenses including reserves; General Assessment levied equally against all Units; budget and assessment effective unless disapproved by Members holding at least 75% of Class A votes and Class B Member. (Section 8.3)

Special assessments

Allowed for unbudgeted or excess expenses; if aggregate Special Assessments in fiscal year do not exceed General Assessment then Board may levy without membership approval; if exceed, requires affirmative vote of at least 67% of votes of Un (Section 8.5)

Collections & liens

Association has lien on each Unit for delinquent assessments, interest, late charges, costs, attorneys fees; lien superior except to tax liens and first mortgages of record; may be enforced by suit, judgment, and judicial foreclosure; Assoc (Section 8.7)

Reserves & fees

Board shall annually prepare reserve budgets for replaceable assets, expected life, repair/replacement cost; capital contribution set as part of General Assessment. (Section 8.4)

Architectural approval

Yes. No structure or exterior improvement (including staking, clearing, excavation, grading, exterior alteration, planting/removal of landscaping) without approval of New Construction Committee (original construction) or Maintenance Committ (Section 9.1, 9.2)

Maintenance

Owner responsibility (part of Unit). (Section 5.2)

Insurance

Deductible treated as Common Expense; if loss due to Owner negligence, Board may specifically assess deductible against that Owner. (Section 6.1(b) second paragraph)

Use restrictions

Yes; Unit defined as residence for single family. (Section 1.27)

Voting & meetings

Two classes: Class A (all Owners except Class B) – one vote per Unit; Class B (Declarant) – rights to appoint majority of Board during Class B Control Period; voting rights exercised per Unit; co-owners must agree on vote exercise. (Section 3.3 (a), (b), (c))

Amendments

Article XV (not fully provided); Section 15.2 referenced but not included; also Article VII provides for amendment restrictions on certain articles. (Sections 7.5, 15.2)

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