Selectve Enforcement

I received a denial letter from the RRC Reviewer stating: White is not an approved as a body color nor brick paint. I showed my BOARD and their attorney at my appeal hearing, eight other white homes and painted brick. The When my wife told the CMA secretry there are other white homes in the neighbrhood, she said, You don't know their situations." Perhaps they have liens or fines etc.

At the appeal meeting, I mentioned the house my wife referred to. I asked the Board if my wife and I were allowed to know other homeowner's situations. They immediatley said, No. I then explained that the CMA lady has been telling other homeowners MY business regarding my paint non-approval.

The CMA lady said she wouldn't have approved the house for the color called, SNOW BOUND, for their white brick because she didn't work in the neighborhood at that time. I then pulled out the homeowner's approval letter to paint it white with the CMA lady's name on it for approval. Hush went over the crowd.

The HOA president said the ARC reviewer "unofficailly" doesnt all colors between 254 and 274. I informed her that the approval you allowed this house is SNOW BOUND and is #255, within the range she said wasn't allowed. It appears the ARC reviewer DID allow this color and WAS approved.

So when the CMA lady told my wife we didn't know their situation, she was hidng the fact that they were approved but we are not.

In fact, I knew all the situations from each of the eight white homes. NONE had violation letters. One homeowner told me he didn't put in a request nor asked permission. His huse has been stark white for THREE years.

The HOA attorney was not prevy to the covenants and said my color, Alabaster, is not allowed. When I asked where that was written, she said it's not, and doesn't have to be. I was told four different reasons as to why my house should be denied, but each one was disproven by me. Not once did the Board mention my denial letter Reason from the ARC reviewer nor did they use facts to defend the ARC reviewer's reason.

Finally, the CMA lady said the ARC allows certain colors in certain sections of the neighborhood and that didn't have to be written in the covenants either. So, I proved my denial letter to be false, the BOARD finally agreed on a reason that wasn't written and no meeting minutes were taken, other than the voting to deny my appeal. I never received a formal written statement as to why I was denied.

My neighborhood doesn't have an approved list of colors.

Thanks for the message. Problem is, the denial letter from the ARC reviewer was ignred at my appeal hearing. The BOARD decided to allow me to disprove what was written and came up with four other reasons I should be denied. ALL of which were either disproven or unwritten.

You are missing the ARC denial REASON. It says no white body paint....I proved there were several homes with that scheme. The BOARD made up reasons to deny without using facts. I proved my side and that the letter I received was not correct. They denied me witjout doing due diligence nor giving me a reason that is backed by the covenants. They also brought in lawyers way before mediation and ignored letters.

Thx for your feedback. I am disputing attormey fees and to do that...we have to explain how we got there. Thanks for your opinion.

Right after I sent two letters to resolve issues, the HOA hired an attorney to send me demand letter and charged me the fees. Then the attorney came to my appeal meeting. Very threatening and biased right away and charged me the lawyer's travel expenses and for her being there.

14.1. Agreement to Encourage Resolution of Disputes Without Litigation.
(a) Declarant, the Association and its officers, directors, and committee members, all
Persons subject to this Declaration, and any Person not otherwise subject to this Declaration who
agrees to submit to this Article (collectively, "Bound Parties"), agree that it is in the best interest
of all concerned to encourage the amicable resolution of disputes within Bentwater without the
emotional and financial costs oflitigation. Accordingly, each Bound Party agrees not to file suit
in any court with respect to a Claim described in subsection (b), unless and until it has first
submitted such Claim to the alternative dispute resolution procedures set forth in Section 14.2 in
a good faith effort to resolve such Claim.

In addition, the Association and Declarant shall have the authority and standing to pursue
all available legal and equitable remedies to enforce the provisions of this Article and the
Reviewer's decisions and the Association may levy other sanctions as provided in Article VII. If
the Association or Declarant prevail, they may recover all costs including, without limitation,
attorney's fees and court costs incurred in such enforcement action

All remedies set forth in the Governing Documents are in addition to any remedies
available at law or in equity. In any action to enforce the Governing Documents, if the
Association prevails, it shall be entitled to recover all costs, including, without limitation,
attorneys' fees and court costs, reasonably incurred in such action.

7.6. Indemnification ofOfficers Directors· and Others.
Subject to Georgia law, the Association shall indemnify every officer, director, and
committee member against all damages and expenses, including attorneys' fees, reasonably
incurred in connection with any action, suit, or other proceeding (including settlement of any suit
or proceeding, if the then Board of Directors approves) to which he or she may be a party by
reason of being or having been an officer, director, or committee member, except that such
obligation to indemnify shall be limited to those actions for which liability is limited under this
Section.

8.8. Obligation for Assessments.
(a) Personal Obligatjon. Each Owner, by accepting a deed or entering into a
Recorded contract of sale for any portion of Bentwater, covenants and agrees to pay all
assessments authorized in the Governing Documents. All assessments, together with interest
(computed from its due date at a rate of 12% per annum or such higher rate as the Board may
establish, subject to the limitations of Georgia law), late charges as determined by Board
resolution, costs, and reasonable attorneys' fees, shall be each Owner's personal obligation and a
lien upon each Unit until paid in full. Upon a transfer of title to a Unit, the grantee shall be
jointly and severally liable for any assessments and other charges due at the time ofconveyance.

e payment of delinquent assessments, as well as all interest, late charges, and costs of
collection (including attorneys' fees). Such lien shall be superior to all other liens, except (a) the
liens of all taxes, bonds, assessments, and other levies which by law would be superior, and
(b) the lien or charge of any Recorded first Mortgage (meaning any Recorded Mortgage with first
priority oYer other Mortgages) made in good faith and for value. Such lien may be Recorded and
enforced by suit, judgment, andJ'udicial or nonjudicial foreclosure.

Each party shall bear its own costs of the mediation, including attorneys' fees, and each
Party shall share equally all fees charged by the mediator.

(d) Settlement. Any settlement of the Claim through negotiation or mediation shall
be documented in writing and signed by the parties. If any party thereafter fails to abide by the
tenus ofsuch agreement, then any other party may file suit or initiate administrative proceedings
to enforce such agreement without the need to again comply with the procedures set forth in this
Section. In such event, the party taking action to enforce the agreement or award shall, upon
prevailing, be entitled to recover from the non-complying party (or if more than one noncomplying party, from all such parties in equal proportions) all costs incurred in enforcing such
agreement or award, including, without limitation, attorneys' fees and court costs

So far, none of what you quoted appears to me to give the Board the legal right to assess you for attorney fees in this dispute.

Please quote Article VII in its entirety.

stevedrooney@gmail is my email if you want to see the Covenants. I appreciate the feedback.

Article VII Association Powers and Responsibilities
7.1. Acceptance and Control ofAssociation Property.
(a) The Association may acquire, hold, mortgage or otherwise encumber, lease (as
lessor or lessee), operate, and dispose of tangible and intangible personal property and real
property, subject to the provisions of Sections 17.5 and 19.4, The Association may enter into
leases, licenses, or operating agreements for portions of the Common Area, for consideration or
no consideration as the Board deems appropriate, to pennit use ofsuch portions of the Common
Area by others.

(b) Declarant and its designees may convey to the Association, and the Association
shall accept, personal property and/or fee title, leasehold, or other property interests in any
improved or unimproved real property described in Exhibits "Allor fiB." Upon Declarant's
written request, the Association shall reconvey to Declarant any unimproved portions of the
Common Area originally conveyed to the Association for no consideration, to the extent
Declarant conveyed such Common Area in error or to the extent necessary for Declarant to make
minor adjustments in property lines.

(c) The Association shall be responsible for management, operation, and control of
the Common Area, subject to any covenants and restrictions set forth in the deed or other
instrument transfening such property to the Association. The Board may adopt such reasonable
rules regulating use ofthe Common Area as it deems appropriate.

7.2. Maintenance ofArea ofCommon Responsibility.
The Association shall maintain, in accordance with the Community-Wide Standard, the
Area ofCommon Responsibility, which shall include, but need not be limited to:
(a)
(b)
Bentwater;
the Common Area;
landscaping and sidewalks within public rights-of-way within or abutting
(c) all ponds, streams, creeks, and/or wetlands located within Bentwater which serve
as part of the storrnwater drainage system for Bentwater, including improvements and equipment
installed therein or used in connection therewith; and
(d) such portions of any additional property which may be dictated by Declarant, this
Declaration, any Supplemental Declaration, or any contract, covenant, or agreement the
Association enters into (or which Declarant enters into on the Association's behalf).
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The Association may maintain other property which it does not own, including, without
limitation, property dedicated to the public, if the Board determines that such maintenance is
necessary or desirable to maintain the Community-Wide Standard, The Association shall not be
liable for any damage or injury occurring on or arising out of the condition of property which it
does not own except to the extent that it has been negligent in the perfonnance ofits maintenance
responsibilities.
The Association shall maintain the facilities and equipment within the Area of Common
Responsibility in continuous operation, except for any periods necessary, as determined in the
Board's sole discretion, to perform required maintenance or repairs, unless Voting Members
representing 75% of the Class "A" votes in the Association and the Class "B" Member, if any,
agree in writing to discontinue such operation.
Except as provided above, the Area of Common Responsibility shall not be reduced
except with Declarant's prior written approval as long as Declarant owns any real property
described in Exhibits nA" or "B."
The costs associated with maintenance, repair, and replacement of the Area of Common
Responsibility shall be a Common Expense; provided, the Association may seek reimbursement
from the owner(s) of, or other Persons responsible [or, certain portions ofthe Area of Common
Responsibility pursuant to this Declaration, other Recorded covenants, or other agreements with
such owner(s). Maintenance, repair, and replacement of Limited Common Areas shall be a
Neighborhood Expense assessed to the Neighborhood(s) to which the Limited Common Areas
are assigned, notwithstanding that the Association may be responsible for perfonning such
maintenance hereunder.

7.3. Insurance.
(a) Required Coverages. The Association, acting through its Board or its duly
authorized agent, shall obtain and continue in effect the following insurance, if reasonably
available or, ifnot, the most nearly equivalent coverages as are reasonably available:
(i) Blanket property insurance covering "risks of direct physical loss" on a
lIspecial form" basis (or comparable coverage by whatever name denominated) for all insurable
improvements on the Common Area and within the Area of Common Responsibility to the
extent the Association has assumed responsibility in the event of a casualty, regardless of
ownership. If such coverage is not generally available at reasonable cost, then "broad form"
coverage may be substituted. All property insurance policies obtained by the Association shall
have policy limits sufficient to cover the full replacement cost ofthe insured improvements under
current building ordinances and codes; . (ii) Commercial general liability insurance on the Area of Common
Responsibility, insuring the Association and its Members for damage or injury caused by the
negligence of the Association or any of its Members, employees, agents, or contractors while
acting on its behalf If generally available at reasonable cost, such coverage (including primary
and any umbrella coverage) shall have a limit of at least $1,000,000.00 per occurrence with
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respect to bodily injury, personal injury, and property damage; provided, should additional
coverage and higher limits be available at reasonable cost, in the judgment of a reasonably
prudent person, the Association shall obtain such additional coverages or limits;
(iii) Workers compensation insurance and employers liability insurance, if and
to the extent required by law;
(iv) Directors and officers liability coverage; and
(v) Commercial crime insurance, including fidelity insurance covering all
Persons responsible for handling Association funds in an amount deternlined in the Board's best
business judgment. but not less than an amount equal to one-quarter of the arumal Base
Assessments on all Units plus reserves on hand. Fidelity insurance policies shall contain a
waiver of all defenses based upon the exclusion ofPersons serving without compensation.
The Board, in its business judgment, may obtain additional insurance coverage and
higher limits.
Premiums for all insurance on the Area of Common Responsibility shall be a Common
Expense, except that (i) if, pursuant to a Supplemental Declaration, the Association provides for
property insurance on Units within a Neighborhood, such premiums shall be a Neighborhood
Expense; and (ii) premiums for insurance on Limited Common Areas may be included in the
Neighborhood Expenses of the Neighborhood(s) to which such Limited Common Areas are
assigned unless the Board reasonably determines that other treatment of the premiums is more
appropriate.
(b) Policy Requirements. The Association shall arrange for an annual review of the
sufficiency of its insurance coverage by one or more qualified Persons, at least one of whom
must be familiar with insurable replacement costs in the Paulding County area. The Association
shall make available within Bentwater certificates of insurance for inspection and copying by
each Member.
The policies may contain a reasonable deductible and the amount thereof shall not be
subtracted from the face amount of the policy in determining whether the policy limits satisfy the
requirements of Section 7.3(a). In the event ofan insured loss, the deductible shall be treated as
a Common Expense or a Neighborhood Expense in the same manner as the premiums for the
applicable insurance coverage. However, ifthe Board reasonably detennines, after notice and an
opportunity to be heard in accordance with the By-Laws, that the loss is the result of the
negligence or willful misconduct of one or more Owners, their guests, invitees, or lessees, then
the Board may assess the full amount ofsuch deductible against such Owner(s) and their Units as
a Specific Assessment.
(c) Restoring Damaged Improvements. In the event of damage to or destruction of
Common Area or other property which the Association is obligated to insure, the Board or its
duly authorized agent shall file and adjust all insurance claims and obtain reliable and detailed
estimates ofthe cost ofrepairing or restoring the property to substantially the condition in which
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it existed prior to the damage, allowing for changes or improvements necessitated by changes in
applicable building codes.
Damaged improvements on the Common Area shall be repaired or reconstructed unless
Voting Members representing at least 75% of the total Class "A" Yotes in the Association, and
the Class HB" Member, if any, decide within 60 days after the loss not to repair or reconstruct. If
either the insurance proceeds or estimates of the loss, or both, are not available to the Association
within such GO-day period, then the period may be extended for a reasonable period of time to
permit funds or infonnation to be made available. No Mortgagee shall have the right to
participate in the detennination ofwhether the damage or destruction to the Common Area shall
be repaired or reconstructed.
If a decision is made not to restore the damaged improvements, and no alternative
improvements are authorized, the affected property shall be cleared of all debris and ruins and
thereafter shall be maintained by the Association in a neat and attractive condition consistent
with the Community-Wide Standard.
The Association shall retain, for the benefit of all Members, or Owners within a particular
Neighborhood, as appropriate, any insurance proceeds remaining after paying the costs of repair
or reconstruction, or after such settlement as is necessary and appropriate. The Association shall
place such proceeds in a capital improvements account. This is a covenant for Mortgagees'
benefit that the Mortgagee of any affected Unit may enforce.
If insurance proceeds are insufficient to cover the costs of repair or reconstruction, the
Board may, without a vote of the Voting Members, levy Special Assessments to cover the
shortfall against those Owners responsible for the premiums for the applicable insurance
coverage under Section 7.3(a).
7.4. Compliance and Enforcement.
(a) Every Owner and occupant of a Unit shall comply with the Governing
Documents. The Board may impose sanctions for Governing Document violations, which
sanctions include those listed below and any others described elsewhere in the Governing
Documents. The Board may establish a range of penalties for different violations, with
violations of the Declaration, unsafe conduct, and harassment or intentionally malicious conduct
treated more severely than other violations. The following sanctions require prior notice and an
opportunity for a hearing in accordance with the By-Laws:
(i) imposing reasonable monetary fines which shall constitute a lien upon the
violator's Unit (fines may be imposed within a graduated range). (In the event that any occupant,
guest, or invitee of a Unit violates the Governing Documents and a fine is imposed, the fine shall
first be assessed against the violator; provided, if the violator does not pay the fine within the
time period the Board sets, the Owner shall pay the fine upon notice from the Board);
(ii) suspending an Owner's right to vote (except that no notice or hearing is
required ifthe Owner is more than 60 days delinquent in paying any Base Assessment);
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(iii) suspending any Person's right to use Common Area amenities (except that
no notice or hearing is required if the Owner is more than 30 days delinquent in paying any
assessment or other charge owed the Association); provided, the Board may not limit ingress or
egress to or from a Unit;
(iv) suspending any services the Association provides (except that no notice or
hearing is required if the Owner is more than 30 days delinquent in paying any assessment or
other charge owed to the Association);
(v) exercising self-help or taking action to abate any violation of the
Governing Documents Decuning on a Unit in a non-emergency situation (including removing
personal property that violates the Governing Documents);
(vi) requiring an Owner, at its own expense, to remove any structure or
improvement on such Owner's Unit in violation of the Governing Documents and to restore the
Unit to its previous condition and, upon an Ownds failure to do so, the Board or its designee
shall have the right to enter the property, remove the violation, and restore the property to
substantially the same condition as previously existed and any such action shall not be deemed a
trespass;
(vii) without liability to any Person, precluding any contractor, subcontractor,
agent, employee, or other invitee of an Owner who fails to comply with the terms and provisions
of Article N and the Architectural Guidelines from continuing or perfonning any further
activities in Bentwater; and
(viii) levying Specific Assessments to cover costs the Association incurs in
bringing a Unit into compliance with the Governing Documents.
(b) In addition, the Board may enforce the Governing Documents without the
necessity of compliance with the procedures set forth in the By-Laws:
(i) exercising self-help or taking action to abate any violalion on a Unit in any
emergency situation. An emergency situation shall include any situation where the passage of
time or the requirement of process would render enforcement ineffective (e.g., towing vehicles
that are in violation of parking rules and regulations);
(ii) exercising self-help or taking action to abate a violation on the Common
Area under any circumstances; or
(iii) bringing suit at law or in equity to enjoin any violation, to recover
monetary damages, or both.
In addition to any other enforcement rights, if an Owner fails to perform his or her
maintenance responsibility properly, the Association may Record a notice of violati011 or perform
such maintenance responsibilities and assess all costs the Association incurs against the Unit and
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the Owner as a Specific Assessment. Except in an emergency situation, the Association shall
provide the Owner reasonable notice and an opportunity to cure the problem prior to taking such
enforcement action.
All remedies set forth in the Governing Documents are in addition to any remedies
available at law or in equity. In any action to enforce the Governing Documents, if the
Association prevails, it shall be entitled to recover all costs, including, without limitation,
attorneys' fees and court costs, reasonably incurred in such action.
(c) The decision to pursue enforcement action in any particular case shall be left to
the Board's discretion, except that the Board shall not be arbitrary or capricious in taking
enforcement action. Without limiting the generality of the foregoing sentence, the Board may
detennine that, under the circumstances of a particular case:
(i)
further action~
the Association's position is not strong enough to justify taking any or
(ii) the covenant, restriction, or rule being enforced is, or is likely to be
construed as, inconsistent with applicable law~
(iii) although a technical violation may exist or may have occurred, it is not of
such a material nature as to be objectionable to a reasonable person or to justify expending the
Associationls resources; or
(iv) it is not in the Association's best interests, based upon hardship, expense,
or other reasonable criteria, to pursue enforcement action.
Any decision to not enforce shall not be construed as a waiver of the Association's right
to enforce such provision at a later time under other circumstances or preclude the Association
from enforcing any other covenant, restriction, or rule.
The Association, by contract or other agreement, may enforce county ordinances, if
applicable, and Paulding County may enforce its ordinances within Bentwater.
7.5. Imolied Rights' Board Authority.
The Association may exercise any right or privilege given to it expressly by, or
reasonably implied from, the Governing Documents, or reasonably necessary to effectuate any
such right or privilege. Except as otherwise specifically provided in the Governing Documents
or by law, the Board may exercise all of the Association's rights and powers without a vote of the
membership.
The Board may institute, defend, settle, or intervene on the Association's behalf in
mediation, binding or non-binding arbitration, litigation, or administrative proceedings in matters
pertaining to the Area of Common Responsibility, enforcement of the Governing Documents, or
any other civil claim or action. However, the Governing Documents shall not be construed as
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creating any independent legal duty to institute litigation on behalf of or in the name of the
Association or its Members.
In exercising the Association's rights and powers, making decisions on the Association's
behalf, and conducting the Association's affairs, Board members shall be subject to, and their
actions shall be judged in accordance with, the standards set forth in Section 3.25 of the ByLaws.
7.6. Indemnification ofOfficers Directors· and Others.
Subject to Georgia law, the Association shall indemnify every officer, director, and
committee member against all damages and expenses, including attorneys' fees, reasonably
incurred in connection with any action, suit, or other proceeding (including settlement of any suit
or proceeding, if the then Board of Directors approves) to which he or she may be a party by
reason of being or having been an officer, director, or committee member, except that such
obligation to indemnify shall be limited to those actions for which liability is limited under this
Section.
The Association's officers, directors, and committee members shall not be liable for any
mistake ofjudgment, negligent or otherwise, except for their own individual willful misfeasance,
malfeasance, misconduct, or bad faith. The Association's officers and directors shall have no
personal liability with respect to any contract or other commitment made or action taken in good
faith au the Association's behalf (except to the extent that such officers or directors may also be
Members).
The Association shall indemnify and forever hold each such officer, director, and
committee member hannless from any and all liability to others on account of any such contract,
commitment, or action. This right to indemnification shall not be exclusive of any other rights to
which any present or fenner officer, director, or committee member may be entitled. The
Association shall, as a Common Expense, maintain adequate general liability and officers' and
directors' liability insurance to fund this obligation, ifsuch insurance is reasonably available.
7,7. Safety and Security.
Each Owner and occupant of a Unit, and their respective guests and invitees, shall
be responsible for their own personal safety and the security of their property in
Bentwater. The Association may, but shall not be obligated to, maintain or support certain
activities within Bentwater designed to enhance the level of safety or security which each
Person provides for himself and his property. Neither the Association nor Declarant shall
in any way be considered insurers or guarantors ofsafety or security within Bentwater, nor
shall either be held liable for any loss or damage by reason of failure to provide adequate
security or ineffectiveness ofsecurity measures undertaken.
No representation or warranty is made that any systems or measures, inclUding any
mechanism or system for limiting access to any portion of Bentwater, cannot be
compromised or circumvented, nor that any such systems or security measures undertaken
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will in all cases prevent loss or provide the detection or protection for which the system is
designed or intended. Each Owner acknowledges, understands, and shall be responsible
for informing its tenants and all occupants of its Unit that the Association, its Board and
committees, and Declarant are Dot insurers or guarantors of security or safety and tbat
each Person within Bentwater assumes all risks of personal injury and loss or damage to
property, including Units and tbe contents of Units, resulting from acts of third parties.
7.8. Provision of Services.
The Association may provide, or provide for, services and facilities for the Members and
their Units, and may enter into and tenninate contracts or agreements with other entities,
including Declarant, to provide such services and facilities. The Board may charge use or service
fees for any such services and facilities provided at an Owner's option, or may include the costs
thereof in the Association1
s budget as a Common Expense and assess it as part of the Base
Assessment if provided to all Units. By way of example, such services and facilities might
include landscape maintenance, pest control, cable television, security, caretaking, transportation,
fire protection, utilities, trash collection, and similar services and facilities.
Nothing in this Section shall be construed as a representation by Declarant or the
Association as to what, if any, services shall be provided, and each Owner acknowledges that
services such as those described above are not typically provided to detached, single family
homes. In addition, the Board may modify or cancel existing contracts for services in its
discretion, unless the provision of such services is othelWise required by the Governing
Documents. Non-use of services provided to all Owners or Units as a Common Expense shall
not exempt any Owner from the obligation to pay assessments for such services.
In any contracts or agreements with third parties for the provision of services within
Bentwater, the Association may assign to the service provider the right to bill Owners directly
and to pursue all legal or equitable remedies otherwise available to the Association in the
collection ofsuch bills.
7.9. Powers ofthe Association Relating to Neighborhoods.
A Neighborhood Committee is an Association committee. The Board shall have all of
the power and control over Neighborhood Committees that it has over other Association
committees.
The Association may require that a Neighborhood Association take specific action in
connection with its obligations and responsibilities, such as requiring that specific maintenance
or repairs or aesthetic changes be made and requiring that a proposed budget include certain
items and that expenditures be made therefor. A Neighborhood Association shall take such
action within the reasonable time frame the Association sets. If the Neighborhood Association
fails to comply, the Association may act on behalf of the Neighborhood Association and levy
Specific Assessments to cover the costs, as well as an administrative charge and sanctions.
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7.10. Relationships with Other Properties.
The Association may enter into contractual agreements or covenants to share costs with
any neighboring property or the Golf Club to contribute funds for, among other things, shared or
mutually beneficial property or services and/or a higher level ofCommon Area maintenance.
7.11. Facilities and Services Open to the Public.
Declarant or the Board may designate certain facilities and areas within Bentwater as
open for use and enjoyment by the public. Such facilities and areas may include, by way of
example: greenbelts, trails and paths, parks, and other neighborhood spots conducive to
gathering and interaction, roads, sidewalks, and medians. At the time of Recording this
Declaration, except as may otherwise specifically be provided, no specific plans exist 10 open
facilities for public use.
7.12. Use ofSwimming Pool and Other Recreational Facilities.
(a) Each Owner acknowledges that certain recreational facilities, including, but
not limited to, a swimming pool, have been or shall be provided within Bentwater for the
use and enjoyment of the Owners, their families, tenants, other occupants of a Unit, the
guests of any such Persons, and "Recreational Members" (as defined below). Each Owner
hereby acknowledges tbat there are risks associated with the use of sucb recreational
facilities and that all users of such facilities are solely responsible for such risk. Each
Owner, by accepting a deed to a Unit, acknowledges that he or she has not relied upon the
representations of Declarant or tbe Association with respect to the safety of any
recreational facilities provided within Bentwater.
The Association may employ or otherwise provide, from time to time, one or more
lifeguard(s) at any Bentwater swimming pool. Each Owner acknowledges that the presence of a
lifeguard shall not create a duty on the part of Declarant or the Association in favor of the users
of the swimming pool to provide for, insure, or guarantee the safety of such use. Each Owner
acknowledges that the presence of a lifeguard shall not in any way alter the risks assumed by
each Owner, his or her family members, tenants, other occupants of Owner's Unit, and guests of
any such Persons, which risks shall continue to be assumed by the user ofthe swimming pooL
(b) The Bentwater community swimming pool and related recreational facilities may
be located on property owned by the Golf Club and leased to the Association. Pursuant to such
lease, and except as provided in Section 7.2, the Association shall maintain and continuously
operate the facilities as Common Area for the use and benefit of the Owners, their families,
tenants, other occupants of a Unit, the guests of any such Persons, and the Recreational
Members. Such lease shall renew automatically at the end of each stated tem1, unless othetwise
tenninated by the Association. All Owners, and other permitted users, shall have an easement of
access, use, and enjoyment in and to such facilities subject to the same conditions and limitations
as apply to Common Area generally, as set forth in Section 11.1. The Board may enact
reasonable rules and regulations governing the use ofsuch facilities.
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(c) Upon request by Declarant, for so long as Declarant owns property described in
Exhibits "Au or "B," the Association shall issue "Recreational Memberships" in and to the
Bentwater community swimming pool and related recreational facilities to up to 200 persons
who are not owners or residents of Bentwater ("Recreational Members"). The Association shall
issue the memberships for an initial fee which is equal to one-quarter of the annual Base
Assessment per Unit for the year in which the membership is issued. Recreational Memberships
shall pennit the Recreational Member and the members of his or her family to use Bentwater
recreational facilities subject to the same limitations and restrictions as apply to the Owners, and
subject to the payment of an annual membership fee.
A Recreational Membership shall tenninate automatically if the Recreational Member is
delinquent by more than 30 days in the payment of the annual membership fee. In addition,
Recreational Memberships may be tenninated or suspended by the Board for violations of
applicable rules and regulations or for any other reason (including, but not limited to, the Board's
decision to tenninate Recreational Memberships generally). Recreational Memberships may not
be transferred, assigned, or conveyed and shall be specific to the Recreational Member only.
Recreational Memberships shall not run with title to property the Recreational Member owns.
Recreational Members shall not be Members ofthe Association and shall not have voting
or other rights granted to Members under the Governing Documents. The rights of Recreational
Members shall be limited to the use of the Bentwater community swimming pool and related
recreational facilities as set forth above. The Association may enact rules, regulations, and
procedures governing the administration ofthe Recreational Membership program, including, but
not limited to, issuing and requiring the presentation ofmembership cards as a condition to using
the facilities.
7.13. Archeological. Historical. and Cultural Sites.
Certain areas within Bentwater (including portions of Units) may be designated by
Declarant as areas of arCheological, historical, or cultural significance (e.g., areas containing
remains of Indian settlements). Such sites shall be subject to protection and restriction by the
Association and no action shall be taken in disturbance ofsuch sites without the written approval
of the Association and Declarant, for so long as Declarant owns property described on Exhibits
"AU or "B." The Association may provide, or provide for, the maintenance, preservation, and
protection of such sites as a Common Expense and may contract with, or othetwise cooperate
with, one or more tax-exempt entities for the maintenance, preservation, and protection of such
sites.
Article VIn Association Finances

stevedrooney@gmail is my email if you want to see the Covenants. I appreciate the feedback.

Post-o. I meant to say:

The parties are not in court.

SteveR11,

I am only going to address the attorney fees for now. Here's the letter I recommend you write:

Dear Board of Directors,

The covenants permit the assessment of attorney fees to an individual owners only under certain conditions. None of these conditions have been met. Please remove the assessment of the HOA's attorney fees to my lot by March 31, 2021.

Thank you for your assistance as the HOA and I seek an "amicable resolution" (quoting CC&R Article 14.1).

Name
address
email
phone

After March 31 passes, post back.

I can almost guarantee the Board will refuse to remove the assessment; you will have to threaten a lawsuit; and you will have to pay money to an attorney to write a demand letter. Why can I guarantee this? Because HOA boards use the cost of attorney fees to individual owners to get their way, regardless of whether the Board is legally right or wrong.

There is little justice in such situations. It is the way the United States is set up when it comes to ARC disputes.

I think you have to make a decision about how much time and money you want to spend here.

I am not persuaded the Board has followed the rules.

I agree with all else I quoted above from LoriM15.