Duluth UDC § 508.01

a. Membership in the homeowner’s association must be mandatory for each property in the development. b. Such associations must also include homeowner’s declaration and bylaws, including covenants, conditions and regulations applicable to each property in the development. c. The declaration and bylaws shall be enforced by the Association or by an Association Management Company designated by them, which shall have the power to compel the payment of membership dues and assessments. d. The homeowners' association shall be formed under the provisions of the Georgia Property Owners’ Association Law (O.C.G.A. § 44-3-220, et seq.) and shall contain adequate provisions to qualify it as a “holder” under the Georgia Uniform Conservation Easement Law (O.C.G.A. § 44-10-1, et seq.) if it is to act as a holder of a conservation easement. e. The documents creating the homeowner’s association must provide that an adequate reserve fund for the association will exist at the time that control of the association transfers from the developer to the purchasers of homes in the development. The reserve fund must be equal to no less than two months’ payment of the normal monthly dues assessment per dwelling unit established by the association, times the number of existing dwelling units. f. The covenants, conditions and regulations shall, at a minimum, regulate and control the following: 1. Equal access and right of use to all shared facilities; 2. Perpetual and continued maintenance of open and shared space, specifically including storm water detention facilities; 3. Tax liability in the case of default; 4. The method of assessment for dues and related costs; 5. Where appropriate, party wall maintenance and restoration in the event of damage or destruction; 6. Animals, including household pets; 7. Signs; 8. Exterior items such as fences, lawn ornaments, landscape areas and buffers; 9. Building improvements; 10. Outside storage; 11. Overnight parking of vehicles; 12. Decorations and holiday lighting; and 13. Trash collection containers. 158 | P a g e Article Five. Subdivisions and Planned Developments g. For subdivisions, the homeowner’s association must be formed and incorporated at the same time a final plat for the subdivision or any portion of the subdivision is first recorded. A copy of the proposed homeowner’s association documents is to be submitted with an application for final subdivision plat approval.