Covenants, Rules and Regulations, and ByLaws
The following are the agreed upon protective covenants and rules and regulations of Blue Heron Woods
Declaration of Protective Covenants Article 6 - Use Restrictions
Attached is Article 6 of our Protective Convenants governing use restrictions.
General Rules and Regulations for Blue Heron Woods
Attached are our Rules and Regulations that have been passed by the Board of Directors.
Bylaws: Article 8 - Compliance and Default
Lack of adherence to any Protective Covenants and/or Rules and Regulations will be subject to fines per our Bylaws, Article 8
Each Member shall be governed by, and shall comply with, all of the terms of the Declaration, these Bylaws, and the Rules and Regulations, as any of the same may be amended from time to time. In addition to the remedies provided in the Declaration, a default by a Member shall entitle the Association, acting through its Board of Directors or through the Managing Agent, to the following relief.
(a) Additional Liability. Each Member shall be liable for the expense of all maintenance, repair and replacement rendered necessary by his act, neglect or carelessness or the act, neglect or carelessness of any members of his family, of his employees, agents or licensees, but only to the extent that such expense is not covered by the proceeds of insurance carried by the Board of Directors. Such liability shall include any increase in casualty insurance rates resulting from such act, neglect or carelessness, occupancy or abandonment of any Lot or it appurtenances. Nothing contained herein, however, shall be construed as modifying any waiver by any insurance company of its right of subrogation.
(b) Costs and Attorneys Fees. In any proceeding arising out of any alleged default by a Member, the prevailing party shall be entitled to recover the costs of such proceedings and such reasonable attorney’s fees as may be determined by the arbitrator.
(c) No Waiver of Rights. The failure of the Association or the Board of Directors to enforce any right, provision, covenant or condition that may be granted by the Declaration, the Bylaws, or the Rules and Regulations shall not constitute a waiver of the right of the Association or the Board of Directors to enforce such right, provision, covenant or condition in the future. All rights, remedies and privileges granted to the Association, or the Board of Directors pursuant to any term, provision, covenant or condition of the Declaration, these Bylaws, or the Rules and Regulations shall be deemed to be cumulative and the exercise of any one or more thereof shall not be deemed to constitute an election or remedies, nor shall it preclude the party exercising the same from exercising such other rights as may be granted to such party by the Declaration, these Bylaws, or the Rules and Regulations or at law or in equity.
(d) Abating and Enjoining Violations by Members. The violation of any of the Rules and Regulations adopted by the Board of Directors, the breach of any Bylaw contained herein or the breach of any provision of the Declaration, shall give the Board of Directors the right, in addition to any other rights. (1) to enter upon the Lot in which, or as to which, such violation or breach exists and summarily to abate and remove, at the expense of the defaulting Member, any structure, thing or condition that may exist therein contrary to the intent and meaning of the provisions hereof, and the Board of Directors shall not thereby be deemed guilty in any manner of trespass, and (2) to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach.
(e) Penalty Assessment. In addition to any of the assessments provided for in the Declaration, should any Member violate any of the Rules and Regulations adopted by the Board of Directors, or breach any Bylaw herein contained or breach any provisions of the Declaration, then, in the event, the Board of Directors, in addition to other rights granted to it herein, may upon a majority vote of the Members present, impose a penalty assessment upon the defaulting Member in the maximum amount of $50.00 for the first violation; a maximum amount of $150.00 for the second violation; and a maximum amount of $300.00 for each violation thereafter. All Members so assessed shall be obligated to pay the amount for each violation thereafter. All Members so assessed shall be obligated to pay the amount of such assessment along with their next assessment, and each such penalty assessment shall be a lien as of the effective date as set forth in the preceding sections of the Bylaws.