LMGHA COVENANT SUMMARIES, (11/16/17)
MEMBERSHIP, ARTICLE III:
–Every owner is a member of the HOA.
–All owners are equal members for voting purposes.
–There is only one vote per Lot.
–If there is more than one owner of a lot, all owners are members of the HOA. However, there is only one vote per lot.
ASSESSMENTS, DUES, ARTICLE III:
–Each lot is obligated to pay any and all of the following assessments, if applicable.
–Lake lot assessment
–Private Drive/street assessment
–Special assessment for capital improvements.
–The annual and special assessments are a continuing lien on the property.
–The owner(s) of each lot is responsible for the assessments when due.
–When the property is sold the outstanding assessments are not passed to the new owner.
–The assessments are for the improvements and maintenance of the common areas and private drives.
–Assessments are also used to promote recreation, health, safety and welfare of the residents.
–The annual assessment may not increase by more than 5% unless approved by 2/3 of the membership at a special meeting.
–The voting at this meeting may be in person or proxy.
–The Board of Directors may increase the annual assessment by 5% or less.
–The HOA may levy a one year special assessment to help defray the costs of construction, reconstruction, repair or replace a capital improvement of the Common Area or Private Drives.
–This assessment must be approved by 2/3 of the members at a special meeting. The voting at this meeting may be in person or by proxy.
–Notice of a special meeting must be by a written notice to all owners.
–The notice must be not less than 30 days or more than 60 days before the meeting.
–A quorum consists of members appearing in person or by proxy.
–The amount of the annual and special assessment is the same for each lot. The assessments may be collected monthly.
–Written notice of the assessment amounts must be sent out 30 days before the assessment period.
–The Board of Directors shall fix the amount and due date.
–The HOA will furnish, at a reasonable cost, a certificate stating if the annual assessments are paid or outstanding. (Estoppels letter)
–Assessments not paid within 30 days after the due date are considered past due.
–Legal action may be taken on outstanding assessments.
–The HOA can charge 10% interest annually on outstanding assessments.
–The sale or transfer of the property does not relieve the liability of outstanding assessments from the original owner.
–Outstanding assessments are not passed on to the new owner.
LAKE ASSESSMENTS, ARTICLE VIII:
–The Lake Lot owners (104 lots) pay half of the annual cost of lake maintenance (drainage/flood control).
–Non-lake lot owners (310 lots) pay the other half of the annual cost of lake maintenance (flood control).
MANAGEMENT, COMMON AREAS & STREETS, ARTICLE VI:
–The HOA is responsible for maintaining all Common Areas and Streets.
–The HOA may adopt reasonable rules and regulations concerning use of the Common Areas and Streets that are binding upon all members.
–The HOA must maintain adequate insurance policies for public liability, fire, and extended casualty on the Common Area and Streets.
–The HOA must pay the real property ad valorem taxes, if any, assessed against property owned by the HOA.
–Any improvements to the Common Areas and Streets requires approval from the ACC.
–All capital improvements to the Common Area and Streets requires the approval of 2/3 of the votes entitled to be cast.
MANAGEMENT, LAKES, ARTICLE VIII:
–The State of Florida classifies our lakes as retention ponds that serve as part of the overall drainage/flood control system. Therefore, all 414 homeowners must share the costs of lake maintenance.
–The formula for the shared costs of lake maintenance is as follows. Lake lot owners (104) pay 50% of the annual cost, while non-lake lot owners (310) pay the other 50%.
–Owners of Lake Lots are solely responsible for the cost of maintenance for their lake embankments.
MANAGEMENT, STREETS, ARTICLE IX:
–The HOA is responsible for maintenance of all 26 private streets, including adopting and enforcing rules and regulations for their use and levying assessments for their maintenance.