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The HOA and You - a review of Who, What, When, Where, Why and How it was formed.

Magnolia Ridge is a Planned Unit Development (Residential) or PUD certified by the City Engineer to have met all the requirements and approvals of the City of Fayetteville, Georgia Code of Ordinances.  Magnolia Ridge properties are zoned R-22, R-30 and R-40.  Subdivision plats are recorded with the Fayette County, Georgia Clerk of Courts. 

All common open space in the PUD was deeded by the developer to Magnolia Ridge Homeowners Association, Inc., for the operation and maintenance of the open space for the benefit of the residents.   By Code, membership in the Association is mandatory and automatic for all subdivision homeowners and their successors.  All properties in the PUD are subject to private deed covenants running with the land that assure the continuance of the PUD as originally approved and developed.

By Code, the Association is liable for the adequate financing to discharge its responsibilities.  The Association has the lien authority to ensure the collection of assessments from all members.  In the event the Association fails to maintain the common open space, the City may order the Association to maintain same, or may enter upon the common open space and maintain same, with the cost assessed against the properties within the PUD.

Magnolia Ridge Homeowners Association, Inc., was incorporated in 1998 as a Georgia nonprofit corporation and made expressly subject to the Georgia Property Owner’s Association Act, as set forth in Official Code of Georgia Annotated (§44-3-220, et seq.).  These enabling authorities specify the powers of the Association, governing through its Board of Directors, to maintain and administer the community properties and facilities, as well as administer and enforce protective covenants. 

The Association’s Residential Declaration of Protective Covenants, Conditions and Restrictions (the Declaration) as well as its Bylaws comply with and conform to both City and State Code.  The Declaration and Bylaws are binding on all Owners, Lessees, Licensees and Occupants.  By Code, and the Declaration and Bylaws, the Association’s Board is granted the authority to enact rules and regulations which are also binding on all Owners, Lessees, Licensees and Occupants.