Turtle Cove

Property Owner's Association

Telephone:  (706) 468-8805
Fax:  (706) 468-9355

E-Mail:  turtlecovepoa@bellsouth.net

8.01  Purpose of Dues and Assessments

The dues and assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the Owners and, in particular, for the improvement and maintenance of the Common Properties devoted to this purpose and services related to the use and enjoyment of the Common Properties and of the Lots and Living Units.

8.02  Amount of Dues

(a)  Basic dues of $55.00 per year shall be assessed against each Lot or Living Unit and shall be paid by the Owner thereof to the Association.  If two Owners of record (other than husband and wife) own a Lot or Living Unit, the basic dues of $55.00 per year shall be assessed against such Lot or Living Unit and paid by one such Owner, and in addition thereto supplemental dues of $125.00 per year shall be assessed against such Lot or Living Unit and paid by the other such Owner.  No further dues shall be assessed against any Lot or Living Unit; however, if any Lot or Living Unit is owned by more than two Owners, the right to use and enjoy the Common Properties as provided in Subsection 3.02 above shall be limited to two of such Owners, and all further Owners of such Lot or Living Unit and their family members and guests shall not be permitted to use the Common Properties in any manner.  In the case of a Lot or Living Unit owned by more than two Owners, all such Owners shall deliver to the Association a joint written designation of the two Owners who shall be entitled to use and enjoy the Common Properties.  For purposes of this paragraph a husband and wife who jointly own a Lot or Living Unit shall be deemed to be one Owner.

(b)  Any Owner or Owners who together own the entire fee interest in a Lot or Living Unit and who together also own the entire fee interest in one or more additional Lots or Living Units shall be entitled to designate one additional family unit for each such Lot or Living Unit, by delivering written notice of such designation to the Association, and each additional family unit so designated shall be entitled to use and enjoy the Common Properties to the same extent as any Owner.  Provided, however, that regardless of the number of owners who shall own an interest in any Lot or Living Unit at any given time, the privilege to use and enjoy the Common Properties shall be exercisable by only one family unit for each Lot or Living Unit during any given year.  This privilege of the Owner or Owners of two or more Lots or Living Units so to designate one additional family unit for each additional Lot or Living Unit shall run with the title to each such Lot or Living Unit and upon sale of such Lot or Living Unit shall pass to the new Owner or Owners, whereupon the family unit so designated with respect to such Lot or Living Unit by the former Owner or Owners thereof shall cease to have any right to use and enjoy the Common Properties.

(c)  Notwithstanding anything herein to the contrary, the Developer shall not be required to pay any dues or assessments of any nature; in lieu thereof the Developer has covenanted to set aside, improve, and convey to the Association the Common Properties as provided in Section 3 above.

(d)  After consideration of current maintenance costs and future needs of the Association, the Board may reduce the amount of dues to any amounts less than the dues otherwise applicable.

The dues shall apply to each calendar year beginning with 1972 and shall be fully paid for each year on or before March 1 of that year.  Provided, however, that the dues assessed against any Lot or Living Unit shall begin only with the year during which such Lot or Living Unit is purchased from the Developer, and if such purchase is closed after June 30 of that year, the dues otherwise assessed against such Lot or Living Unit for that year shall be reduced by fifty (50) percent.

8.04  Increase in Dues

The Board may increase the dues prospectively at any time, provided that (i) any such increase must be first approved by the affirmative vote to two-thirds of the votes of the Class A Members entitled to vote and present in person or by proxy and actually voting in person or by proxy at a meeting thereof duly called for such purpose; (ii) any such increase shall apply to a period of three consecutive calendar years, and the dues with respect to such three years shall not be further increased; and (iii) in any case the dues set forth in Subsection 8.02 above shall apply to the calendar years 1972, 1973, and 1974, and the dues for such three years shall not be increased.

The Board may provide for the collection of garbage, trash and other refuse, the installation and maintenance of water-supply and sewage-disposal systems, the maintenance of water quality in the bodies of water within and adjacent to the Properties and the environmental quality of adjacent shorelines, the protective maintenance of Lots, and similar services.  The Board may assess the Owners for these services, on the basis of benefits received, and add the charges therefor to the dues provided in Subsection 8.02, 8.03, and 8.04 above, provided that no special assessment for services shall commence prior to July 1, 1975; no approval by the Class A Members shall be required for a special assessment for services.

In addition to the dues provided in Subsection 8.02, 8.03, and 8.04 above and to assessments for services authorized by Subsection 8.05 above, the Board may levy in any calendar year a special assessment, applicable to that year only, for the purpose of defraying in whole or in part the cost of any construction, reconstruction, unexpected repair or replacement of a described Facility, including the necessary fixtures and personal property related thereto, provided that (i) any such assessment shall have been approved by the affirmative vote of two-thirds of the votes of the Class A Members entitled to vote and present in person or by proxy and actually voting in person or by proxy at a meeting thereof duly called for such purpose; and (ii) no special assessment for capital improvements shall be levied prior to July 1, 1975.

(a)  If the Board shall determine to increase the dues or levy a special assessment for capital improvements, the Board shall promptly call a special meeting of the Class A Members for the purpose of voting upon such determination; the Board shall send written notice of the time, place, purpose and call of such meeting to all Members not less than thirty (30) days prior to the date of such meeting.

(b)  A quorum for the transaction of business at any such meeting shall consist of Class A Members present in person or by proxy who are entitled to cast thirty percent (30%) of all the votes which the Class A Members are then entitled to cast if all were present.  If such quorum is not present in person or by proxy, the Board may call one or more additional meetings for the same purpose (upon the same 30 days' advance written notice) at which the required quorum in each case shall be one-half the quorum required at the last previous meeting, provided that no such meeting shall be held more than sixty (60) days after the last previous such meeting.

(a)  The Board shall prepare and shall at all times maintain a roster of the Lots and Living Units and the dues and assessments currently applicable thereto, which shall be kept in the office of the Association and shall be open to inspection by any Owner at reasonable hours.  Not less than thirty (30) days before the payment date of any dues increase or the effective date of any special assessment, the Board shall prepare a new roster of the Lots and Living Units reflecting such dues increase or such assessment and send written notice of the change to every Owner subject thereto.

(b)  Upon demand and upon payment of a service charge not greater than $1.00, the Board shall at any time furnish to any Owner liable for a special assessment for capital improvements a certificate in writing signed by an officer of the Association, stating whether said assessment has been paid.  Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

(a)  By acceptance of a deed or other conveyance of a Lot or Living Unit, every Owner (other than the Developer) shall be deemed to covenant and agree to pay the Association all dues and assessments from time to time fixed, established and levied in the manner prescribed in this Section, whether or not so expressed in any such deed or conveyance.  All such dues and assessments, together with interest thereon and costs of collection as provided below, shall be the personal obligation of every person who was the Owner in whole or in part of the Lot or Living Unit against which the same was assessed in each case at the time the same became due and payable.  This personal obligation shall remain the personal obligation of every such person for so long as permitted by law, whether or not such person sells or assigns his interest in such Lot or Living Unit and whether or not any such purchaser or assignee assumes such personal obligation.  All such dues and assessments, together with interest thereon and costs of collection as provided below, shall also be a charge on the land and shall be a continuing lien upon the Lot or Living Unit against which the same was assessed in each case; such lien shall bind the Lot or Living Unit in the hands of the Owner or Owners thereof, their heirs, successors and assigns.

(b)  Any dues or assessment not paid within thirty (30) days after the due date thereof shall bear interest from the due date thereof until paid at the rate of seven percent (7%) per year.  The Association may bring an action to collect the amount due against any person subject to a personal obligation to pay the same (as described in the preceding paragraph) or may foreclose the lien against the Lot or Living Unit covered thereby or exercise the power of sale thereof as provided in the next succeeding paragraph; in any such case there shall be added to and collected along with the amount otherwise due the cost of preparing and filing and prosecuting the complaint in such action and/or the foreclosure of the lien or the sale under power, including reasonable attorney's fees.

(c)  If any dues or assessment is not paid within thirty (30) days after the due date thereof, the Association shall be authorized to sell any Lot or Living Unit bound by the lien thereof at Public sale before the courthouse door of Jasper County, Georgia, or at such other place as may be directed according to law, to the highest bidder for cash, after advertising the time, place, and terms of sale once a week for four weeks immediately preceding such sale in any newspaper published or having general circulation in said county, all other notices being hereby expressly waived; the Association is hereby constituted and appointed the true and lawful attorney in fact for said Owner to sell such Lot or Living Unit in accordance herewith and to execute and deliver to the purchaser at such sale such conveyances as will effectively divest all right, title or equity of the Owner in and to said property in as full and ample manner as the Owner could do in person.  The proceeds of said sale are to be applied to the payment of such dues or assessment, interest, and expenses of said sale (including fees of attorneys, if incurred, to the amount of fifteen (15%) per centum of the debt) the remainder, if any, to be paid to the Owner.  The Association may bid and purchase at said sale.  In the event of such sale, the Owner, or any other persons in possession of said premises, shall immediately become tenants holding over and shall be subject to summary dispossession.  The powers herein granted are coupled with an interest and are irrevocable by death or otherwise, and are cumulative to other remedies now provided by law.

The lien for dues and assessments shall be subject and subordinate to the lien of any mortgage or security deed or contract seller's interest now or hereafter placed upon any Lot or Living Unit subject to dues and assessment; provided, however, that such subordination shall apply only to the dues and assessments which have become due and payable prior to a sale or transfer of such Lot or Living Unit pursuant to a decree of foreclosure or any other proceeding in lieu of foreclosure or a sale under power.  Such sale or transfer shall not relieve such Lot or Living Unit from liability for any dues or assessments thereafter becoming due or from the lien thereof.