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All Rules & Regulations

stone creek poa

Pursuant to Article II, Section 7 of the Master Declaration of Covenants, Conditions, and Restrictions of the Stone Creek Property Owners Association (SCPOA), the following reasonable rules and regulations have been established by the association’s Board of Directors (BOD) for property owners of Stone Creek. In addition to the authority to establish rules and regulations, the BOD has authority to levy and collect reasonable monetary fines and/or to impose other sanctions for violations of SCPOA rules and regulations. Monetary fines may be collected by lien and foreclosure as provided in Article VII of the Master Declaration of Covenants, Conditions, and Restrictions. The purpose of this document is to provide property owners with rules and regulations, penalties for violations, and the prescribed process for appealing imposed penalties. Property owners are accountable for actions of their tenants.

Table of Contents

Use Restrictions

Pets

Vehicles & Traffic

Golf Carts & Other Similar Vehicles

SCPOA Dues

Construction & Sales

Construction Review Board (CRB) Policies

Walls, Fences, & Hedges

Lake Privileges

Docks

SCPOA Rules Enforcement

Fines

Appeals

Owners & Tenants


Use Restrictions

• No noxious or offensive activity as determined by the SCPOA shall be carried on upon any property.
• Children under the age of sixteen (16) are prohibited by curfew from being on streets, common areas, or any property within Stone Creek not owned by their parents or legal guardians between the hours of midnight and 6:00 a.m. unless they are in the company of a parent or legal guardian.
Outside lighting must be approved by the Construction Review Board (CRB).
• The use or display of firearms, fireworks, bows and arrows, crossbows, pellet guns, air rifles, paintball guns, or other similar devices is forbidden.
• No temporary structure (trailer, tent, shack, garage, barn, etc.) shall be maintained or used as a residence or for any other purpose.
Boats, boat trailers, travel trailers, utility trailers, inoperative or unregistered automobiles, campers, utility vehicles, and portable buildings must not be placed or stored on any street right-of-way or on driveways and must be stored out of view of streets, lakes, the golf course, and Stone Creek Country Club. The exception to this rule is a boat returned from a trip waiting to be cleaned which may be visible for a period not to exceed forty- eight hours.
• No signs of any type are permitted on a residential property or common areas without written consent of the BOD except for one residential real estate sign being no larger than six (6) square feet in size per lot.
• It is the responsibility of each property owner to prevent any unclean, unhealthy, or unkempt condition, as determined by the SCPOA, from existing.
Outdoor items such as patio furniture, barbecue grills, smokers, dog houses, play houses, playground equipment, and other articles visible from streets, lakes, neighboring yards, and the golf course must be maintained in a neat and attractive condition as determined by the SCPOA.
Swing sets, small tree houses, basketball goals, and other common play equipment are allowed but must be tasteful, well-maintained, and obscured from view as best as possible. Questions concerning specific equipment or location of equipment may be addressed to the SCPOA’s executive director.
No above-ground pool shall be erected, constructed, or installed. Children’s wading pools are permitted but must be no larger than eight (8) feet in diameter and must be stored out of view when not in use. Hot tubs are permitted, but they must be installed and plumbed in a manner approved by the POA and placed in a location not visible from the street.
Trash, garbage, or other waste materials must be kept in sanitary containers constructed of metal, plastic, or masonry materials with sanitary covers or lids. Trash containers must be stored in a location that is shielded from visibility from the street, (i.e., the back yard, the garage, behind an approved fence or a shrub).
Recreational outdoor fires are permitted, but they are strictly limited to POA-approved fire places and wood-burning fire pits. Specifications and installation criteria required for approval are available at the POA office. Fires in fire pits must not be left unattended and must be extinguished when use is complete. Fire pits are for recreational use only and may not be used for burning trash, yard waste, or materials that cause excessive smoke
• No lot may be used for open storage of any materials whatsoever if visible from the street except that building materials used in construction of additions or improvements may be stored on the lot during a reasonable construction period.
• No exposed above-ground tanks for the storage of fuel, water, or any other substance may be located on any lot other than any apparatus relating to solar energy, which must be approved for design and location by the CRB.
• Only one mailbox, consistent in quality and design with the residential unit, may be located on a lot.
• No antenna, radio receiver, satellite dish, or similar device is to be attached to or installed on any lot, residence, or other portion of the properties unless contained entirely within the interior of a building or shielded from view of the street.
• No television or radio signal or any other forms of electromagnetic radiation that may unreasonably interfere with television or radio reception within the properties is permitted.
Construction of improvements and repairs on Sundays is prohibited except for emergencies involving potential damage, loss, or injury or unless approval is granted by the BOD.
• The owners or occupants of all lots shall at all times maintain all lawns and landscaping thereon in a sanitary, healthful, and attractive manner as determined by the SCPOA. No weeds, underbrush, or other unsightly growth shall be permitted to grow on any lot. Yards maintenance is to include lawn mowing and edging, shrubbery trimming, and upkeep of beds and islands.
• In no event shall any lot owner or occupant permit the accumulation of garbage, trash, or rubbish of any kind on a lot.
Burning of lawns, trash, rubbish, yard waste, or any other materials is strictly prohibited.
Yard waste, including shrubbery trimmings and limbs cut to prescribed length must be placed in suitable containers and placed at curbside no earlier than the evening before scheduled pick-up. Yard waste is not to be deposited on vacant properties. Clippings and leaves are not to be blown into the street.
Drying of clothes outside of a residence is prohibited.
Garage/yard sales are prohibited except for community-wide yard sales held on dates approved by the BOD and coordinated by the SCPOA.
Signs and other devices advertising businesses or supporting political candidates or public issues and events are not permitted without specific written permission of the SCPOA.
• Natural drainage of streets, lots, and roadway ditches is not to be impaired
• No trees or limbs of trees with a greater diameter than four inches may be removed or pruned without the approval of the CRB. A Tree Removal Request form has been developed for this purpose and is available at the SCPOA office.


Pets

• No animal of any kind except for dogs, cats, and other usual household pets may be kept on any property.
• Animals may not be kept, bred, or maintained for any commercial purpose.
• Animals must not endanger the safety or health of residents or unreasonably disturb them.
• All permitted animals are to be kept and maintained in accordance with local animal control ordinances. These ordinances require that any animal not on the property of its owner must be on a leash.
• Any cat that is outdoors while not under direct control must be sterilized.
• No pet enclosure is to be erected or placed on any property.
• Persons walking dogs on leashes are to remove all solid waste of the pet from residential property and common grounds.


Vehicles and Traffic

All State of Georgia motor vehicle laws apply while driving in Stone Creek.  Stone Creek streets are private and are owned by the SCPOA. Stone Creek security personnel, the SCPOA executive director, and the SCPOA BOD will enforce all traffic regulations shown below. Enforcement may include deployment of radar, cameras, and other devices. The SCPOA bears, and accepts, no liability for injury to any persons or property arising out of the breach of these rules and/or the enforcement or non-enforcement thereof.

• All vehicles belonging to Stone Creek residents must be registered with the SCPOA and display a decal on the lower driver’s-side windshield. Vehicles belonging to non-resident immediate family members (parents, children) of residents may be registered and issued a non-resident decal. Registration applications are available at the association business office.
• Operators of vehicles in Stone Creek, including motorcycles of any size, must have a valid drivers license. An exception is noted under the “Golf Carts and Other Similar Vehicles” section shown below.
• All vehicles in the community shall be operated in a safe and prudent manner so as not to endanger any person or property.
• The speed limit is twenty-five (25) mph unless otherwise posted.
• All traffic signs (e.g., stop signs) are to be obeyed.
On-street parking is not allowed except for occasions where there is insufficient guest parking on a resident’s drive. Only one side of the street may be used for such parking, and vehicles must be parked on the resident’s side of the street in the same direction as the traffic flow. Driveways and mailboxes are not to be blocked. Overnight parking on the street is not permitted.
Parking on lawns is not permitted.
• Devices used for opening Stone Creek gates are to be used by residents and property owners only unless a waiver has been granted by the SCPOA BOD. Allowing anyone else to use an opener without board approval is a violation.

Note: Gate opening devices are available to property owners and residents for entering through gates during hours when they are closed. A remote opener will open gates at all four entries. A magnetic card will open gates 3 and 4.


Golf Carts and Other Similar Vehicles

• The only motorized vehicles that will be registered and authorized for operation in Stone Creek are licensed vehicles (automobiles, SUVs, trucks, motorcycles), golf carts, and other small vehicles with characteristics similar to golf carts. Gasoline-powered small vehicles must be approved by the SCPOA on a case-by-case basis.
• Golf carts and other approved small motorized vehicles must be registered with the SCPOA at the business office. There is a registration fee. Owners will be issued a decal which must be displayed in plain view on the rear of the vehicle.
• At registration, a resident adult is required to sign a letter of release taking full responsibility for the use of golf carts and other approved small motorized vehicles in Stone Creek.
Operators of golf carts and other approved and registered vehicles must be at least sixteen years of age and have a valid driver’s license granted by the state or be thirteen to fifteen years of age and be accompanied by a parent, grandparent, or guardian as a front seat passenger.
Personal golf carts are not allowed on the golf course.
Licensed vehicles have the right of the road. Golf carts and other similar vehicles are to steer to the right side of the street and slow down to allow licensed vehicles to safely pass.


SCPOA Dues

• General SCPOA dues are assessed on the first of each month and should be paid by the twentieth of each month.
• Property owners electing to pay general dues for a full year in advance will receive a discount if their accounts are current at the time of payment. Annual payers will be required to pay any increase in the general dues assessment for prepaid months remaining at the time of the increase. The discount will be allowed for this payment also if it is for all prepaid months.
• A late fee of $15 per month will be assessed for all general dues not paid by the 25th of the month.
• An interest charge of 1.5% (18% per annum) will be assessed on unpaid balances at the end of the previous month.
• Property owners of rented residences will be billed for dues and are responsible for their timely payment.
• General dues assessments are established by the SCPOA and may be increased by the BOD to a level not to exceed a maximum allowable assessment amount as determined by multiplying the original assessment amount ($37 for residents, $18.50 for qualifying lot owners) by the percent increase in the Consumer Price Index for Urban Wage Earners and Clerical Workers, Atlanta, Georgia, all items. (“Index”) from June, 1991, to June of the most recent year.


Construction and Sales

• No structure shall be erected, altered, placed, or permitted to remain on any lot other than one single-family residential unit, a detached or attached garage or carport suitable in size for not fewer than two or more than four vehicles, or an approved non-residential addition or auxiliary building. Occupancy will not be authorized before the garage or carport is complete.
• All original construction, additions, improvements, buildings, structures, fences, or development of any kind must meet the requirements set forth in the master declaration of covenants, conditions, and restrictions and in any subsequent supplemental covenants and must have prior written approval by the Construction Review Board (CRB) and comply with the rules and regulations of the CRB as promulgated from time to time. Necessary approval forms are available at the SCOA office. There is an application fee for new residential construction and major additions and improvements, including auxiliary buildings.
No trees or limbs of trees with a greater diameter than four inches will be removed or pruned unless such trees are within the area which will contain the residential unit and unless the removal is approved by the CRB.
• Once commenced, the construction of a residence is to be completed within eighteen (18) months. Failure to complete construction within this said time frame shall void any approvals by the CRB for such construction.
• A residence may not be occupied until completed and a certificate of occupancy has been issued by the local jurisdiction.
Construction sites and any surrounding common areas must be kept in an uncluttered condition and all trash and debris are to be kept in refuse containers. When construction is complete, the property owner is responsible to see that all equipment, tools, materials, and debris are removed from the property.
• The property owner is to provide a visually screened area to service yards in which garbage receptacles, fuel tanks, wood piles, utility meters, heating/cooling units, vehicles, materials, supplies, and equipment are stored in order to conceal them from view of streets and adjacent properties. Any such visual barrier shall be at least six (6) feet high and may consist of fencing or landscaping which has been approved by the CRB.
• Each lot must have adequate off-street parking as determined by the CRB.
Real estate signs, builder signs, and subcontractor signs no larger than six (6) square feet in size may be displayed while a house is under construction or being offered for sale. Builder and subcontractor signs must be grouped together in an orderly fashion and must be removed within thirty days of construction completion.
Open-house signs no larger than six (6) square feet in size may be used during a period beginning twenty-four hours prior to the open house and ending twenty-four hours after the open house.
• Real estate “directional” signs are not permitted.


Construction Review Board (CRB) Policies

The declaration of covenants allows the CRB to adopt specific policies in light of evolving trends in construction design and materials. The following policies have been adopted by the CRB.

Garages are required and must be at least two-car size and not larger than four-car size. Garage doors may not open to the front of the house except in specially designated sections of Stone Creek. These policies apply to either attached or detached garages. Requests for exceptions to these requirements should be submitted to the BOD for a decision.
Garages shall not be enclosed to provide additional living space unless provision for building another garage is made in conjunction with a garage enclosure. Such enclosures must be constructed of the same materials that were used in the original construction and the finished elevation must appear harmonious with the existing finishes.
• The roof pitch of houses and any other improvements must be a minimum of 8/12. Exceptions to this requirement are roofs for porches and covered patios and cases in which the architectural style of the building is enhanced by a lower roof pitch. All exceptions must be approved by the CRB.
Homes that use siding may only use single board siding. Sidings that have been engineered to look as if they are multiple boards when they are actually one are prohibited. Siding should be killed into corner boards that are a minimum of 1’” x 4” wood or other acceptable material.
• The use of vinyl siding is prohibited. Note: There is a heavy-gauge vinyl material formed to look like cedar shake shingles that has been approved for use as an accent (i.e., in gables), but its use will be carefully regulated.
• House plans that use siding or a combination of siding and other material (brick, stone, etc.) must have the foundation covered in brick or stone on all four sides.
• Houses that have accents of brick/stone with a combination of siding must turn the brick/stone within three feet around a corner of the section that received this treatment.
• Plans for swimming pools must be submitted to the CRB before site clearing for the project begins. Lowndes County and Stone Creek require that swimming pools be fenced to a height of at least 4 feet. Accordingly, plans for the fence enclosure should be submitted as part of the package of plans/proposals for any new swimming pool construction. Above-ground pools are not allowed except for children’s wading pools” with a diameter of less than eight (8) feet.
Building materials, paint, windows/doors and trim used on construction in Stone Creek must be of a quality and appearance at least equal to that of existing homes/buildings in Stone Creek.
The exterior appearance of buildings and structures must not be altered from that which has been approved by the CRB unless the alterations/modifications have been approved by the CRB. This prohibition includes, but is not limited to, the paint color of the residence or trim; the color or type of roofing material; the architectural design or form of exterior steps/stairs that are a permanent part of the residence.
Stand-alone structures such as play sets, statues, sundials, or fountains that exceed three (3) feet in height or with base dimensions greater than six (6) square feet must be approved by the CRB. A description of the item including its dimensions and a picture or drawing is required. Requests will normally be processed by administrative approval at no cost to the property owner unless it involves modification of the existing structure (s) and/or full review by the CRB is required for other reasons.
Samples of building materials (roofing, siding, brick, and stone) and paint colors, including those for doors, windows, and trim, should be submitted along with construction plans and other documentation required by the CRB. In lieu of samples, examples of existing homes in Stone Creek built with the same materials or colors may be cited in the documentation submitted for review and approval by the CRB.
Columns must have at least one inch of diameter per foot of height. An exception may be the use of groups of columns instead a single column.
Auxiliary buildings such as detached garages, pool houses, and storage buildings, whether constructed at the same time as the residential unit or later, must be constructed with the same materials using the same primary and trim colors as the residential unit.
• No prefabricated or modular buildings are permitted.
Storm Doors are permitted but must be of the same color as the house trim. Only full-view glass storm doors may be installed on the front of the house.
• A landscaping plan must be indicated on the site plan submitted for all new construction and major building renovations.
• A plan must be submitted for approval of all major landscaping changes.
• All landscaping must include grass lawns.


Walls, Fences, and Hedges

• All walls and fences must be approved by the CRB. Requirements for approval and approval forms are available at the SCPOA office. There is an application fee.
• No wall or fence shall be erected or maintained nearer to the front of any lot than twelve (12) feet from the front building line.
• No wall or fence may be installed which will impede the natural flow of water across a lot.
• It is the responsibility of the property owner to maintain a wall, fence, or hedge. In the event of default on the part or the owner or occupant to do so and such failure continuing after ten days written notice thereof, the SCPOA without liability to the owner or occupant in trespass or otherwise, may enter upon the property and cause said wall, fence, or hedge to be repaired or maintained to secure compliance with these restrictions and may assess a charge to the owner of the property for such work. The owner agrees by the purchase of the property to pay such statement immediately upon receipt, and all such payments by the association may be secured by a lien for the benefit of the SAPOA in the same manner as general assessments paid the association under the Master Declaration.


Lake Privileges

All lakes are the property of Tillman Development, Inc. All rules and regulations herein are related to lake use by residents of Stone Creek and may be superseded by Tillman Development, Inc.

• Access to any lake, pond, or water course for the purpose of recreational privileges and fishing rights is to be across common areas provided and is not to interfere with or trespass upon property belonging to property owners or the golf course.
Fishing is restricted to Stone Creek residents and non-resident property owners, their immediate families, and one guest per resident /property owner or immediate family member who is also fishing.
• No gas or other petroleum-powered boat or other water craft is permitted on any lake, pond, or watercourse.
• No fishing is permitted except by rod and reel, or pole, hook and line.
• No fishing is permitted near spawning beds unless expressly permitted by the SCPOA.
• Fishing limits are those established by the laws of the State of Georgia.
• Occupants of boats used on lakes, ponds, and water courses are limited to a property owner or resident, a member of the property owner’s or resident’s immediate family, and one guest.
• Each property owner/resident is allowed one boat in any lake, pond, or water course at one time.
• Boats must be stored out of sight of lakes, ponds, or water courses and from streets.
• Boats must be no longer than sixteen feet and no wider than four feet.
• Boats, boat covers, or any other items used in conjunction with boats must be maintained in neat and attractive condition and out of sight of streets.
Boat fishing in Hidden Lake, Hickory Head Lake, Lake Jeanette, and Fawn Creek Lake is limited to owners of lots that abut them. Other SCPOA members are permitted to fish from dams or docks constructed on any common area adjacent to these lakes.
Activity on or around lakes must not disturb the peace, quiet, safety, comfort, and enjoyment of occupants of the surrounding property and the golf course.


Docks

Owners with a contiguous lake frontage of 100 feet or more have the right to construct and maintain one floating dock on the lake to which the lot abuts. Docks must meet specifications established by the BOD or the CRB.

• Prior to dock construction, the property owner must secure a revocable dock permit from the SCPOA and pay a dock permit fee. The permit is renewable on an annual basis, subject to payment of the permit fee and adherence to dock construction, maintenance, and upkeep standards.
• Docks are to be wooden and may incorporate benches and structures approved by the Construction Review Board.
• Plans and specifications for all docks must be approved by the CRB in writing.
• Modifications to an approved plan require the written consent of the BOD.
• Each dock must have a walkway that rises and falls with the water level.
• Docks may not be larger than 6’ by 12’ and may not extend more than 9’ from the lake’s high water mark. Docks may not exceed 2’ above the high water mark.
• A dock is to be maintained by the owner of the lot for whose benefit the dock was constructed, and maintenance is to meet standards required by the BOD.


SCPOA Rules Enforcement

In accordance with the CC&Rs, the SCPOA, acting through its BOD, is charged with the responsibility of enforcing the CC&Rs, bylaws, and rules and regulations.

To ensure compliance for the benefit of all property owners, the SCPOA will investigate all alleged violations. A property owner wishing to report a violation should submit a written complaint to the SCPOA. Only written complaints will be reviewed.
If the BOD determines that a violation exists, the following procedures will be followed.

1. Use Restriction Violations

• Courtesy Reminder Notice
Upon a violation of a use restrictions rule, a COURTESY REMINDER NOTICE will be issued to the property owner citing the violation and stating the corrective action that must be taken and the time allowed.

• First Written Notice
If, after the time allowed for correcting an infraction cited in a courtesy reminder, the violation has not been corrected or if there is a another violation, a FIRST WRITTEN NOTICE of disciplinary action will be issued to the property owner. With this notice, a fine for the offense will be levied.

If the infraction involves the maintenance or appearance of property, the SCPOA may, as its option without liability to the owner or occupant in trespass or otherwise, enter upon a property and cause any weeds, grass, and landscaping to be cut, pruned, or removed, as the case may necessitate, and may remove or cause to be removed such garbage, trash, or rubbish as has accumulated thereon. Additionally, the association may do anything necessary to secure compliance with these restrictions so as to place the property in a neat, attractive, healthful, and sanitary condition. Any costs incurred for securing such compliance, including the cutting, trimming, pruning, or removal of weeds, grass, landscaping, or such garbage, trash, or rubbish as may be removed, may be charged to the owner occupant of the property for the cost of such work so long as the fee does not exceed a charge of two hundred and fifty dollars ($250) adjusted by a percentage equivalent to the percentage increase in the consumer price index (CPI) for Atlanta, Georgia since the base year of 1992. By purchase or occupancy of property, the owner or occupant agrees to pay such statement immediately upon receipt thereof, and such payments made by association shall be secured by a lien in the same manner as general assessments paid the association.

• Subsequent Written Notices
If timely corrective action is not taken following a first written notice or there is another violation, or if the fine levied with the first written notice has not been paid in the time allowed, a SECOND WRITTEN NOTICE will be sent to the property owner. With this notice and, if necessary, each SUBSEQUENT WRITTEN NOTICE, if timely corrective action has not been taken or there is another violation, or if the fine levied in the previous written notice has not been paid in the time allowed, the fine will be increased as shown below. Written notices will continue to be sent according to this procedure until appropriate corrective action is taken and all fines are paid.

2. Vehicle and Traffic Violations

• Courtesy Reminder Notice
A COURTESY REMINDER will be issued for a violation of a vehicle or traffic rule. This courtesy reminder will serve as a warning and will remain in effect for a probationary period of six (6) months.

• First Written Notice
A vehicle or traffic violation within the six month period following a courtesy reminder will result in a FIRST WRITTEN NOTICE and a fine. With a first written notice the six-month probationary period will reset to the date of the second violation.
Note: If a first offense involves excessive speeds or reckless driving, the first step of a courtesy reminder will not apply, and a citation serving as a FIRST WRITTEN NOTICE with an accompanying fine will be issued, and a six-month probationary period will begin.

• Subsequent Written Notices
A vehicle or traffic violation occurring within a six-month probationary period following any written notice will result in ANOTHER WRITTEN NOTICE, and the accompanying fine will increase as shown below. The six-month probationary period will reset to the date of the latest violation

3. Golf Cart Violations

There is no courtesy reminder for the violation of a golf cart rule. A first violation of the rule requiring SCPOA registration of a golf cart or similar vehicle or the rule specifying the qualifications for the operator of a golf cart or other approved small vehicle will result in a FIRST WRITTEN NOTICE and a fine. The amount of the fine for a first offense and for any subsequent offense by any member of the same household is shown below.

4. Construction Violations

• Courtesy Reminder Notice
Upon a violation of a construction rule (new construction, additions, swimming pools, walls and fences, landscaping, etc.), a COURTESY REMINDER NOTICE will be issued to the property owner citing the violation and stating the corrective action that must be taken and the time allowed.
Violations of rules applying to construction will be addressed by the BOD on a case-by-case basis, and actions necessary to correct a violation will be determined by the BOD.

• First Written Notice
Failure to comply with a requirement made in a courtesy reminder will result in a FIRST WRITTEN NOTICE of disciplinary action, and a fine for the offense will be levied.
• Subsequent Written Notices

If timely corrective action is not taken following a first written notice, or if the fine levied with the first written notice has not been paid in the time allowed, a SECOND WRITTEN NOTICE will be sent to the property owner. With this notice and, if necessary, each SUBSEQUENT WRITTEN NOTICE, if timely corrective action has not been taken, or if the fine levied in the previous written notice has not been paid in the time allowed, the fine will be increased as shown below. Written notices will continue to be sent according to this procedure until appropriate corrective action is taken and all fines are paid.

5. Violations Requiring Immediate Attention

Some violations involve activities deemed to be serious enough to require immediate corrective action. In these cases where safety or peace and quiet are compromised by the actions of a property owner or visitor, the process of notifications and response times will not be applicable. A VERBAL NOTICE to the offender will take the place of a written notice, and a failure to immediately comply will result in a fine assessment. The amount of the fine will be determined by the nature of the infraction.

Willful and purposeful acts of vandalism committed by Stone Creek residents or their guests causing damage to property or annoyance to other residents or guests will result in an immediate VERBAL NOTICE and a fine to the property owner in an amount deemed appropriate by the SCPOA BOD.


Fines

The BOD has authority to establish amounts of fines for violations of rules and regulations. The fine for the first violation of a golf cart rule has been set at $100 by the BOD, and the fine for all subsequent golf cart violations by any member of the same household has been set at $500 each. Fines for violations of all other rules will be determined by the BOD on a case by case basis. A fine must be paid within a period of ten (10) days from the date of assessment. If unpaid at that time the fine will increase by an amount equal to the original fine.

Each property owner, by acceptance of a deed or contract for deed, agrees to pay the SCPOA any specific assessment for fines as may be imposed in accordance with Article II, Section 7 of the Master Declaration of Covenants, Conditions, and Restrictions of the SCPOA. Pursuant to Article VII, Section 3 of the Master Declaration of Covenants, Conditions, and Restrictions of the SCPOA, all such assessments, together with simple interest at the rate of eighteen percent (18%) per annum, costs and reasonable attorney’s fees shall be a continuing lien upon the lot against which each assessment is made.


Appeals

Within the period of time prescribed for corrective action in a courtesy reminder or a written notice, the property owner may submit a written appeal to the BOD or request a hearing before the BOD to appeal the action. Any assessed fine will be postponed until it is upheld or dismissed through the appeal process. A ruling on a written appeal will be made within ten (10) days. If a hearing is requested, it will be scheduled within fifteen (15) days, and the property owner must attend and must submit an appeal to the alleged violation in writing. A panel consisting of members of the BOD will review the allegation and the appeal and make a determination as to the imposition, reduction, or dismissal of any disciplinary action.

The property owner will have ten (10) days from the date an appeal ruling is made to pay any fine and all costs related thereto that may result from the appeal. A failure to make this payment will result in an increase in the fine as described above.


Owners and Tenants

Property owners are responsible for the actions of their tenants and will receive any notice of rules violations by the tenants. Property owners will be accountable for ensuring that any required corrective action is taken within the time period allowed.

 

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