Our initial scan found 4 potential issues in your governing documents.
We checked the 3 public PDFs on Bent Tree Community’s website against current Georgia and federal HOA law—and more issues may exist depending on the documents you load.
✓Rules & Enforcement Policies✓Association Bylaws✓CC&Rs / Declaration+ Add up to 10 PDFs in Full Analysis
Community Rules, Architectural & Enforcement Policies · Sec. Amended Rules and Regulations, Schedule of Fines Section IV · Page 1
Clause permits fining, privilege suspension, or utility termination without express recorded instrument authorization or mandatory written notice and opportunity to be heard under O.C.G.A. § 44-3-223.
Operative Clause · Sec. Amended Rules and Regulations, Schedule of Fines Section IV (Page 1)
“Schedule of Fines for Unauthorized Tree Cutting and Common Property Alterations — The Board of Directors has established a Schedule of Fines under which unauthorized cutting or topping of trees on a…”
Why It’s Flagged
O.C.G.A. § 44-3-223
O.C.G.A. § 44-3-223: Every owner and occupant must comply with the recorded instrument, bylaws, and rules and regulations, and the association is empowered to impose fines or suspend voting rights or rights to use common areas only "to the extent provided in the instrument." Board-adopted rules cannot independently create fining power where the recorded Declaration does not authorize fines, and Georgia law requires reasonable prior written notice of the alleged violation and an opportunity to be heard before a fine or suspension becomes final (and utility termination under O.C.G.A. § 44-3-223 / § 44-3-76 requires strict compliance with final judgment and utility notice procedures).
Sample Discussion Wording for HOA Counsel
For Board & Counsel Review
1Pursuant to O.C.G.A. § 44-3-223, the Board of Directors may impose reasonable fines or suspend an Owner's right to vote or use Common Areas only as expressly authorized by the recorded Declaration.
2Prior to imposing any fine or suspension for a non-monetary covenant violation, the Association shall provide the Owner at least 10 days' written notice specifying the alleged violation, the proposed sanction, and the opportunity to request a hearing before the Board of Directors.
REMAINING INITIAL FINDINGS & FULL DOCUMENT SET
3 Additional Issues Flagged in Initial Scan
Unlock exact page coordinates, statutory citations, and counsel discussion notes for all 3 remaining issues—plus load up to 10 PDFs for complete review.
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