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)

Parking & vehicles

No trailer, trailer house, boat, or recreational vehicle may be parked on any Lot except on parking areas specified by ARC or within enclosures/screening approved by ARC (Article VIII, Section 14)

Fences

No fence or wall without prior written approval of Architectural Control Committee; no chain-link fence (Article VIII, Section 17(c) – 'no chain-link fence or fences of walls of any other material which the Committee determines incompatible (Article VIII, Section 10 and Section 17()

Architectural approval

No Structure may be commenced, erected, placed, moved onto, or altered in any way materially changing exterior appearance without prior written approval of Architectural Control Committee (Article II, Section 4)

Solar & roof

Apparatus relating to solar energy allowed, but location and design must be approved by ARC (Article VIII, Section 17(f) – 'other than apparatus relating to solar energy, the location and design of which must first be approved by the Archit (Article VIII, Section 17(f))

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)

Signs & flags

No signs without Architectural Control Committee approval except: signs required by legal proceedings, builder sign, one 'For Sale' or 'For Rent' sign not exceeding 4 sq ft, directional signs. 'For Sale' sign and builder sign must be remove (Article VIII, Section 8)

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.