Brookhaven Walk Homeowners Association

Key facts from Brookhaven Walk Homeowners Association's documents

Reflects the 2016 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Mandatory membership homeowners association; not subject to Georgia Property Owners' Association Act (Below title on first page: 'THIS INSTRUM)

Legal name

Brookhaven Walk Homeowners Association, Inc. (Article 1.2: '"Association" means the Br)

Developer / declarant

FM BROOKHAVEN, LLC, a Georgia limited liability company (Preamble: 'THIS DECLARATION... is made o)

Governing law

Georgia Nonprofit Corporation Code (O.C.G.A. §14-3-101 et seq.) (Article 1.3: 'Board of Directors... unde)

Assessments & dues

Board prepares annual budget; budget and general assessment become effective unless disapproved by a majority of Total Association Vote and Declarant. (Article 4.3: 'It shall be the duty of th)

Special assessments

Allowed for unbudgeted expenses. After Declarant control ends, special assessment greater than annual assessment must be approved by two-thirds of Total Association Vote and Declarant. (Article 4.5: 'The Association may levy a)

Collections & liens

Unpaid assessments become a continuing lien on the Lot without further recording. Association may foreclose after 60 days delinquency. Lien subordinate to first mortgage only for assessments due after mortgage recorded. (Article 4.2 and 4.7 and 4.8)

Reserves & fees

Board may establish reserve funds as deemed proper (general assessments may include sums for reserves). (Article 4.4)

Pets

Yes, dogs, cats, and usual household pets in reasonable number as determined by Board. No livestock, poultry, or commercial breeding. (Article 7.5: 'No animals, livestock or p)

Leasing & rentals

Yes, leasing of Lot for residential occupancy is not considered a business. (Article 7.2: 'Leasing of a Lot for resid)

Parking & vehicles

Park only in garage or driveway (or designated areas). Garage doors kept closed except for ingress/egress. No commercial vehicles unless in garage. No unlicensed/inoperable vehicles >5 days. No 18-wheelers. No regular parking of RVs/boats/t (Article 7.4)

Fences

No fence without prior approval; chain link and barbed wire prohibited. Declarant/Association may erect fences on Common Property. (Article 7.15)

Architectural approval

Yes, for any exterior construction, alteration, or addition (including landscaping, staking, grading, painting, etc.), except interior remodeling, repainting to originally approved colors, rebuild per original plans, and activities of Decla (Article 6.1: 'No exterior construction, )

Solar & roof

Energy conservation equipment including solar panels must be approved as integral to architectural design. (Article 7.19)

Home business

Allowed with restrictions: not detectable from exterior, no increased traffic, conform to zoning, no nuisance, no door-to-door solicitation, etc. (Article 7.2: 'the Owner or Occupant resi)

Signs & flags

No signs without prior approval, except: for-sale/lease signs ≤18x18 inches, security signs, one 'life event' sign for up to 7 days, political signs in reasonable number for limited time as determined by Board. Board/Declarant may erect the (Article 7.3: 'No sign of any kind shall )

Maintenance

Association maintains Common Property, entry features, stormwater facilities, etc. Owner maintains Lot and all structures/landscaping on Lot except as assumed by Association. (Article 5.1, 5.2)

Insurance

Referenced in Article 8 (not fully excerpted). Association insures Common Property. (Article 8.1)

Use restrictions

Each Lot shall be used for residential purposes exclusively. Leasing for residential occupancy is not considered a business. (Article 7.2: 'Each Lot shall be used for)

Voting & meetings

One vote per Lot owned. More than one owner per Lot must determine how to cast the single vote. Voting rights may be suspended for unpaid assessments or infractions. (Article 3.2: 'Members shall be entitled )

Amendments

Not fully provided; Article 10.6 is referenced in table of contents but text not included. Amendment by supplementary declaration for annexation requires owner and Declarant consent (Article 2.2). Withdrawal of property by Declarant require (Articles 2.2, 2.3; Table of Contents: Ar)

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