The Harbour Subdivision Property Owners Association

Key facts from The Harbour Subdivision Property Owners Association's documents

Reflects the 2023 governing documents — figures and rules are as originally recorded and may have changed since.

Community type

HOA (Property Owners Association) (By-Laws title)

Legal name

The Harbour Subdivision, P.O.A., Inc. (By-Laws, Preamble)

Units / lots

Not explicitly stated; referenced as 'lots' in subdivision (By-Laws, Article I, Section 1)

Developer / declarant

Billy O. Proffitt, Alex Williams, William Hamilton (By-Laws, Article IV, Section 2, Paragrap)

Governing law

Tennessee Nonprofit Corporation Act (By-Laws, Article IV, Section 12)

Assessments & dues

Set annually by Board based on budget; each lot owner pays proportionate share (one share per lot). Developers exempt from assessments on unimproved lots until Dec. 31, 2003. (By-Laws, Article IV, Sections 1, 2)

Special assessments

Supplemental assessment allowed if budget is inadequate. Capital expenditures require approval of two-thirds (2/3) of all lot owners entitled to vote. (By-Laws, Article IV, Sections 5; Article)

Collections & liens

Unpaid assessments plus interest become a lien on the lot, subordinate to recorded deeds of trust. Association may enforce lien by suit, recover costs and attorney fees. (By-Laws, Article IV, Section 7)

Reserves & fees

Annual budget includes reserve for contingencies. Excess funds at year-end may be contributed to capital reserve, returned to owners, or applied to next year's budget. (By-Laws, Article IV, Sections 1, 4)

Pets

Not prohibited; construction workers may not bring pets into Harbour (ARC). (ARC Guidelines, Part Three, Section H.5)

Leasing & rentals

Yes, but with restrictions. Short-term vacation rentals prohibited (Court Ruling). (Common Area Use Regulations, Section 3; )

Parking & vehicles

Builder vehicles not left overnight on streets. Construction equipment may be left on lot if used within 3 days. (ARC Guidelines, Part Three, Section G.2,)

Fences

Fences must be complementary to residence, not constructed of chains, chain fabric or wire. Maximum height of boundary walls, hedges, shrubbery: 6 feet. (ARC Guidelines, Part One, STRUCTURAL MAT)

Architectural approval

Yes, for all buildings, walls, fences, and other structures. Also for exterior alterations, removal of significant native growth, and boat docks. (ARC Guidelines, Part Two, GENERAL A, B, )

Signs & flags

Builder may erect a sign no larger than five square feet during construction. Other signs not addressed. (ARC Guidelines, Part Three, Section L)

Setbacks / home size

Front setback: 40 feet (except lots 93-101: 40 ft from pavement; lots 37,38,39,85,8-12,16: 30 ft from pavement). Rear: 25 feet. Side: 12 feet. (ARC Guidelines, Part One, PLACEMENT OF R)

Maintenance

Association responsible for common element maintenance as per By-Laws. Owner responsible for lot improvements and damage caused by construction or lease. (By-Laws, Article II, Section 13(e); Comm)

Insurance

Builders must have general liability insurance. Not specified for owners. (ARC Guidelines, Part Three, GENERAL C)

Use restrictions

Yes. Lots limited to single-family residences. No manufactured housing, trailers, tents, etc. Short-term vacation rentals prohibited (Court Ruling). (ARC Guidelines, Part One, USE; Court Rul)

Voting & meetings

One (1) vote per lot. Cumulative voting not allowed. Lot owner in default on assessments cannot vote until cured. Proxy voting permitted. (By-Laws, Article I, Sections 7, 8, 9)

Amendments

By-Laws amended by two-thirds (2/3) of lot owners, each lot one vote. ARC Guidelines may be amended by ARC in consultation with Board and POA. (By-Laws, Article VI; ARC Guidelines, FUT)

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