Community guidelines.

JBM Investments, LLC created this Declaration for The Retreat at Mill Creek Subdivision in Walton County. It states that the restrictions run with the property and bind owners and successors.

This guide uses the 28-page copy recorded December 7, 2007. No separately recorded covenant amendments were included with this copy.

Additional Property means land that may be added to the community under Article X.

The Association is The Retreat at Mill Creek Homeowners Association, a Georgia nonprofit corporation, and its successors and assigns.

Board means the Association’s Board of Directors.

Bylaws means the Association’s bylaws, summarized separately below.

Common Property includes property owned by the Association and, in certain cases, property over which it has permanent easements for owners’ common use and enjoyment.

Declarant means JBM Investments, LLC and qualifying successors or assigns. The definition specifies written assignments to development or sale successors and circumstances in which a development-loan mortgage holder acquiring the property succeeds to these rights.

A reference to Declarant rights in this guide describes the original document; it does not establish that those rights remain active today.

A Lot is a numbered parcel and its improvements shown on the recorded subdivision plat or a qualifying supplemental plat. Common Property is excluded except as provided in Section 2.04.

Member means a member of the Association.

Owner generally means the record holder of fee-simple title to a Lot, including the Declarant. Where title is held only as loan security, the person who would own the Lot after repayment is treated as the Owner.

Property means the land described in the Declaration, excluding Common Property, plus land added under Article X.

Restrictions includes the covenants, restrictions, easements, charges, liens, and other obligations created by the Declaration.

Structure is defined broadly. It includes buildings, patios, pools, fences, paving, trees, shrubs, signs, and other temporary or permanent items affecting a Lot’s appearance.

It also includes work affecting surface-water flow or drainage and a grade change of more than 6 inches at any point on a Lot. Architectural review therefore reaches beyond buildings.

The Declarant may transfer property or easements for common use to the Association at no expense to it, and the Association agrees to accept those transfers.

The document contemplates scenic, natural, and recreational areas, but allows the Declarant to change planned Common Property before conveying it. Designation alone does not transfer title; the Declarant retains title until an actual conveyance.

Owners may use Common Property subject to the covenants and Association rules, without interfering with other owners’ use. This right passes with the Lot.

The Association may permit nonowners to use it on specified terms. Use rights may be suspended under Sections 2.03(c) and 3.06.

The Association may make rules, charge reasonable facility or service fees, grant easements, enforce agreements, borrow, and manage its property. Fee classifications must be uniform within each class.

Selling, mortgaging, conveying, dedicating, or transferring Common Property or an interest in it requires approval from two-thirds of each membership class.

A conveyance may specify how Common Property can be used. Changing a designated use requires a two-thirds vote of each membership class.

The section describes perpetual entrance, sign, fence, and landscaping easements, including maintenance and replacement rights. It also recognizes easements for original improvements encroaching between Lots and Common Property, lasting while the encroachment exists.

Owners may delegate common-area use to family, social guests, and tenants who live on a Lot. Resident tenants may similarly delegate their rights, subject to the bylaws and reasonable Board rules and procedures.

The Declaration states that roads, curbs, storm drains, detention ponds, and related features were conveyed to and accepted by the Association as Common Area, subject to Article IV assessments.

This describes the recorded provision, not a verification of present ownership or maintenance arrangements.

The Association is a nonprofit civic organization for residents’ common good and general welfare. It exercises corporate powers and the rights and duties assigned by the Declaration.

Every owner automatically becomes a member. Membership ends only as provided in the Declaration.

Class A owners receive one vote per Lot. Co-owners decide together how to cast it; competing votes for the same Lot are not counted. Membership ends on sale, but unpaid prior assessments remain due and later-period payments are not refunded under this section.

The original Class B Declarant membership carried three votes per Lot. Conversion to Class A is tied to the earliest of five years after recording, conveyance of three-fourths of developable Lots for residential occupancy, or a recorded surrender of appointment rights, with a stated development-mortgage-holder consent qualification. This guide does not determine present Class B status.

The Board manages the Association through its officers, subject to powers reserved by law or the governing documents. Board and officer composition and selection follow the Declaration and bylaws.

The section addresses Board appointment of officers during Declarant control and directs member voting to the governing documents and law.

The Board manages Association affairs. Its size and election method are set by the Declaration and bylaws.

The Board may suspend voting or common-area enjoyment for unpaid assessments, common-area rule violations, or failure to take reasonable steps to remedy a covenant violation within 30 days after receiving the specified notice.

Suspension generally lasts while the default continues. For common-area rule violations, it may extend up to 60 days after the violation ends. Suspension cannot prevent access to or from an owner’s Lot.

Director elections and other membership decisions follow the Declaration, Georgia Nonprofit Corporation Code, Articles of Incorporation, and bylaws in effect at the time.

During the original control period, the three-member Board included two Declarant appointees, whom the Declarant could remove and replace.

The section ends appointment power at the earliest of five years after recording, residential conveyance of three-fourths of developable Lots, or recorded surrender. It calls for a special meeting, owner election of a new Board, and delivery of Association records and contracts. It does not document when the actual transition occurred.

On dissolution, Association assets are to go to public bodies or nonprofit organizations with similar purposes.

Owners agree to pay annual and authorized special assessments. The document makes assessments, applicable interest, penalties, and collection costs both a charge against the Lot and a personal obligation of the owner when levied.

An owner’s personal obligation survives a sale; it does not pass to a successor unless expressly assumed. The section identifies superior tax and qualifying loan liens, and says foreclosure does not excuse later assessments.

Assessments support the community’s common good, including Common Property, security, covenant and design-standard enforcement, operating expenses, property taxes, and Association debts.

The Association may carry unspent funds forward for financial security and its purposes. It is not required to spend all receipts in the same year or reduce next year’s assessments by the surplus.

The Board prepares an annual operating budget with a reserve contribution. Owners must receive the proposed budget and assessment at least 15 days before its effective date. It takes effect unless a majority of the total membership disapproves it; a member meeting is not automatically required.

If no new budget takes effect, the existing budget and assessment continue. The Board may propose a replacement with the same 15-day delivery period. Assessments are payable in advance in monthly, quarterly, or annual installments.

Initial assessment timing is tied to occupancy or specified residential conveyance. The section contains Declarant and builder exemptions, occupancy and closing-proration qualifications, and a process for valuing Declarant contributions of services or materials. It does not state today’s dues amount.

A special assessment for nonrecurring maintenance or capital improvements may be approved by two-thirds of each membership class present in person or by proxy at a meeting called for that purpose.

The assessment applies to that assessment year, and the resulting fund must be kept in a separate account for the stated purposes. The special notice and quorum rules in Section 4.06 also apply.

Meetings for action under Sections 4.04 or 4.05 require 30–60 days’ written notice. The first meeting requires 60% of the votes of each membership class present in person or by proxy.

If quorum is not reached, a subsequent meeting may use half the preceding meeting’s required quorum, with the same notice requirement. It must occur within 60 days of the preceding meeting. These specific rules differ from the general membership-meeting rules.

The document allows a late charge after 15 days of the greater of $5 or 10% of the assessment or installment. Amounts remaining unpaid after 30 days may accrue interest at the Board-established lawful rate, or 10% annually if none is set, calculated from the dates specified in the source.

After an installment is 30 days late, the Board may make the remaining assessment balance immediately due. Collection costs may be added. After 60 days, the Association may notify mortgage holders of the default. Check GCM for your actual balance, due dates, and charges.

An owner may request a written certificate of paid or unpaid assessments, interest, penalties, and costs. The Association must provide it within a reasonable time and may charge a reasonable fee. The section describes its binding effect for a good-faith buyer or lender.

The Architectural Control Committee (ACC) is to have three Board-appointed individuals. The original document reserves Declarant control while specified Declarant or builder Lots are held primarily for sale for residential occupancy, unless that control is surrendered by recorded amendment.

The website’s ARC request guide uses GCM’s current submission terminology; ACC is the term used in these covenants.

The ACC reviews proposed installation, construction, and alteration of Structures for compatible exterior design and quality, and for location in relation to topography, final grade, and surrounding Structures.

The ACC selects a chair and may select other officers or subcommittees from its members. The Association reimburses members’ travel and other out-of-pocket costs incurred in their duties.

After Declarant control ends, the meeting provisions call for at least quarterly ACC meetings, 3 days’ mailed notice to committee members, a majority quorum, majority decisions among those present, and accessible minutes and voting records. Written action without a meeting requires all committee members’ signatures.

The ACC may delegate specified decisions to two or more members acting unanimously, except adoption of Design Standards. Applicants must receive written notice within 30 working days of that decision. They may request full-committee review within 10 days of receipt; review must occur within 30 days of the request.

The section separately preserves full Declarant authority during the original control period.

The ACC may adopt and change Design Standards governing application content, procedures, architectural features, colors, materials, size, and placement. If published, the current standards must be readily available to members, prospective members, and applicants.

Plans must be submitted and approved in writing before placing or materially changing a Structure, including exterior painting or staining that materially changes its appearance.

Required information may include a site plan, setbacks, parking, erosion controls, foundation and floor plans, exterior elevations, materials, colors, lighting, landscaping, and grading. See Section 5.09 for the document’s separate provision on failure to act within 30 days.

The ACC keeps two copies of approved plans and returns a written-approved copy to the applicant. Approval for one Lot does not require approval of similar plans elsewhere.

Approval is final for that Lot or Structure and cannot be revoked under this section if the approved plans and all conditions are followed.

The ACC may reject plans for missing reasonably requested information, noncompliance with the covenants or Design Standards, or incompatible design, quality, or location.

A denial or conditional approval must explain the grounds. If asked, the ACC must make reasonable efforts to help the applicant prepare an acceptable proposal.

This section says the ACC must act within 30 days after receiving plans and specifications submitted as provided in the Declaration. Approval and conditions are to be returned in writing.

It also says failure to act within 30 days of receipt is deemed approval. Keep your submission and receipt records, and confirm how this provision applies to your request with GCM before scheduling work. The separate appeal deadlines in Section 5.04 are not this initial review period.

After reasonable notice and at reasonable times, Association or ACC agents may enter a Lot and its Structures to inspect compliance. The entry protections apply only when the inspection follows this section.

Work that does not follow approved plans is treated as unapproved. If the Board agrees with the ACC’s violation finding, it must send certified written notice detailing the violation and required remedy.

If the owner does not take reasonable steps toward correction within 30 days after mailing, the Association may use the abatement process in Section 8.02. This is distinct from the bylaws’ fine-hearing process.

After approved work is completed, the ACC issues a compliance certificate upon the owner’s written request or on its own initiative, and keeps a copy with the plans.

The certificate documents compliance with ACC-approved plans. It does not certify workmanship, structural quality, engineering, operation, or compliance with other laws or building requirements. The source describes its evidentiary effect for buyers, lenders, and title insurers.

The ACC may charge reasonable inspection fees under Section 5.10. Fees are to be established and published in the Design Standards.

The ACC may not discriminate based on race, color, sex, religion, age, sexual orientation, or national origin, including actions with discriminatory intent or effect.

Article VI applies to every Lot and all Structures placed or built on it.

Lots are restricted to single-family residential use. The section allows the Declarant to operate a designated sales office or model home.

Splitting or subdividing a Lot requires prior written ACC approval of plans. Adjacent Lots may be combined for one residence, but the combined Lot may not later be subdivided.

Assessments remain based on the original number of combined Lots, while voting is limited to one Lot’s vote. The source’s voting cross-reference is printed as “3.30(a)”; no Section 3.30 appears in this copy.

Activities that may cause erosion or siltation require prior written ACC approval of prevention and control plans. Approval may require drainage controls and precautions during grading or landscaping.

The section starts with a general ban on owner or occupant signs, then expressly allows residents reasonable and appropriate signs, including For Sale and For Rent signs. Declarant entry, sales, and information signs are also allowed.

The text does not define “reasonable and appropriate” here. Check applicable current guidance for a specific sign; this summary does not turn the opening sentence into a blanket ban.

Vehicles must be parked in garages, driveways, or other paved parking areas on a Lot. Yard and street parking are prohibited, with an exception for visitors’ temporary street parking.

The rule includes motorcycles, minibikes, scooters, go-carts, trucks, vans, and cars. Inoperable, junk, and abandoned cars are not allowed.

The section generally limits listed large or recreational vehicles and equipment, including commercial vehicles over one-ton capacity, to temporary stays of no more than 3 consecutive days.

It separately permits boats, boat trailers, motor homes, RVs, and campers stored inside a garage or at the rear, concealed from neighboring residences and streets, with prior written ACC consent. Ask GCM how the temporary-stay and storage provisions apply together to your situation.

Above-ground pools are prohibited. Trampolines may not be visible from the street. Materials carried in vehicles or trailers must be covered. The section exempts Declarants and builders constructing an approved Structure, and limits tractor/trailer delivery parking to a reasonable unloading period of at most 6 hours.

A house must be finished before occupancy. The entire yard must have grass or suitable ground cover, the driveway must be concrete, and the front yard must be sodded with Bermuda, Zoysia, or Fescue.

Foundation and building walls may not have exposed concrete or concrete block above finished grade. Those surfaces must be veneered with brick or natural stone, stuccoed, or painted.

Dwelling fronts must use brick, partial brick, natural stone, concrete siding, or stucco. Other sides must use concrete siding or like material.

Vinyl siding or cornice is prohibited unless the dwelling’s front and sides are veneered with brick, natural stone, or stucco. The section reserves finish approval to the Declarant until that authority passes to the ACC.

Minimum heated area is 1,800 square feet for a single-story or ranch home and 2,200 square feet for a two-story home. Garages, porches, and finished basements do not count toward these minimums.

Garages must be enclosed with doors, and doors kept closed unless in use. Detached garages may be single-car size but must match the home’s architectural style and colors. A complying detached garage may face the front of the Lot.

A reasonable number of usual household pets, such as dogs and cats, is allowed. Other animals, livestock, and poultry are prohibited. Pets may not be kept or bred for commercial purposes.

Dogs outside must be on a leash or within an allowable fence.

Fences, walls, and outbuildings need prior written ACC approval. Barbed wire, hog wire, and split-rail fences are prohibited; black-coated chain link is allowed subject to approval and placement rules.

Fencing must tie from and run parallel with the back of the house to the property line. Corner-lot fencing must stay within building setback lines.

Sheds, workshops, and storage outbuildings must be screened by landscaping, lattice, other screening, or the home itself. They may not be metal and must match the main dwelling’s architectural style using similar colors.

The 2007 text restricts exterior antennas or dishes visible from a street and dishes larger than 18 inches.

Federal OTARD rules can override association restrictions on covered antennas and dishes. Read the FCC rule before treating the recorded visibility or size language as an enforceable limit; this guide does not determine whether a particular installation is covered.

The listed exceptions to the tree-removal restriction are dead or diseased trees; removal needed for other trees’ growth or safety; and trees within 10 feet of a residence, driveway, walkway, or septic field whose removal is necessary to construct those features.

The construction exception includes both the distance and necessity conditions. Check architectural-review requirements before planning removal.

Trash cans, woodpiles, play equipment, trampolines, pool pumps and filters, and similar items must be placed or screened so neighboring streets and properties cannot see them.

The document prohibits discharging firearms in the development, including BB guns, pellet guns, and guns of all types.

Mailboxes and stands must be of similar style, approved by the Declarant under the recorded provision, and kept in good repair. Freestanding newspaper boxes are prohibited.

Monuments, statues, birdbaths, decorative structures, and freestanding flagpoles in front of a dwelling require written ACC approval.

Seasonal items may not remain permanently attached to structures or property. They must be removed within 3 weeks after the relevant holiday.

Owners or builders must construct approved sidewalks matching adjoining sidewalks across the front of each Lot. Corner Lots require them along both front and side.

After construction, the section assigns sidewalk maintenance to the Association, funded through the annual budget or a special assessment as determined by the Board.

Owners and occupants must prevent unclean, unhealthy, unsightly, or unkempt conditions. Storage, odors, noise, and activities that disturb neighbors’ peace, safety, comfort, or enjoyment are restricted.

The section also prohibits speakers, horns, whistles, sirens, bells, amplifiers, and similar sound devices, with exceptions for devices used exclusively for security or required by law.

Parts of a dwelling or Structure supporting another Structure are subject to support easements. Each Lot also has a right of lateral support that passes with its title.

The Declarant reserves specified rights to create easements for utilities, drainage, slopes, landscaping, entrances, and similar purposes on its property. The section also provides access and utility easements across the original and annexed property and service-company rights for maintenance and replacement.

Owners may not use a Declarant-created easement unless assigned to the Association. These rights supplement other recorded easements. Article VII amendments require written Declarant or successor consent under this provision.

An Easement Area is an area on a Lot where an easement appears in a recorded deed or filed or recorded map or plat.

The Declarant and its agents and successors may enter easement areas at reasonable times for the reserved purposes. They must leave each Lot in good condition and repair after the work.

The Declaration does not permit actions prohibited by governmental requirements. Its text says the most restrictive provision governs when restrictions overlap.

This does not establish that a covenant overrides controlling law; see the separate note on federal antenna protections in Section 6.15.

The document grants enforcement rights to the Association, each owner and their specified successors, and the Declarant while it is an owner.

The general process requires certified written notice describing a violation and the remedy. If an owner does not take reasonable steps within 30 days after mailing, the document permits the Association to enter at reasonable times and carry out the stated correction.

It makes correction costs and interest at the lower of 10% or the lawful maximum a personal obligation and lien, subject to listed lien-priority exceptions. It also permits mortgage-holder notice after specified charges are 60 days overdue.

The section refers to different notice provisions in Sections 5.11 and 6.21, although Section 6.21 in this copy concerns sidewalks. Confirm that cross-reference before relying on an exception. Fine notices and hearing rights are addressed separately in Bylaws Section 3.20.

The Declaration preserves court actions for damages and other relief, including an injunction or an order requiring compliance with the covenants.

The text provides for a personal collection action, lien foreclosure, or both, including interest and collection costs. It also describes a power-of-sale procedure with four weekly advertisements, allocation of sale proceeds, a 15% attorney-fee provision, and broad notice and hearing waivers.

These are serious remedies described in the 2007 document, not a statement that every printed procedure or waiver is currently enforceable. Current legal requirements must be checked before any collection or foreclosure action; this summary is not an enforcement checklist.

Failure to enforce a restriction on one occasion does not waive the right to enforce it later, including for the same or a different violation.

The covenants state that they bind the land perpetually to the extent permitted by law.

Owners may amend the covenants through an agreement signed by at least 75% of owners. Declarant signature is also required if the Declarant still owns property subject to the covenants.

The section separately allows specified unilateral Declarant amendments for legal compliance, title insurance, or mortgage lending or insurance. An amendment that adversely affects an owner’s title requires that owner’s written consent under this provision.

The Declarant is given an option to add all or part of Additional Property to the Declaration without Association, Board, or owner consent. The supplied copy ends with the execution page; it does not establish what later land was actually annexed.

The corporation is named The Retreat at Mill Creek Homeowners’ Association, Inc.

Homeowners in Retreat at Mill Creek are members of the Association.

Terms generally have the meanings given in the Declaration or the Georgia Nonprofit Corporation Code. Statutory references include later versions of the referenced law.

The Board chooses a suitable meeting place convenient to members, within the community or as close as practical.

Members meet annually at a date, time, and place chosen by the Board. The meeting receives outgoing Board reports, installs directors, and handles other business.

The President or Board may call a special membership meeting. The President must also call one after receiving a signed, dated petition from members holding at least 25% of the Total Association Vote, stating its purpose.

The meeting notice must give the date, time, place, and purposes. Only business within those stated purposes may be conducted.

The Board sets a record date to determine which members receive notice, vote, or qualify for another action. It must be no more than 70 days before that action.

Written notice of annual or regularly scheduled membership meetings must be delivered 30–60 days in advance. Special meetings require at least 7 days’ notice and a stated purpose.

Permitted delivery includes personal delivery, prepaid U.S. mail, statutory overnight delivery, and electronic transmission in accordance with the Nonprofit Code. Owners should give the Secretary written notice of an alternate mailing address.

An adjourned meeting usually needs no new notice if its new date, time, and place were announced before adjournment. A new record date requires notice to members on that new record date.

A member may sign and deliver a written or electronic waiver of meeting notice for the Association’s records. Attending in person or by proxy also waives defective notice unless the member objects when the meeting is called to order.

If there is no quorum, a majority of the members present in person or by proxy may adjourn the meeting for 5–30 days. Once a quorum attends the reconvened meeting, it may handle the original business without further notice.

The Secretary prepares an alphabetical list of members entitled to meeting notice, including addresses. The list must be available for member inspection beginning at least 2 business days after meeting notice, and at the meeting or any adjournment.

Inspection may be through an accessible electronic network or during business hours at the Association’s office or a reasonable location in the meeting city. Electronic access may be restricted to members; a member’s agent or attorney may also inspect.

Voting rights are defined in the Articles of Incorporation and Declaration, which this section incorporates.

Members may vote in person or by proxy. A proxy must be written, signed, dated, and filed with the Secretary before the meeting; electronic authorizations must provide evidence acceptable to the Board.

Proxies are revocable. They end after 11 months, or earlier on receipt of a signed revocation or later proxy, receipt of notice of death or judicial incompetence, or the member attending and voting in person.

A membership-meeting quorum is 60% of the votes entitled to be cast, represented in person or by proxy. Once a quorum is present, business may continue even if members later leave.

Members may act without a meeting through written or electronic consents holding at least the voting power needed to approve the action at a meeting. The first signature sets the record date; sufficient consents must reach the Secretary within 70 days.

If consent is not unanimous, the action takes effect 10 days after the Secretary gives notice to members who did not consent. Required meeting materials must be supplied or expressly waived, and consents kept with permanent minutes.

An action may be submitted by written or electronic ballot to every eligible member. Each ballot must identify the action and allow a vote for or against it.

The solicitation must state the participation needed for quorum, the approval percentage (except for director elections), and a response deadline. A timely ballot cannot be revoked. Both quorum participation and the applicable approval threshold must be met; the Secretary certifies results for the permanent minutes.

Directors must be natural persons at least 18 years old, live in the community, and be members or members’ spouses. Spouses, co-owners, or occupants of the same Lot may not serve on the Board at the same time.

The Board has three directors: President, Secretary, and Treasurer.

Candidates may be nominated from the floor at an election meeting or by a nominating committee, if one exists. Candidates must have a reasonable opportunity to present qualifications and solicit votes.

Initially, two directors had two-year terms and one had a one-year term. Subsequent terms are two years, staggered so terms do not all expire in the same year.

Eligible members may vote for every open seat; candidates with the most votes win. Directors serve until their successors are elected and take office.

Members holding a majority of the Total Association Vote may remove a director, with or without cause, at a meeting whose notice states that purpose, and elect a replacement there. The director must have an opportunity to be heard.

A majority of the remaining directors may also remove a director for three consecutive unexcused Board-meeting absences or an assessment delinquency of more than 30 days.

A majority of remaining directors fills Board vacancies for the remainder of the term, except when members remove a director and fill the vacancy under Section 3.5.

A newly elected Board must hold its first meeting within 10 days after the election.

The Board must hold at least four regular meetings per fiscal year, with at least one each quarter. Notice of the regular schedule is sufficient notice.

The President or any two directors may request a special Board meeting. Notice must identify the date, time, place, and special business.

Notice mailed to directors must be sent at least 4 days before the meeting. Personal, telephone, or permitted electronic notice requires at least 2 days. Electronic delivery requires the director’s written consent and an address on file.

Actions at an irregularly noticed Board meeting may be valid if a quorum attends and absent directors sign a waiver, consent, or approval of minutes for the official records. A director who attends without objecting at or before the start is treated as having received notice.

A majority of directors forms a Board quorum. When a quorum is present, a majority of the directors present decides an action.

Directors receive no compensation from the Association for serving as directors.

Board meetings are open to members. Members who are not directors may participate in discussions only when the Board expressly allows it.

The Board may move into executive session to discuss and vote on personnel, litigation, and similar matters. It must first announce the nature of the business in open session.

The Board may act without a meeting through written or electronic consents signed by a majority of directors. Those consents must describe the action and be delivered for the minutes and corporate records.

Directors may participate and vote by conference call or another method that lets everyone participating hear one another simultaneously. A quorum must participate for it to be a Board meeting.

The Board manages the Association’s affairs except for powers reserved to members by law or the governing documents.

Its listed duties include budgets, assessments and collections, maintenance, staffing, rules, bank accounts, enforcement, insurance, financial records, and contracts. The enforcement provision includes fines and treating each day of a continuing violation after notice as a separate violation, subject to the governing procedures.

The Board may hire a professional management agent, including the Declarant or an affiliate, and set the agent’s duties and compensation. Management agreements may not exceed one year.

The source permits termination by either party without cause or penalty but prints the notice period as “ninety (30) days.” The words and number conflict; confirm the intended notice period with the Board or management before relying on it.

The Board may borrow money without member approval unless total borrowing exceeds or would exceed 10% of the annual Association budget. Above that threshold, approval follows the special-assessment process, except as otherwise provided in the Declaration.

Before imposing a fine, the Association must send first-class or certified written notice identifying the violation, fine, effective date, hearing rights, and a contact for challenging it. A late charge is not a fine under this section.

The normal notice and written hearing-request period is at least 10 days from the notice date. For an unapproved sign, the document uses 24 hours. Missing the hearing-request deadline waives reconsideration rights.

A timely requested hearing is held before the Board in executive session; the owner may present statements, evidence, and witnesses. Results go in the minutes. A fine cannot take effect until 5 days after the hearing, or 24 hours for an unapproved sign.

For a continuing or recurring violation within 12 months of the demand, the Board may impose a fine after the additional mailed notice described in subsection (c).

The officers are President, Secretary, and Treasurer. One person may hold multiple offices, except President and Secretary together. The President and Treasurer must be directors; the section exempts Declarant-appointed officers.

Except during the Declarant’s officer-appointment period, the Board appoints officers annually at its first meeting after director elections. The Board may fill a vacant office for the remainder of the term.

The Board may appoint additional officers and agents, including vice presidents and assistant secretaries or treasurers, and set their terms, powers, and duties.

Officers receive no compensation.

The Board may remove an officer with or without cause, except an officer appointed by the Declarant.

The President is the chief executive, chairs member and Board meetings, supervises Association business, keeps the Board informed, and operates under the Board’s policies.

The Secretary maintains minutes, gives meeting notices, handles the corporate seal and certifications, and performs duties assigned by the President or Board. The Secretary covers the Treasurer’s duties during the Treasurer’s absence or disability.

The Treasurer maintains financial books and records, accounts for funds and other assets, reports the Association’s financial condition, and holds assets in the Association’s name in Board-designated accounts.

Investments must be consistent with the Association’s need to spend its funds. The Treasurer covers the Secretary’s duties during the Secretary’s absence or disability.

An officer may resign by written notice to the Board. Resignation takes effect upon receipt or at a later time stated in the notice; acceptance is unnecessary unless the notice says otherwise.

The Board may authorize advisory, standing, and ad hoc committees and set their work and duration. Committees operate under the Declaration, Board resolutions, or Board rules, and may exercise Board authority only where expressly permitted by the governing documents or Nonprofit Code.

The fiscal year is the calendar year unless the Board adopts a different year by resolution.

The current edition of Robert’s Rules of Order governs proceedings where it does not conflict with Georgia law or the governing documents.

For conflicts, this section gives priority in this order: Georgia law, the Declaration, Articles of Incorporation, then Bylaws.

Electronic records, signatures, and documents may be used where permitted by Georgia law and the governing documents. The technology must provide sufficient security, reliability, identification, and verifiability and be approved by the Board.

The Board, with Declarant consent, may make the specified amendments needed for legal compliance, title insurance, mortgage lending or insurance, or the Georgia Property Owners’ Association Act.

The section also grants unilateral Declarant amendment authority, with protections against materially harming an owner’s use and enjoyment or a specified security-interest holder’s rights without their consent.

Another amendment route requires at least two-thirds of the Total Association Vote, by vote, written consent, or both, plus Declarant consent. These are the provisions in the supplied document; the guide does not determine whether any Declarant powers remain active.