CODE ENFORCEMENT POLICY Newport Homeowners' Association, Inc.
Pursuant to the Declaration of Covenants for Newport Homeowners' Association, the Board of Directors adopted the following code enforcement policy. This policy is being delivered to put all Owners on notice that, as of January 1, 2015, the following policies will be strictly enforced by the Association.
Inspections The Association will have all member residences within its boundaries inspected two times per week. The first inspection will be on Monday of each week for lawn maintenance compliance.
This inspection will also identify violations for trash/debris in yards and other violations that require immediate action. The inspector will provide photo documentation of yards not in compliance after notice expiration. The second inspection each week will be on rotating days Tuesday Saturday for other violations. One inspection each sixth week will be performed after hours for the purpose of documentation of violations such as oversize vehicles, parking on lawns, as well as common area items such as sign lights and street lights not functioning.
Notice Notice of violation will be mailed to the owner and/or tenant via regular mail. The notice shall state the violation, the section of the covenants transgressed, a time limit in which violation must be corrected and a phone number where any questions may be directed. Any lawn maintenance violation not corrected within the notice time frame will be forwarded to the Association's Landscape Contractor for correction. All cost associated with the maintenance shall become a special assessment on the property and will be due immediately. Other violations not corrected in the specified time frame will begin to accrue a $50.00 per day fine until the
intenance shall become a special assessment on the property and will be due immediately. Other violations not corrected in the specified time frame will begin to accrue a $50.00 per day fine until the violation is corrected and/or will be turned over to the Association's attorney for legal action.
Legal action will include a suit filed in Superior Court of Chatham County seeking a court order compelling compliance. All court cost and legal fees shall become a special assessment on the property.
Purchasing a home in a community association offers many advantages to the homeowner, but at the same time imposes some restrictions. These restrictions protect property values, insure aesthetic quality and preserve our natural amenities.
Should you have any questions regarding the code enforcement policy, please do not hesitate to contact the HOA Manager, Mike Yardman at 912-961-1544.
Thank you for your anticipated cooperation.
Sincerely, The Board of Directors BY-LAWS OF NEWPORT HOMEOWNERS ASSOCIATION, INC.
BY-LAWS OF NEWPORT HOMEOWNERS ASSOCIATION, INC.
ARTICLE I NAME AND LOCATION The name of the association is Newport Homeowners Association, Inc. (hereinafter referred to as the "Association"). The principal office of the Association (until otherwise designated by the Board) (as hereinafter defined) shall be located at 2680 Quacco Road, Pooler, Georgia 31322 but meetings of Members and directors may be held at such other places within the State of Georgia, as may be designated by the Board.
ARTICLE II DEFINITIONS Unless otherwise set forth herein, the terms used in these By-Laws shall have the same meanings ascribed to such terms as set forth in the Declaration of Covenants, Restrictions, and Easements for Newport Subdivision, dated as of July 1,2004 (the
sed in these By-Laws shall have the same meanings ascribed to such terms as set forth in the Declaration of Covenants, Restrictions, and Easements for Newport Subdivision, dated as of July 1,2004 (the "Declaration"), which has been executed by New City Development, LLC, a Georgia limited liability company, with respect to a community known as Newport, and is to be executed by a duly authorized officer of the Association, and is to be filed for record in the office of the Clerk of the Superior Court of Chatham County, Georgia, as such Declaration may be amended from time to time, and which Declaration is incorporated herein by reference. A copy of said Declaration, as the same may be amended from time to time, shall be attached hereto as Exhibit A.
3.1 ARTICLE III MEETINGS Annual Meeting of Members: The regular annual meeting of the Members shall be held not later than six (6) months past the end of the fiscal year of the Association, on a date (which is not a legal holiday) and at such place within the State of Georgia, as shall be designated in the call of meeting pursuant to Section 3.3 below. If no such date is designated, the annual meeting shall be held on the third Monday in March, if not a legal holiday, and if a legal holiday, then on the next business day succeeding. The Members shall at such annual meeting elect a Board for the ensuing 2 3.2 3.3 3.4 3.5 4.1 year, in the manner provided in Article IV hereof, and shall have authority to transact any and all business, which may be brought before such meeting.
Special Meeting of Members: Special meetings of Members shall be held at such place within the State of Georgia as shall be designated in the call of the meeting.
Special meetings may be called by the President at any time and must be called by
of Members shall be held at such place within the State of Georgia as shall be designated in the call of the meeting.
Special meetings may be called by the President at any time and must be called by the President when so requested in writing by any two (2) directors or by twenty-five (25%) percent of the Class A Membership.
Notice of Meetings: Written notice of the place, date, and time of every annual or special meeting of Members shall be mailed to each Member, at least fifteen (15) days before such meeting. Each Member shall register his address with the Association, and notices of meetings shall be mailed to him at such address, and if no such address has been registered, at the last-known address of the Member. If for a special meeting, such notice shall state the purposes or objects of the meeting. It shall not be necessary that notice of an annual meeting specify the business to be transacted at such meeting, but such notice shall specify the number of directors to be elected at such annual meeting.
Quorum: Unless otherwise provided in the Declaration, a quorum at any meeting of Members, whether annual or special, shall consist of the presence at such meeting, in person or by proxy, of Members entitled to cast one tenth (1/10) of the votes of each Class of Membership. Unless otherwise provided in the Articles of Incorporation of the Association, or in the Declaration, or in these By-Laws, a majority of the votes entitled to be cast by all Members present at a meeting shall be necessary and sufficient to decide and act upon any question which shall come before the meeting. No business shall be transacted at any meeting unless a quorum is present.
Voting: Voting rights of Members shall be as set forth in the Declaration. Where any
ion which shall come before the meeting. No business shall be transacted at any meeting unless a quorum is present.
Voting: Voting rights of Members shall be as set forth in the Declaration. Where any Member is a group or entity other than one individual person, the vote on behalf of such Member shall be exercised only by such individual person as shall be designated in a proxy instrument duly executed by or on behalf of such Member, and delivered to the Secretary of the Association.
ARTICLE IV DIRECTORS Number: The affairs of this Association shall be managed by an initial Board of one (1) director, who does not need to be a Member of the Association, and who shall be appointed and removed in accordance with Section 3.08 of the Declaration until the date specified in Section 3.08 of the Declaration. Once the control of the Association passes to the Class A Members as provided in the Declaration, the affairs of the Association shall be managed by a Board of not less than three (3) nor more than five 3 4.2 4.3 4.4 4.5 4.6 4.7 4.8 (5) directors, who need not be Members of the Association. Once the control of the Association passes to the Class A Members, the exact number of directors shall be determined, and may be changed from time to time, by a vote of the Members at any meeting of the Members at which a quorum is present.
Term of Office: At the first annual meeting after control of the Association has passed to the Class A Membership, the Members shall elect the directors to serve one (1) year terms. Thereafter, successor directors shall be elected for one (1) year terms.
All directors shall hold office until their successors have been elected.
Removal: Once the control of the Association passes to the Class A Members as
rectors shall be elected for one (1) year terms.
All directors shall hold office until their successors have been elected.
Removal: Once the control of the Association passes to the Class A Members as provided in the Declaration, any director may be removed from the Board, with or without cause, by a majority vote of the Members of the Association. In the event of the death, resignation, or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor.
Compensation: No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his reasonable actual expenses incurred in the performance of his duties.
Action Taken Without a Meeting: The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors.
Nomination: Nomination for elected members to the Board shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board prior to each annual meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting.
The Nominating Committee shall make as many nominations for election to the Board as it shall in its discretion determine, but not less than the number of vacancies
e announced at each annual meeting.
The Nominating Committee shall make as many nominations for election to the Board as it shall in its discretion determine, but not less than the number of vacancies that are to be filled.
Election: Election to the Board shall be by secret written ballot. At such election the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
Regular Meetings of Directors: Regular meetings of the Board shall be held quarterly without notice, at such place and hour as may be fixed from time to time 4 4.9 4.10 4.11 4.12 by resolution of the Board. Should such meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday.
Special Meetings of Directors: Special meetings of the Board shall be held at such place within the State of Georgia as shall be designated in the call of such meetings.
Special meetings of the Board may be called by the resident at any time in his discretion, and must be called by the President whenever so requested in writing by two (2) members of the Board.
Notice of Meetings: Notices of special meetings of the Board shall be given by the President or the Secretary to each member of the Board, not less than three (3) days before the time at which such meetings are to convene. Said notices may be given by telephone, or by any other form of written or verbal communication. It shall not be necessary for notices of special meetings of the Board to state the purposes or objects of the meetings. The Directors may waive notice of any meeting.
written or verbal communication. It shall not be necessary for notices of special meetings of the Board to state the purposes or objects of the meetings. The Directors may waive notice of any meeting.
Quorum: A quorum at any meeting of the Board shall consist of a majority of the members of the Board. Unless otherwise provided in the Articles of Incorporation of the Association, or in these By-Laws, or in the Declaration, a majority of those present at any meeting at which a quorum is present may decide all questions which may come before the meeting.
Powers: The Board shall have power to: (a) (b) (c) (d) (e) adopt and publish rules and regulations governing the use of the Common Property and facilities, and the personal conduct of the Members and their guests thereon, and establish penalties for the infraction thereof; suspend the voting rights and right to use of any recreational facilities of a Member during any period in which such Member shall be in default in the payment of any assessment levied by the Association; such rights may also be suspended after notice and hearing, for a period not to exceed sixty (60) days for infraction of published rules and regulations; exercise for the Association all powers, duties, and authority vested in or delegated to the Association and not reserved to the Membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration declare the office of a member of the Board to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board; and employ, retain, dismiss, and replace agents and employees to exercise and discharge the powers and responsibilities of the Association, the Board, and the officers of the Association, 5 4.13
oard; and employ, retain, dismiss, and replace agents and employees to exercise and discharge the powers and responsibilities of the Association, the Board, and the officers of the Association, 5 4.13 Duties: It shall be the duty of the Board to: (a) (b) (c) (d) (e) (f) cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by one fourth (1/4) of the Class A Members who are entitled to vote; supervise all officers, agents, and employees of the Association, and see that their duties are properly performed; as more fully provided in the Declaration: (1) (2) (3) fix the amount of the annual assessment against each Lot at least fifteen (15) days in advance of each annual assessment period; send written notice of each assessment to every Owner subject thereto at least fifteen (15) days in advance of each annual assessment period; and foreclose the lien against any property for which assessments are not paid within fifteen (15) days after due date or bring an action at law against the Owner or Owners personally obligated to pay the same; issue, or cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid; a reasonable charge may be made by the Board or the management company, employed by the Association for the issuance of these certificates; if a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; procure and maintain adequate insurance on property owned by the Association, as provided in Article XI of the Declaration; and
een paid, such certificate shall be conclusive evidence of such payment; procure and maintain adequate insurance on property owned by the Association, as provided in Article XI of the Declaration; and cause the Association to carry out all of its duties and obligations under the Declaration.
5.1 ARTICLE V OFFICERS AND THEIR DUTIES Enumeration of Officers: The officers of the Association shall be a President and a Vice-President, who shall at all times be members of the Board, a secretary, and a treasurer, and such other officers as the Board may from time to time by resolution create.
6 5.2 5.3 5.4 5.5 5.6 5.7 5.8 Election of Officers: The election of officers shall take place at the first meeting of the Board following each annual meeting of the Members.
Term: The officers of the Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or be removed, or otherwise be disqualified to serve.
Special Appointments: The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.
Resignation and Removal: Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time by giving written notice to the Board, the President, or the Secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Vacancies: A vacancy in any office may be filled by appointment by the Board. The
nd unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Vacancies: A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.
Multiple Offices: Before control of the Association has passed to the Class A Membership, the same person may hold more than one office and need not be a Member. After control of the Association has passed to the Class A Membership, no person shall simultaneously hold more than one office, except that the same person can hold the office of Secretary and Treasurer, and officers can also hold special offices created pursuant to Section 5.4 of this Article.
Duties: The duties of the officers are as follows: (a) (b) (c) President: The President shall preside at all meetings of the Members and of the Board; shall see that orders and resolutions of the Board are carried out; shall execute all leases, mortgages, deeds, promissory notes, and other written instruments on behalf of the Association.
Vice-President: The Vice-President shall act in the place and stead of the President in the event of his absence, or his inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.
Secretary: The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the Members; shall keep the corporate seal of the Association and affix it on all papers requiring said seal; shall serve notice of meetings of the Board and of the Members; shall keep 7 (d) appropriate current records showing the Members of the Association,
ion and affix it on all papers requiring said seal; shall serve notice of meetings of the Board and of the Members; shall keep 7 (d) appropriate current records showing the Members of the Association, together with their addresses; and shall perform such other duties as required by the Board.
Treasurer: The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board; shall sign all checks and promissory notes on behalf of the Association; shall keep proper books of account; shall, after control of the Association has passed to the Class A. Membership, cause an annual review of the Association books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the Membership at its regular annual meeting, and shall deliver a copy of each to the Members; provided, however, that any management company employed by the Association may be authorized to sign checks; without the signature of the Treasurer.
6.1 7.1 7.2 7.3 ARTICLE VI SEAL Corporate Seal: The corporate seal of the Association shall be in such form as the Board of Directors may determine from time to time. In the event it is inconvenient to use such a seal at anytime, the signature of the Association followed by the word "Corporate Seal" enclosed in parenthesis or scroll shall be deemed the seal of the Association. The seal shall be in the custody of the Secretary.
ARTICLE VII MISCELLANEOUS The Declaration: All provisions contained in the Declaration with regard to rights, powers, and duties of the Association, the Members thereof(including, without
e Secretary.
ARTICLE VII MISCELLANEOUS The Declaration: All provisions contained in the Declaration with regard to rights, powers, and duties of the Association, the Members thereof(including, without limitation, classes of Members and qualifications and rights of the members of each class), and the Board thereof, are hereby incorporated into these By-Laws by this reference, with the same effect as if such provisions were fully set forth herein.
Committees: The Association shall appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these ByLaws. In addition, the Board shall appoint other committees as deemed appropriate in carrying out its purposes.
Books and Records: The books and records of the Association shall at all times, during reasonable business hours, be open for inspection by any Member of the Association and any institutional holder, insurer or guarantor of a first mortgage.
8 7.4 7.5 7.6 7.7 7.8 7.9 Indemnification: The Association shall indemnify any person made a party to any action, suit, or proceeding, whether civil or criminal, by reason of the fact that he, his testator, or intestate, is or was a director, officer, or employee of the Association, against the reasonable expenses, including attorneys' fees, actually and reasonably incurred by him in connection with the defense of the action, suit, or proceeding or in connection with any appeal in it. This right of indemnification shall not apply in relation to matters as to which the director, officer, or employee shall be adjudged in the action, suit, or proceeding to be liable for negligence or misconduct in the performance of any duty to the Association. The right to indemnification conferred
er, or employee shall be adjudged in the action, suit, or proceeding to be liable for negligence or misconduct in the performance of any duty to the Association. The right to indemnification conferred by this Section shall not restrict the power of the Association to make any other indemnification permitted by law.
Fiscal Year: The fiscal year of the Association shall be determined by resolution of the Board. In the absence of such a resolution, the fiscal year shall be the calendar year.
Parliamentary Rules: Robert's Rules of Order (current edition) shall govern the conduct of all Association proceedings, when not in conflict with Georgia law, the Articles of Incorporation, the Declaration, these By-Laws, or a ruling made by the person presiding over the proceeding.
Conflicts: If there are conflicts or inconsistencies between the provisions of Georgia law, the Declaration, the Articles of Incorporation, or these By-Laws, then the provisions of Georgia law, the Declaration, the Articles of Incorporation, and these By-Laws (in that order) shall prevail.
Notices: Unless otherwise specified in the Declaration or these By-Laws, all notices, demands, bills, statements, or other communications required or permitted to be sent under the Declaration or these By-Laws shall be in writing and shall be deemed to have been duly given if delivered personally or if sent by first class mail, postage prepaid: (a) (b) if to a Member, at the address which the Member has registered in writing and filed with the Secretary or, if no such address has been registered, at the last-known address of the Member; or if to the Association, the Board, or the managing agent, at the principal office of the Association or the managing agent, if any, or at such other address as
the last-known address of the Member; or if to the Association, the Board, or the managing agent, at the principal office of the Association or the managing agent, if any, or at such other address as shall be designated by notice in writing to the Members.
If there are multiple Owners of a single piece of property, notice to one (1) shall be deemed to be notice to all.
Amendment: The provisions of the Declaration applicable to amendment of that instrument shall apply to any amendment to these By-Laws.
9 7.10 Fining Procedure: The Board shall not impose a fine (a late charge shall not constitute a fine) unless and until the following procedure is followed: (a) Demand: Written demand to cease and desist from an alleged violation shall be served upon the alleged violator specifying: (b) (i) the alleged violation; (ii) (iii) the action required to abate the violation; and a time period, not less than ten (10) days, during which the violation may be abated without further sanction, if such violation is a continuing one, or a statement that any further violation of the same rule may result in the imposition of a fining if the violation is not continuing one; the Board or its designee may demand Immediate abatement in such circumstances which, in the Board's determination, pose a danger to safety or property.
Notices: Within twelve (12) months of such demand, if the violation continues past the period allowed in the demand for abatement without penalty, or if the same rule is subsequently violated, the Board may, upon notice, impose a fine. The notice shall state: (i) the nature of the alleged violation; (ii) that the alleged violator may, within ten (10) days from the date of the notice, request a hearing regarding the fine; (iii)
fine. The notice shall state: (i) the nature of the alleged violation; (ii) that the alleged violator may, within ten (10) days from the date of the notice, request a hearing regarding the fine; (iii) that any statement, evidence, and witnesses may be produced by the alleged violator at the hearing; and (iv) that all rights to have the fine reconsidered are waived if a hearing is not requested within ten (10) days of the date of the notice.
(c) (d) Hearing: If a hearing is requested, it shall be held before the Board in executive session, and the alleged violator shall be given a reasonable opportunity to be heard. The minutes of the meeting shall contain a written statement of the results of the hearing.
Enforcement: The Board shall be entitled to enforce the collection of all fines and the abatement of all continuing violations by all means permitted under the Declaration or by Georgia law.
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