Heritage Pointe Subdivision Homeowners Association

Key facts from Heritage Pointe Subdivision Homeowners Association's documents

Reflects the 2020 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Covenant / Planned Community

Legal name

The Community at Heritage Pointe

Developer / declarant

Dryden Enterprises, Inc.

Governing law

Not subject to Georgia Condominium Act (O.C.G.A. § 44-3-70 et seq.) nor Georgia Property Owners' Association Act (O.C.G.A. § 44-3-220 et seq.) (Page 6: 'This instrument does not and is)

Assessments & dues

Board prepares budget at least 30 days before fiscal year; General Assessment set at uniform rate; effective unless disapproved by 67% of Class A Members and Class B Member within 10 days of notice. (Section 8.03, pp. 23-24)

Special assessments

May be levied to cover unbudgeted expenses; if exceeds General Assessment amount in fiscal year, requires majority of total Class A votes and Class B Member consent; payable as Board determines. (Section 8.05, p. 24)

Collections & liens

Delinquent assessments (including interest, late charges, costs, attorneys fees) constitute a lien on each Lot, superior except taxes and first mortgage. May be foreclosed in same manner as mortgages. Association may bid at sale. (Section 8.07, pp. 24-25)

Reserves & fees

Board may prepare reserve budget and include capital contribution in Common Expense budget; establishment is not mandatory. (Section 8.04, p. 23)

Pets

Section 10.14 titled 'Animals and Pets' but text not provided; pets likely allowed subject to rules. (Table of Contents p. 3 and Section 10.14)

Leasing & rentals

Impliedly allowed: Section 2.01 states Owner may extend use to lessees; Section 2.01 also says Owner leasing Lot shall be deemed to assign use rights to lessee and Owner remains responsible for assessments. (Section 2.01, pp. 6-7)

Signs & flags

Section 10.16 titled 'Signs' but text not provided; restrictions likely apply. (Table of Contents p. 3 and Section 10.16)

Maintenance

Owner (as part of Lot maintenance). (Section 5.02 (Owner maintains structures)

Insurance

Deductible treated as Common Expense, but if loss is due to negligence or willful misconduct of Owner/family/guest/invitee/tenant, Board may levy Specific Assessment of full deductible against that Owner. (Section 6.01(a), p. 17)

Use restrictions

Defined to include usage that: annoys/disturbs other Lot or contiguous land; violates law; violates Declaration; emits dust/fumes/odors; emits objectionable vibration/noise as determined by ARC. (Section 1.01 'Nuisance', pp. 4-5)

Voting & meetings

Two classes: Class A (Owners, one vote per Lot) and Class B (Declarant). Co-owners share one vote; vote suspended if multiple claim. Class B may appoint board until conditions met. (Section 3.02, pp. 9-10)

Amendments

Article XIV Section 14.02 titled 'Amendment' but text not fully provided; requires vote? Not confirmed. Article VII Section 7.05 states Article VII not amendable during Development Period without Declarant consent. (Table of Contents p. 4 and Section 7.05,)

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