RULES AND REGULATIONS
BUCKHORN PROPERTY OWNER’S ASSOCIATION, INC.

(Please Note: These online rules and regulations of Buckhorn Estates are not  official,  but are here on this website for informational use only.  Any errors and omissions are not the responsibility of Buckhorn Estates  POA. Please refer to your hard copy or contact Buckhorn Estates POA  for  any questions. Thank you.)

Click here for a .pdf file of the Rules and regulations of Buckhorn Estates. (Adobe Reader is required)


HEADQUARTERS
P. O. BOX 600
EAST ELLIJAY, GEORGIA  30539

PREFACE

Buckhorn Property Owners Association, Inc. has the responsibility to adopt and  enforce rules and regulations by virtue of the establishment of the  Association by the Covenants on each parcel of land and the by-lays of  the established Association.  Article Six of the by-laws state:  The Board of Directors shall have the authority to make, modify, repeal, and  enforce reasonable rules and regulations governing the conduct, use, and enjoyment of Lots, the Common Area and the Area of Common  Responsibility; provided, copies of all such rules and regulations shall be given to all Owners and Occupants.

The Rules and Regulations of the Association are binding on all Lot Owners  as well as any quests, tenants, contractors or suppliers of the Lot  Owners.  The Lot Owner is responsible for advising any quests, tenants,  contractors or suppliers of the rules including providing a copy of same as an attachment to any lease or construction agreements.  Any actions  taken as a result of violation of the Rules and Regulations such as  fines will be levied against the Lot Owner.  These Rules and Regulations  are not intended to replace, nor are they in excess of, the established  covenants and restrictions, which are common to each particular lot.  It  is the responsibility of each Lot Owner to know what the lot covenants  and restrictions are and to adhere to them.

When writing a rule, the Board Rules Committee first determines if the rule  is necessary by investigating and determining if there is a problem that is not covered by existing public laws or current Rules and Regulations of the Association.  The Committee will evaluate any alternative  solutions, and then conduct any research necessary by reviewing the  governing documents.  Draft rules will be presented to the Board of  Directors in writing by the Chairman of the Rules and Regulations  Committee and posted in the minutes.  Upon approval of the addition or  modification of any rule by the Board all Lot Owners shall be notified  in writing by mail of the revisions.  All final rules additions or  modifications shall be in the Board minutes.

If the Board ever makes an exception to a rule for any Lot Owner, it will  investigate and consider all facts, determine the violations effect on  the community, document the decision including why and how the decision  was reached, state if the  decision applies to all Lot Owners, and update the rule accordingly.

    ARTICLE 1  LOT REGULATIONS

    Section 1.  Pets and Other Animals:

    No animals or fowl shall be maintained or kept on any lot or parcel of  land except household pets, which must be confined to the owner’s lot or parcel unless such pet is on a leash or under direct supervision of  said owner or his agent while in the subdivision.  Persistent barking  which creates a public nuisance constitutes a violation.
    Violations: 1st offense, written warning.  2nd offense, $1000 fine.  Thereafter, legal action.

    Section 2.  Firearms, hunting and trapping:

    Firearms shall not be discharged in the Buckhorn subdivision unless used for  self-defense.  No hunting or trapping of any kind is allowed within  Buckhorn subdivision unless prior written approval is granted by the  Board of Directors.  Violations:  1st offense, written warning.  2nd offense, $100 fine.  Thereafter, referral to proper authority.

    Section 3.  Solicitation of/by Lot Owners:

    Solicitation of Lot Owners or employees, either on a door-to-door or personal basis  by an organization or individual coming on the lot, shall be prohibited  unless approved by the Board of Directors.  Solicitation of sales or  contributions by Lot Owners shall be prohibited in common  areas.  Solicitation of sales or contributions at a community gathering  must be approved in advance by the BPOA Board of Directors.  Solicitation by the Association shall not be subject to this rule.

    Section 4.   Advertising:

    No Lot Owner or real estate company directional signs displaying lots or  house for sale are allowed on BPOA right of ways.  However, the BPOA has  standardized signs available for use at main intersections.  Please call  (706)636-3889 for more information.

    No advertising activity of any kind shall be allowed on any parcel of land or lot, except one sign of no more than four square feet advertising  the lot or parcel of land for sale or lease by the owner thereof, or  such owner’s agent.  Violations:  1st offense, written warning.  2nd  offense, removal of signs by any member of the Board of  Directors.  Thereafter, legal action.

    Section 5.   Lot Usage:

    All lots within the Buckhorn subdivision shall be used for residential  purposes only.  The leasing or rental of property for a period of less  than six (6) months is not permitted and the advertising of such is  prohibited.   Violations   1st offense, written warning.  Thereafter, action deemed necessary by the Board of Directors.

    Section 6.  Camping:

    Camping is prohibited within Buckhorn Estates.  Violations:  1st offense, written warning.  Thereafter, $100 fine per incident.

    ARTICLE II

    LOT MAINTENANCE AND CONSTRUCTION REGULATIONS

    Section 1.   Lots, Yards, Grounds and Landscaping:

    Lot Owners are responsible for keeping their lots in a natural and  attractive condition.  Improved lots shall be kept weeded, trimmed and  free of erosion and debris.  No parcel or lot of land shall be used or  maintained as a dumping ground for rubbish or trash, garbage or other  waste, including, but not limited to, junk vehicles of any sort and  household waste.  Said lots and parcels shall be kept clean and in  sanitary condition.  Violations:  1st offense, written warning.   2nd offense, $100 fine.  Thereafter, action deemed necessary by the Board of Directors.

    Section 2.   Septic System

    In accordance with current Gilmer County and State of Georgia Official  Environmental Health Regulations, building lot owners who have septic  system in use are responsible for proper maintenance to ensure its  correct operation.  The Lot Owner is responsible for all costs incurred  to ensure correct and proper maintenance.  Violations:  Immediate referral to the proper authority.

    Section 3. Driveway Connection and Culverts:

    The BPOA reserves the right to determine the type, length, diameter and  location of driveway connection and culverts to be installed in or  adjacent to BPOA right-of-ways before they are installed.  Driveway  connection to BPOA roadway shall not intrude onto road surface.  Storm  water runoff from driveways shall be diverted away from BPOA  roadway.  Lot Owners are responsible to ensure that the proper size  culvert is installed and that it functions properly.  This means  verification from a member of the Soil and Conservation or Health and  Environmental Offices, or other public offices deemed with control and  expertise in Gilmer County.  Violations:  Immediate referral to the State of Georgia Environmental Protections Agency.

    Section 4.   Lot Identification:

    During and after construction the E911 identification number must be displayed on all improved lots at the main entrance to the property where it is  visible to the main road.  The E911/Gilmer County authority issues this  number.

    Section 5.   Architectural Committee:

    All architectural plans must be submitted to the Architectural Committee prior to any excavation pursuant to BPOA Bylaws.  BEFORE ANY GROUND BREAKING BEGINS, YOU MUST CALL (706)636-3889.

    Section 6.   Erosion Prevention:

    All Lot Owners must conform to all county soil and sanitation regulations  with regard to the prevention of soil erosion due to the grading of any  lot.  Violations:  Immediate referral to the State of Georgia Environmental Protection Agency.

    Section 7.   Construction Permits:

    A BPOA Construction Approval Permit must be obtained from the BPOA  Architectural Review Committee through the BPOA office before any  initial construction activity, ground disturbance, tree clearing or any  modifications to the outside of existing structures begins.  The BPOA  Construction Approval Permit and a Gilmer County building permit must be posted at the lot entrance to the property and be visible from the  roadway.  In order to be validly issued, this permit must be in  compliance with Article II, Sections #8, 9, 10, 11 as amended, must be  shown and continued compliance with same bust be given.

    For these purposed, construction activities include but are not limited to:

  • *grading or disturbing land area of any type totaling more than 500 square feet
  • *installing driveways and/or culverts
  • *modifying or altering any existing improvements
  • *placing any type of building materials, fencing, out building, pet pens or houses, and antennas  over 25 feet high on a lot which are visible from the lot boundaries
  • *erecting any structure or placing any prefabricated structures other than RVs as permitted
  • Elsewhere in the Rules and Regulations, on the land
  • *any other activity that requires a County Building Permit

Section 7 (a) Construction Permit Fee.

A fee of $250 is payable at the time of application for a construction  permit. The Board reserve the right to amend this fee in the future.

This rule will come into effect on April 14, 2019.

Violations:  1st offense, written warning.  2nd offense, $1000 fine.  Thereafter, legal action.

Section 8.   Trash Receptacles on Construction Sites:

Trash receptacles must be placed on all approved construction sites, and the  site must be kept neat and adjacent road free of debris.  Violations:  1st offense, written warning.  2nd offense, $100 fine.  Thereafter, action deemed necessary by the  Board of Directors.

Section 9.  Burning:

No outside burning is permitted in the subdivision.  This rule applies before, during and after construction.  No burning is allowed by Lot Owners at any time.  The ONLY exception is during construction, a single fire contained in a burn  barrel, fitted with an expanded metal screen cover on top is  permitted.  An attendant shall monitor the fire and shall extinguish it  prior to leaving site.  In addition to the foregoing, State of Georgia  Department of Natural Resources associated rules and regulations shall  be adhered to, and permit obtained when required.  The content of the  fire in this Section may be small limbs, scrubs, vegetation and/or  non-plastic, non-toxic, wood and paper construction debris.  Absolutely,  no plastics, toxins nor any material emitting fumes or an odor shall be  permitted.  Violations: 1st offense, written warning.  2nd offense, $1000 fine.

Section 10.  Temporary Toilet Facilities:

Temporary commercial toilet facilities shall be provided on construction sites  from the time of initial grading to the time that the Count Building  Inspector approves permanent toilet facilities for use.  Violations:  Immediate referral to Gilmer County Health Dept.

Section 11.   Roadway Weight Limits:

The weight limit on BPOA roadway is 16,000 pounds for a single axle, 26,000 pounds for a dual axle truck.  Concrete delivery shall be limited to  seven yards per truck  BPOA roadways are private and use is by permit.  Violation of weight limitations may result in the revocation of access.

Section 12.  Construction Completion:

All construction and landscaping must be completed within one (1) year  after initial construction approval is granted by the BPOA.  Violations:  1st offense, written warning.  2nd offense, action deemed necessary by the Board of Directors.

Section 13.   Lighting:

The use of lighting installed on utility poles on BPOA right of way is  prohibited.  The several existing lights are grandfathered in place as of the date of adoption of this rule but are subject to be shielded or  removed if complaints by members of the Association cannot be resolved  otherwise.

ARTICLE III

VEHICLE PARKING REGULATIONS

Section 1.  Parking of Vehicles:

  • Private Property:  
  • Vehicles shall be parked only on driveways and parking areas.  Arrangements for  special parking must be obtained for special occasions from the BPOA in  writing.  Violations:  1st offense, written warning.  Thereafter, $100 fine each occurrence.
  • Type of Vehicles:
  • Automobiles, vans, pick-up trucks, motorcycles, ATVs, and golf carts may be on the  Lot Owners Property outside a garage provided that each shall display a  current tag as may be required.  Any other type of vehicle must be parked inside a closed garage.  No habitation of any vehicle is permitted at  any time.  Violations:  1st offense, written warning.  Thereafter, $100 fine each occurrence.

Recreational vehicles are specifically prohibited by the Buckhorn Declaration of  Restrictions and shall be defined as a vehicle portable structure built  on a chassis, designed to be used as a temporary dwelling for travel and recreational purposed and/or a boat or its trailer.

  • Junk Vehicles:
  • No junk vehicles or stored vehicles shall be parked outside a closed  garage in the subdivision. For purposed of this regulation, junk  vehicles and stored vehicles are vehicles in any one or more of the  following categories:
  • Not fully and readily operational (i.e. flat tires, no engine, etc.)
  • In various stages of repair more than thirty days.
  • Not currently licensed for operation on State or Federal highway and do not have current tags displayed.
  • Violations:  1st offense, written warning.  Thereafter, $100 fine each occurrence.

  • Construction Equipment:
  • Construction related vehicles and equipment (bulldozers, loaders, dump trucks, etc.) associated with an active construction project shall be stored at or  near the project provided they are not stored more than thirty (30)  consecutive days on the lot, and are not on a roadway right-of-way  overnight.  Equipment with other than rubber tires will not be allowed to operate on BPOA roadways without pavement protection provided.  Violations:  1st offense, written warning.  Thereafter, $1000 fine each occurrence.  In  addition, any damage caused to the roads by construction activity must  be repaired at Lot Owner’s expense.
  • Construction Parking on Roadway Right-Of-Way and in Parking Lots:
  • Vehicles temporarily parked on roadway Rights-of-Way as a result of construction activity must not impede traffic, cause a safety hazard, damage the  shoulder or damage shoulder plantings.  The Lot Owner responsible for  authorizing the vehicle to enter the subdivision shall be responsible  for any damage.  Violations:  The Lot Owner will be subject to any vehicle towing expense for himself or the quest.
  • ARTICLE IV

    VEHICLE MOVING VIOLATIONS

    Section 1.  Traffic Violations:

    Any vehicle operator, and/or the Lot Owner responsible for admission of  that operator shall operate that vehicle in a safe manner as required by any Georgia Motor Vehicle Stature.  The speed limit of all BPOA roadways is 15 miles per hour.  Violations:  1st offense, written warning.  2nd offense, $100 fine.

    Section 1.   All Terrain and Other Off-Road Vehicles:

    No ATVs, dirt bikes, go-carts or similar vehicles are allowed on or off any roads in Buckhorn Estates.  Violations:  1st offense, written warning.  2nd offense, $500 fine.  Thereafter, legal action.

    ARTICLE V

    USE OF COMMON PROPERTY

    Section 1.  Use of Amenities:

    The Common Property and amenities are available for use by all Lot Owners  in good standing. The Lot Owner is responsible for the conduct of all  family members and quests. Violations of the Rules and Regulations  will subject the violator and/or the Lot Owner to assessments and/or  suspension of the use of the amenities.

    ARTICLE VI

    WARNING NOTICES AND HEARINGS

    Lot Owners are encouraged to solve problems first amongst themselves  whenever possible.  If a public county law is being violated, as in the  case of criminal activity, silt run-off from disturbed land, unapproved  burning, or failure to provide commercial toilet facilities on a  construction site, the issue should be referred to the appropriate  public authorities immediately.

    Section 1.  Warning Notices:

    Any Lot Owner witnessing a violation of the Association Rules and  Regulations should contact a Member of the Board of Directors.  The  contacted Director should complete a violation form and submit it to the Board of Directors through the Secretary.  The Secretary shall maintain a log of complaints submitted, actions taken and status of outstanding  complaints.

    Once the Board receives the notice of violation, the Secretary should send a notice form to the Lot Owner identified as responsible for the  violation.  A first violation notice should include the specific rule  that has been violated, a 10 day period in which to comply, a method for achieving compliance, any potential penalties, and a method in which  the Lot Owner may contact a member of the Board of Directors in order to discuss the violations.

    Section 2.  Hearings:

    If after the 10 day time period the violation has not been resolved or the Lot Owner has failed to contact a member of the Board of Directors, the issue shall be taken to the Board of Directors at the next scheduled or called Board meeting.  The Lot Owner will be notified of this by  certified mail and may attend to provide any additional information.  The Lot Owner should be advised that the hearing would proceed in the Lot  Owner’s absence.

    At this hearing, the Board should review the complaint and accept any  input from the Lot Owner.  After doing so, the Board should convene in  executive session to determine what if any, action to take to enforce  compliance.

    After any discussion and upon reaching a consensus, the Board should exit  executive session and entertain a motion for action to be taken on the  issue.   After a vote is taken, a notice of determination should be sent  to the Lot Owner stating the outcome by certified mail.  Fines and other  actions taken by the Board of Directors shall be consistent with those  defined in the Rules and Regulations.

    Each case shall be judged on its individual merits, and any previous  enforcement of the same or similar violations shall not be binding upon  the Board in its decision.  Any prior Board decision shall not be  considered a new rule unless it is agreed to in the normal process of  motion, vote, and documentation.

    Section 3.  Fines:

    Fines not paid within thirty (30) days after notification of the amount due  shall accrue interest at a rate of 10% per annum.  Unpaid fines will  result in liens against the lot, and liens may be foreclosed at the  discretion of the BPOA Board of Directors.

    ARTICLE VII

    MISCELLANEOUS

    Section 1.  Adoption of Rules:

    The Board of Directors of BPOA shall adopt rules as deemed appropriate by  which the operations of the Association shall be conducted and the  relationships of the Association with Lot Owners and other persons and  groups shall be maintained.

    Any Lot Owner of the Association as well as members of the Board of  Directors may propose a rule alteration, addition or  deletion.  Recommendations for rule changes shall be submitted in writing to the President of the Board of Directors.  If the rule proposal is  considered to be an appropriate course of action for the Association  after preliminary consideration, the rule shall be prepared in the  format appropriate for the Board Policy Manual and submitted to the  Board for a Public Reading during the Public Session of the Board  Meeting.

    Adoption by the Board of Directors of a new or revised rule officially repeals  all other rules and Executive Memorandums or parts thereof which are  inconsistent with the most recently adopted rule.

    It is the intent of the BPOA that the herein Rules and Regulations, as  amended, shall be held constitutionally viable and valid, hence, it is  the intent of the BPOA that if any  Article, Section, or portion of this  document should at any time in the future become, or be held, vague,  ambiguous, unconscionable or unconstitutional, same portion shall be  considered, sectionalized, and compartmented from the rest of this  document, in such manner that any such diverse holding shall have no  adverse affect upon other Articles, Sections or portions herein setout  above.

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*  Buckhorn Estates Property Owners Association Ellijay, Georgia  *