An HOA’s main purpose is to uphold and enrich property values by enforcing the HOA Covenants and by maintaining common areas. An HOA is a non-profit organization with a leadership team, the HOA Board of Directors. A person, or business, that buys a home in the HOA automatically becomes a member of that HOA, and is subject to the Covenants, ByLaws and Design Standards of the HOA.
HOA Members are permitted to view certain records and meeting minutes per GA law governing Non-Profit Corporations. These include HOA Board Meting Minutes, including documents as specified in the Bylaws, page 8, Article 5, Section 8), Committee Meeting Minutes (especially ARB Meeting Minutes; see ByLaws, page 10, Article 8, Section 1; also Lake Shore HOA Covenants, pages 21-23, Article V, 5.01 through 5.04), and Financial Records.
These rights are encoded in GEORGIA CODE (Last Updated: August 20, 2013) Title 14. CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Chapter 3. NONPROFIT CORPORATIONS
The above link allows access to these code. The HOA Property Management Company, Lanier, will refer to these codes as 14-3-16xx. The important code are 14-3-1602, 14-3-1603, 14-3-1620 and the annotations noted below. Article 16. RECORDS AND REPORTS Part 1. RECORDS § 14-3-1601. Required corporate records § 14-3-1602. Members' right to copy and inspect records § 14-3-1603. Scope of inspection right § 14-3-1604. Court-ordered inspection § 14-3-1605. Use of membership list Part 2. REPORTS § 14-3-1620. Furnishing financial statements to members § 14-3-1621. Report to members of indemnification or advance of expenses § 14-3-1622. Annual registration of corporation
EDITOR'S NOTES. --In light of the similarity of the provisions, decisions under former Code 1933, § 22-2612, are included in the annotations for this Code section.
REQUIREMENT OF PROPER PURPOSE AND REASONABLE TIME SERVE AS SAFEGUARDS against abuse of inspection right. Smith v. Conley, 158 Ga. App. 191, 279 S.E.2d 491 (1981) (decided under former Code 1933, § 22-2612).
WHAT CONSTITUTES PROPER PURPOSE. --Element of proper purpose for inspection was satisfied where documents were sought in order to determine (1) whether proper records were being kept, (2) performance of management, and (3) condition of company. Smith v. Conley, 158 Ga. App. 191, 279 S.E.2d 491 (1981) (decided under former Code 1933, § 22-2612).
INSPECTION WITHIN ONE YEAR OF REQUEST NOT IMPROPER PURPOSE. --Standing alone, fact that members of nonprofit corporation had exercised their statutory right to inspect books at some time within a one-year period does not amount to evidence of improper purpose. Smith v. Conley, 158 Ga. App. 191, 279 S.E.2d 491 (1981) (decided under former Code 1933, § 22-2612).
The Lake Shore HOA
Once the Declarant turned over control of the Lake Shore HOA to the members of the HOA, the Property, the HOA, all Lots in the Development, and all Owners and Mortgagees became subject to the provisions of the Georgia Property Owners Association Act, Official Code of Georgia Annotated Sec 44-3-2220. The Association. All Owners and Mortgagees are entitled to the benefits, and subject to the provisions, of the Act.
What other regulations do members have to obey?
The members of the Lake Shore HOA are also subject to City, County and State laws, codes and regulations.
Can I opt out of the Lake Shore HOA?
If you buy a house or townhouse within the Lake Shore HOA area, which covers Lake Shore, Amberly Estates at Lake Shore, Braxton Manor at Lake Shore, The Cottages at Lake Shore, Holly Springs at Lake Shore, Springwater at Lake Shore, and The Villas at Lakeshore, you are automatically part of the Lake Shore HOA. Your Buyers Agent, or the other party’s Sellers Agent, should have provided you with this information, and a copy of the relevant Covenant(s). The act of purchasing your property is an agreement to abide by the provisions of the HOA governing documents.
The Lake Shore HOA Board
The Responsibilities of an HOA Board Member
Members of a Homeowners Association Board have many responsibilities. These responsibilities are not always easy, nor are they always popular in the community.
Some of the most important of these are legal requirements: Board members are required to exercise what is called a “duty of care” with respect to their responsibilities. This includes the enforcement of governing documents, and the use of “sound business judgment” in making reasonable inquiries before investing community funds in a project.
Board members are required by law, as fiduciaries of the community association, to enforce all covenants, rules, guidelines, bylaws (and the like). If the board members are not enforcing the rules to the letter, the association would be liable for breaching its duty of care to its community members;
Board members are required to practice ‘the duty of good faith’, which is the legal obligation that Board members act in good faith while acting as fiduciaries for their communities.
It is legally expected that Board members have a working knowledge of the documents governing the HOA, including the Declaration of Covenants, Restrictions, and Easements, the Bylaws; and any other documents, such as the Design Standards, that need to be enforced.
The Lake Shore HOA Board generally has at least one Board meeting each month, although there may be more than one. Each Board member will have an assigned Board position, plus has a particular area, or areas, of the Board business that is their special responsibility to look after, for instance Financial records, Landscaping, ARB, community concerns, community development. When decisions are needed, the Board confers by means of emails, phone calls, texts, and small meetings. .
Board members are protected by indemnity insurance, but only so long as they are acting within their legal responsibilities. If a Board member acts outside of the governing documents, and without full Board approval by a vote at a Board meeting, or by the other methods specified in the ByLaws, they are liable as an individual.
How Do I Contact the Lake Shore HOA Board
To contact the Lake Shore HOA Board, or an individual member, you need to go through Lanier. Otherwise, there is a Lake Shore HOA Facebook group that you might be able to join. While this Facebook group purports to be the official conduit to the Lake Shore HOA Board, the group is moderated and not all posts are approved. The current members of the Lake Shore HOA Board are the group administrators.
Membership to this group is also moderated, and active members of this group, who are HOA members in good standing, have been removed from the group or blocked from seeing the group on Facebook.
The group description indicates that bullying and name calling is not tolerated. However, name calling and bullying is a feature of the group, although usually from the administrators. The group description also indicates that advertising is not permitted. However advertising by selected HOA members is permitted.
Can I Attend HOA Board Meetings
Under state law, the HOA Board meetings are open for HOA Members. HOA Members do not necessarily get a chance to speak, but they can listen to their elected representatives and their discussions.
The current HOA Board do not announce when they hold their meetings, nor do they release the Board Meeting Minutes.
THE Board have to announce meetings between themselves with a minimum of ten days notice, which the Board members can waive. However, since HOA Members are entitled to attend the meetings, they should also receive notice of the meetings.
The Board must distribute Agendas for the meeting. All portions of the meeting are open to HOA members unless the Agenda specifically announces an executive session.
Board Meeting Minutes, plus any documents they use in their deliberations, are available to HOA members by application to Lanier. The Board may chose to vote on a matter outside of the Board Meeting. The Vote is to be made by means of a document that has to be signed by ALL Board Members, and the majority of these members have to vote yes, or no. At a Board Meeting, the passing vote is a majority of a quorum of Board Members. The document for a non-Board Meeting vote is to be attached to the Board Meeting Minutes.
For instructions on how to view and copy the Board Meting Minutes, the ARB Meeting Minutes, and documents used in their deliberations, plus the HOA Financial Records, please see the Community Resource Links page of this we
Do the Board Members Get Special Privileges or Payment
Under the ByLaws, the HOA Board members are not paid for their time and efforts. They are not awarded any special privileges above and beyond the rights enjoyed by any HOA member in good standing.
Board members may be reimbursed for expenses agreed upon by a Board vote, providing these expenses are for maintenance of HOA property. Board members are not reimbursed for travel expenses to and from Board or General meetings, or for any other expense that is a part of their Board position.
Despite the above stipulations regarding Board Member payment, the Lake Shore HOA Board has paid whichever Board Member opens and closes the Clubhouse when that venue is rented the Monitoring Fee of $50.
The responsibilities of each Board Officer is specified in the ByLaws. The ByLaws do not award any Board member any rights, nor do they award any Board member any special rights and privileges (veto rights over the other Board members, the right to make unilateral decisions, rights to special usage of HOA amenities or assets).
Board positions bring with them specific responsibilities; Board positions do not grant any specific or special rights.
Board members are required to act in the best interests of the HOA and its members.
Board members are required to uphold the Covenants, ByLaws and Design Standards. as well as GA State Laws governing HOA's and non-profit corporations.
How much are the annual dues?
If you pay before January 5th of each year, the dues are $440. From January 5th through January 15th, the dues are $485. After January 15th, late fees will be applied to your account and the amount due is $530.
How do I contact Lanier?
Contact information for Lanier is available on the Resources page of this web site.
Will I receive a bill for my dues?
Lanier, the HOA management company, sends out bills for the annual dues ( also notices of the Annual General Meeting, notices of General Meetings, and other communications),
These bills are sent out in the Nov-Dec time frame. If you do not receive your packet by mid-December, you should contact Lanier.
How do I pay my annual dues?
Lanier processes all annual dues. You can pay by mail with a check or money order, pay by card over the telephone; or take your payment to their offices. Cash is not accepted. All checks should be made out to Lake Shore HOA.
What amenities does the HOA offer?
Currently, the HOA offers the following amenities:
Access to the Lake via the Boat Ramp;
Two playgrounds - one on Chestnut Circle and the other near the clubhouse at 1000 Lake Shore Blvd;
Three ponds - two near the main entrance, and one near the clubhouse;
A swimming pool located behind the clubhouse at 1000 Lake Shore Blvd;
Can I rent the clubhouse?
Please check the availability and price with Lanier Management. Lanier contact information is available on the Resources page of this website.
How can I find the rules about the swimming pool?
Lanier email out copies of the swimming pool rules near opening of the pool for the year.
You can also find rules displayed at the pool, and in the 2015 Handbook.
What hours are the lake and swimming pool open?
The swimming pool opening hours will be posted at the swimming pool.
.People in the pool area before or after these times are considered to be trespassing.
The lake is open from sunset to sundown. These times vary daily during the year but the exact time can be found in your weather apps or in the newspaper, or by a Google search.
What do I do if my pool card doesn't work?
If your pool card isn't working, please contact with Lanier. It is a good idea to check that your pool card works on a week day, as Lanier is not available on weekends.
How many meetings does the HOA have a year?
The although the HOA used to hold General Meetings about every 2 months, currently, the HOA Board only held two meetings in 2020 (January 20 and a meeting in March). In 2021, the HOA Board held a General Meeting on June 26, but held no meetings before or after that date.
The HOA Board does not hold meetings via Zoom and/or Facebook.
Under the HOA Covenants and GA State law, the HOA is required to hold an Annual Meeting. The HOA Annual Meeting is historically held in December. The HOA Board did not hold an Annual Meeting in any form in 2020.
What happens at the General Meetings?
The General Meetings are largely informational. The HOA Board update members of the HOA on finances and projects being undertaken. The last portion of the General Meetings is a Question and Answer session with the Board members.
What is the Annual Meeting?
GA State Law mandates that the minimum number of meetings that are required to be held by an HOA is one, the Annual Meeting. The Lake Shore HOA did not hold the required Annual Meeting in 2020, and has not scheduled the required Annual Meeting in 2021.
The Annual Meeting is held to elect new Board members, and to vote on items that need the full HOA membership's input. A quorum is required for the elections and voting.
You must be a member in good standing to vote at the Annual Meeting.
Lanier will send out a packet in late November. This will contain your next year's dues statement, statements from HOA members wishing to run for the Board, and a notice of the time and place of the Annual Meeting. A representative from Lanier normally attends the Annual Meeting.
The full rules and regulations describing the requirements for voting at HOA meetings may be found in the Covenants and in the ByLaws.
How do I know when there is an HOA meeting?
In year's past, signs were posted at the various entrances to Lake Shore Subdivision before the General Meetings. Signs were not posted at any entrances for the June 26, 2021 meeting.
When the HOA Board hold an Annual Meeting, Lanier send out a mailed notice in advance.
There is a requirement of no less than 10 days, and no more than 60 days, for the announcement of a properly convened HOA meeting. Even should there be a quorum at an improperly convened HOA meeting, binding votes on HOA matters may not be made without the consent of a quorum of HOA Members being present.
A quorum of HOA members in good standing can demand a meeting by a letter to Lanier. This process is oputlined in the Covenants and ByLaws. A quorum present at that meeting can conduct HOA business.
ARB Permits and Variances
Do I need an ARB Permit or Variance
If you wish to change the appearance of your house; change your landscaping in your front yard; build or replace or repair a fence; erect a shed, dog pen or other structure in your back yard; or replace your roof; you need a permit.
As per our Covenants, issuance of a permit or variance does not set a precedence. Each request is revised on its own merits.
As per the Bylaws, the HOA Board and ARB are required to uphold and enforce the Design Standards.
The constitution and manner of formation of the ARB is detailed in the Covenants. Since Jan 20, 2020, the HOA Board has not properly convened an ARB, nor have the mandated processes for the ARB Meetings and its decisions, Meeting Minutes and paperwork been followed.
How do I get an ARB permit?
Contact Lanier, requesting a Permit Application Form. Fill it in and return it to Lanier. Lanier and the ARB will be in contact with you about your request.
If you do not hear back from Lanier and the HOA within 20 days, your permit is automatically granted, providing you can prove that your request was sent to the correct address or email address.
If you do not hear back from Lanier, or a representative of Lanier, to confirm the receipt and status of your request, please contact them.
What other Permits do I need.
You will also need a City permit for a fence, or shed larger than 120 sq ft. City and County ordinances also need to be observed. The ARB issuance of a permit, or variance, does not mean that the City or County regulations have been satisfied by your request.
The City does not allow for more than 30% of a lot to be impermeable surfaces. This area includes your house, driveway, paved patio and any other impermeable surfaces.
There is a $100 charge for a City permit. Failure to apply for, and be issued with, a City or County permit can lead to the demand that you remove the structure, or to a fine.
What happens if I don't get a permit?
Structures that are installed without an ARB permit should result in an HOA request that you obtain the necessary permits, and that the structure be altered in necessary to conform with the Covenants and Design Standards.
Under the Covenants, the HOA has a documented Right of Abatement for unpermitted structures and alterations. The Right of Abatement documented allows the HOA Board to remove these structures and alterations, and to charge the reasonable actual costs of these removals to the homeowners, with any legal fees involved.
You do not have to be a Board member, or a Lanier inspector, to report structures that do not meet the community Design Sntandards as in the Covenants and Design Standards.
Are there rules about parking?
The streets in the Lake Shore HOA are owned by the City of Port Wentworth. The City rules govern the usage of the streets, and parking on the streets.
The city expects that cars be parked in the correct direction, and not blocking driveways or mailboxes.
Cars are not to be parked in driveways in such a manner as to block sidewalks
Concerns about the condition of the streets should be brought to the City of Port Wentworth's attention.
On what days can I set off fireworks in the City of Port Wentworth
The City of Port Wentworth has a general noise ordinance, which limits the days that fireworks may be set off. Under current Georgia State law, fireworks may be set off in cities or counties with noise ordinances on the following days:
The last Saturday and Sunday in May, coinciding with the Memorial Day weekend - until 11:59pm, but not on Memorial Day. July 3rd and 4th - until 11:59pm Labor Day (first Monday in Sept) - until 11:59pm New Years Eve - New Years Day - until 1am on New Years Day.
See Calendar page on this website for actual dates for Memorial Day and Labor Day.
Message from PWPD: A friendly reminder from the Port Wentworth Police Department regarding Fireworks:
According to O.C.G.A. § 25-10-2:
"(3) (A) It shall be unlawful to use fireworks, consumer fireworks, or any items defined in paragraph (2) of subsection (b) of Code Section 25-10-1 indoors or within the right of way of a public road, street, highway, or railroad of this state.
(B) Except as provided for in subparagraph (D) or (E) of this paragraph and subject to paragraph (4) of this subsection and Code Section 25-10-2.1, it shall be lawful for any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited any consumer fireworks:
(i) On any day beginning at the time of 10:00 A.M. and up to and including the ending time of 11:59 P.M., unless during such times the noise from such use or ignition is not in compliance with a noise ordinance of a county or municipal corporation as provided for in subsection (c) of this Code section, except as otherwise provided for under this subparagraph; provided, however, that a county or municipal corporation may additionally require the issuance of a special use permit pursuant to subparagraph (D) of this paragraph for use or ignition;
(ii) On January 1, the last Saturday and Sunday in May, July 3, July 4, the first Monday in September, and December 31 of each year after the time of 10:00 A.M. and up to and including the time of 11:59 P.M.; and
(iii) On January 1 of each year beginning at the time of 12:00 Midnight and up to and including the ending time of 1:00 A.M.
(C) Subject to subparagraph (D) of this paragraph, paragraph (4) of this subsection, and Code Section 25-10-2.1, it shall be lawful for any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited any consumer fireworks anywhere in this state except:
(i) As provided for under subparagraph (A) of this paragraph;
(ii) In any location where such person, firm, corporation, association, or partnership is not lawfully present or is not otherwise lawfully permitted to use or ignite or cause to be ignited any consumer fireworks;
(iii) Within 100 yards of an electric plant; water treatment plant; waste-water treatment plant; a facility engaged in the retail sale of gasoline or other flammable or combustible liquids or gases where the volume stored is in excess of 500 gallons for the purpose of retail sale; a facility engaged in the production, refining, processing, or blending of any flammable or combustible liquids or gases for retail purposes; any public or private electric substation; or a jail or prison;
(iv) Within 100 yards of the boundaries of any public use air facility provided for under Title 6 or any public use landing area or platform marked and designed for landing use by helicopters;
(v) Within any park, historic site, recreational area, or other property which is owned by or operated by, for, or under the custody and control of a governing authority of a county or municipal corporation, except pursuant to a special use permit as provided for in subparagraph (D) of this paragraph;
(vi) Within any park, historic site, recreational area, or other property which is owned by or operated by, for, or under the custody and control of the State of Georgia, except pursuant to any rules and regulations of the agency or department having control of such property which may allow for such use or ignition of consumer fireworks;
(vii) Within 100 yards of a hospital, nursing home, or other health care facility regulated under Chapter 7 of Title 31; provided, however, that an owner or operator of such facility may use or ignite or cause to be ignited consumer fireworks on the property of such facility or may grant written permission to any person, firm, corporation, association, or partnership to use or ignite or cause to be ignited consumer fireworks on the property of such facility; or
(viii) While under the influence of alcohol or any drug or any combination of alcohol and any drug to the extent that it is less safe or unlawful for such person to ignite consumer fireworks as provided for in Code Section 25-10-2.1."
We appreciate your assistance in complying with the laws regarding Fireworks. Thank you.
Can I Ride My Golf Cart/ATV Around The HOA
From the Port Wentworth Police Department:
Any "All-terrain vehicle" is not authorized to be on any public roadways. All violators will be stopped and cited accordingly and the all-terrain vehicle is subject to be towed.
Please keep in mind that the City of Port Wentworth Ordinance 13-11 allows golf carts to be on local city streets only. This ordinance only allows golf carts and not all-terrain vehicles. Golf carts are not authorized to be on state roads and highways.
As per O.C.G.A. § 40-6-331 (2) Motorized carts may cross streets and highways that are part of a municipal street system or county road system and used by other types of motor vehicles only at crossings or intersections designated for that purpose by the local governing authority having jurisdiction over such system.
As per City of Port Wentworth Ordinance 13-11: Operation of personal transportation vehicles on city streets. (a) Permits the operation of personal transportation vehicles as defined in O.C.G.A. § 40-1-1(43.1) on Port Wentworth local city streets. (b) Personal transportation vehicles may cross streets and highways that are a part of the state highway system only at designated intersections marked by the appropriate signage. Personal transportation vehicle may cross local city streets at any motor vehicle intersection. (c) All personal transportation vehicles operated in the city limits under this section shall be operated by a licensed driver, an adult over the age of eighteen (18), or accompanied and supervised by an adult over the age of eighteen (18). (d)Anyone in violation of this section shall be punished by a fine not to exceed five hundred dollars ($500.00).
Thank you for your assistance in complying with the laws and ordinances to keep our roadways safe.what pw police posted on their page about it .
Important Contact Info
Lanier, Phone (dedicated to Lake Shore residents): (912) 999-8227
Email: email@example.com Mailing Address: PO Box 16134 Savannah GA 31416
8501 White Bluff Road Savannah GA 31416
* If there is an emergency, please dial 911.
* If there is a non-emergency, please dial 912-964-4360 to reach the Port Wentworth Police Department non-emergency line. If it is after business hours, or on a weekend, the phones are answered by Chatham County. Let them know you live in Port Wentworth as our city has different laws and regulations than the County.
* If you have a concern about the SCCPSS buses, please dial 912-395-5591 to reach the transportation office.
* If you need to report missed garbage pickups and/or damaged, lost or stolen trash/recycling carts, please dial 912-290-2118, or go to wasteprousa.com/port-wentworth.
* If you need to contact City Hall, please dial 912-964-4379.
* If you have issues with your mail carrier, you can fill in a form online
. *Lastly, if you have a legal question, please consult with an attorney.