| All present and
future lot owners in Magnolia Point are mandatory members
of the
Association under the Florida Land Sales Act, and are subject
to the Declaration of
Covenants, Conditions, Easements, and Restrictions, which
runs with the land.
Magnolia Point will eventually have 974 lots.
Governing Documents (listed in order of legal precedence):
Declaration of Covenants, Conditions, Easements And Restrictions-
Defined as a legal contract between the Developer and the
buyer that specifies certain rights, liabilities, and commitments
governing the use and occupancy of the property governed by
the Association. Under Florida law, the Declaration of Covenants
must be disclosed and conveyed to property owners at closing,
runs with the land, and the law presumes that each owner and
subsequent owner of property within the community has knowledge
of the Declaration of Covenants.
Articles of Incorporation-
Establishes the Association as a Florida Corporation Not for
Profit, and defines the Association's business form, membership,
and responsibilities.
Bylaws of Magnolia Point Community Association. Inc.-
Governs the Association's operations, defines the Association's
basic structure, areas of responsibility, procedures for carrying
out its responsibilities, and the powers of the Board of Directors
and officers.
Rules and Regulations-
Supplemental restrictions, reasonable and duly adopted and
promulgated by the Board of Directors. These are similar to
the recorded Declaration of Covenants and considered part
of the Association's official records, but they are not equally
enforceable.
What We Do:
The Magnolia Point Community Association pursues the following
activities, which are paid for from quarterly member assessments:
- Preserving and enhancing the value of the Magnolia Point
property
- Providing controlled access
- Maintaining and repairing the common property including
paving, irrigation, landscaping, and drainage
- Lighting the roadways, replacing bulbs and maintaining
wiring (contracted to the City of Green Cove Springs)
- Maintaining, improving and operating drainage easements
and facilities
- Maintaining, repairing and replacing directional markers,
signs and traffic control devices
- Paying all county taxes against the Association's common
property and real property owned by the Association
- Accumulating reasonable reserve funds for the above
Why We Do It:
Mandatory Homeowners' Associations like ours are common in
the State of Florida, and are intended to:
- Promote the community concept
- Protect the community's property values
- Provide services to members
- Maintain land improvements such as drainage and roadways
Several Florida Statutes address our community and our Association:
- Chapter 498, Land Sales Practices
- Chapter 617, Florida Corporations Not for profit
- For Profit, Chapter 689, Conveyances of Land and Declaration
of Trust
- Chapter 720, Homeowners' Associations
The Governing Documents provide the legal authority for
the Magnolia Point Community Association. Florida Statutes
define the Governing Documents as: "The recorded Declaration
of Covenants for a community, and all duly adopted and recorded
amendments thereto; and the Articles of Incorporation and
Bylaws of the Homeowners' Association, and any duly adopted
amendments thereto."
The Association's Board of Directors has the statutory authority
to enforce the Governing Documents. Each individual member
of the Association has the same statutory authority.
How We Operate:
Like other corporations, our Association operates through
the policies, decisions, and actions of its Board of Directors.
At present, our Association is controlled by the community's
Developer (Montgomery Land Company)
through appointments to the Board of Directors.
Eventually, the Developer will transition control of the Association
to its homeowners by conducting an election of members to
the Board.
The Association's day-to-day operations are professionally
managed and committee-based.
- Under Florida law, our community is of such a size that
our Association requires certified professional Community
Association Management. Our certified professional community
association manager is Alice Hubbard at First Coast Management.
Inc
- The Board has established and chartered various operating
committees of homeowner members to assist in reviewing policy
and providing recommendations on key operating issues for
the Association. These presently include the following committees:
Access Control
Architecture
Communications
Finance
Landscaping/Irrigation
Roads/Drainage/Ponds
Rules Enforcement
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