Briar Branch

Key facts from Briar Branch's documents

Reflects the 1993 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

Covenant / Planned Community

Legal name

Brier Branch Association, Inc.

Governing law

Tennessee Nonprofit Corporation Act (Article II Section 1 (citing Section 48-)

Assessments & dues

Board adopts annual budget setting common expenses; each owner pays 1/12 of owner's percentage interest multiplied by total common expenses monthly; percentage interest = 1 divided by number of lots (By-Laws Article V Sections 1, 2)

Special assessments

Board may levy supplemental assessment if budget insufficient or for non-recurring expenses; also may levy special assessment on defaulting owner for maintenance/repair costs incurred by Board (By-Laws Article V Section 5; Declaration)

Collections & liens

Automatic lien on lot for unpaid common expenses, late fee, and interest after 10 days from due date; Board may record notice; if unpaid 20 days after due (excluding grace period), Board may accelerate all common expenses for fiscal year; l (Declaration Article III Section 2)

Reserves & fees

Annual budget shall provide for a reserve for contingencies and a reserve for replacements in reasonable amounts as determined by Board (By-Laws Article V Section 1)

Pets

Yes, but no commercial purpose; must follow Board rules and not constitute unreasonable annoyance or disturbance (Article IV Section 2)

Architectural approval

Board approval required for: antennas/dish, fences/walls, temporary structures (except for construction), and any alteration on common elements (Article IV Section 1(5), (8), (9); Artic)

Signs & flags

Only customary signs of Developer during sales period; no general sign restrictions for owners, but antennas/dish subject to Board approval (Article VIII Section 3; Article IV Secti)

Maintenance

Owner responsible for all maintenance, repairs, replacements within their lot and improvements; Association responsible for common elements (costs part of common expenses); Board may repair lot if owner fails and levy special assessment (Article V Sections 1, 2)

Insurance

Board shall obtain adequate and appropriate kinds of insurance (By-Laws Article II Section 10(h))

Use restrictions

Each lot and improvements shall be used solely as a single family residence and for no other purpose (Article IV Section 1(a))

Voting & meetings

Each lot has one vote; owners of multiple lots have multiple votes; if multiple owners, they must designate one vote; proxy allowed; Association cannot vote on lots it owns; certain matters require 75% approval of total undivided ownership (By-Laws Article I Section 5)

Amendments

By recorded amendment in Registrar's Office of Sequatchie County; requires Developer consent until 7 years after recording or until Developer ceases development or completes expansion; amendment to lien provisions requires prior written con (Article VI; Declaration Article III Sect)

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