Bylaws
1: Voting
Any matter that alters, amends, rescinds or changes the Declaration of Covenants in any way will be voted on through the mail so as to give all members the opportunity to cast their vote(s). Voting will be in accordance with the formula set forth in the Declaration. The ballot, (or ballots for those holding more than one parcel) must be returned within 14 days after being received to be counted. Voting for HMPOA officers will be held in the same manner. If for any reason an officer resigns their post a replacement officer will be chosen by the remaining officers. Any matter that alters, amends, rescinds or changes the By-Laws will be voted on in accordance with the formula set forth in the Declaration. These By-Laws may be amended at the yearly business meeting, a quorum being present, by an affirmative vote of seventy five percent (75%) of the members (ie votes) present. If a quorum is not present the vote will be taken by mail as set forth above. A quorum being thirty percent (30%) of votes. Proposed by-law amendments must be submitted to HMPOA officers a minimum of 30 days in advance of the meeting.
2: Road, easement, path, trail, common area policy
No petroleum powered recreational vehicles, including but not limited to 4-wheelers, ATVs or off road motorcycles are allowed on any Hardwood Mountain Preserve road, path, easement or common area. Work vehicles used in the maintenance and upkeep of said areas are excepted. Electric golf carts, hiking and cycling are allowed. These restrictions do not apply to members use of easements located on property that they own .
Amendments 3: Pavilion use policy
For large gatherings reserve through the HMPOA group page. Please be sure the pavilion will be needed on reserved date so as not restrict other use. User is responsible for complete clean up after use. Absolutely no littering, including cigarette butts. Parking for pavilion use on HMPOA property ONLY. (The “island”) Do not block the path running through the “island”. Large vehicles encouraged to use the ford. No vehicles to travel beyond the pavilion entrances. (Those that own land beyond the pavilion and their guests excepted, of course)
4: Grace Period Addendum
The grace period for paying assessments is to be extended from 30 days to 90 days.
5: Multiple Parcel Owners
For parcel owners that own more than one parcel only a single assessment is required.
6: Special Variance
Rescinded as per yearly meeting 2019
7: Place of meetings
H.M.P.O.A. Meetings will be held at our pavilion unless otherwise stated in the “Notice of meeting”. All meetings will be held on Hardwood Mountain property.
8: Removal of officers/directors
H.M.P.O.A. Officers/directors may be removed from office with a vote of 75%.
9. Communicating with HMPOA
Official correspondence with HMPOA to be through US postal service.
10. Member called special meetings
Special meetings may be called by members with a written request signed by at least 4 members. Voting and quorum subject to by-law #1 standards.
11.Amended Covenant
The amended covenant, as found on bamaland.com, is hereby incorporated into the bylaw.
12. Small Livestock Guidelines
Four sheep or goats per open pasture acre are allowed. Four goats per well fenced wooded acres allowed.
13. Horse Riding Guidelines
Horse riding permitted on Reburn Rd; Frances Rd, Reburn Path from the bridge to the south side of Cheatwood Creek, also Frances Path from the Island to the wood line. If “road apples”(manure) issues arise, riders are responsible. Also permitted on the island and Campground. Riding also allowed in our remaining path/trail easements provided that a separate trail is established and maintained by the riders. (Easements are 50 ft wide, 25 ft on either side of the existing paths/trails) Riding is not permitted on paths/trails already established .
14. Variance:
Short term rentals are allowed for the Albea property. No guest are allowed on any other part of HMP unless accompanied by one of the owners. All other provisions of the Covenant and Bylaws apply to any guests.