The official website for the residents of the Rivoli Downs neighborhood in Macon, Georgia.

Approved Covenant Changes

2010 Amendments

1. Change:  Number of Board Members – Article III, Section Ten (15)

Current: 10.1 BOARD OF DIRECTORS.  The Board of Directors shall consist of three (3) members elected by a majority vote of the lot owners.

Approved: 10.1 BOARD OF DIRECTORS.  The Board of Directors shall consist of five (5) members, two (2) of whom shall be elected by the process stated in Section 4 below.  The other three (3) Board members will represent Lakes 1, 3 and 4 and will be elected by the residents of those lakes by majority vote.

2. New:  Board Members may select Board Officers within the current Board – Chairperson, Vice Chairperson, Treasurer, Secretary, etc  Add to Article III, Section Ten

3. Change : Election/voting Process   Article III, Section Four (13)

Current: METHOD OF VOTING. Voting on all matters except the election of Directors shall be by a voice vote or by a show of hands unless a majority of the members present at the meeting shall, prior to voting on any matter, demand a ballot vote on that particular matter.  When directors or officers are elected by the members, the solicitation of proxies for such elections may be conducted by mail.

Approved: METHOD OF VOTING. Voting on all matters, with the exception of the election of Directors shall be by a voice vote or by a show of hands unless a majority of the members present at the meeting, shall, prior to voting on any matter, demand a ballot vote on that particular matter.  (Note: The change is leaving off the last sentence, replaced by Item 4 below)

4. New: Election of Board Members. Nominations for Directors will be solicited from all lot owners for the two at-large Board members and from the Lake 1, 3, and 4 lot owners for the other three Board members. A ballot consisting of all nominations will be distributed to all lot owners. Lot owners from Lakes 1, 3, and 4 will vote for one nominee to represent their lake as well as for one at-large Board member. All Board member positions will be selected by majority vote. Ballots may be submitted by US mail or by electronic mail to the Board Secretary. Add to Article III, Section Ten

5. Change:  Board Terms – change from 1 to 2 years.   Article III, Section Ten, 10.2 (15)

Current:  The Board of Directors shall serve for a period of twelve (12) months or until such date as their successors have been elected by majority vote of the members. . . . .

Approved: The Board of Directors shall serve for a period of twenty-four (24) month, staggered such that two members are elected one year and three elected the following year, or until such date as their successors have been elected by majority vote of the members. . . . .

6. New:  Lakes 1, 3 & 4 Boards/Associations – Delete Articles IV, V, VI  Pgs 16 – 34 and all references to Lake 1, 3, 4 Rivoli Downs Lake No # Lot Owners Association, Inc.” Pgs 4 – 5

7. Change: Past Dues –.  Article III, Section Twelve (16)

Current: EFFECTIVE OF NON-PAYMENT OF ASSESSMENT; REMEDIES OF THE ASSOCIATION.  Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen (18%) per annum. . . . .

Approved: EFFECTIVE OF NON-PAYMENT OF ASSESSMENT; REMEDIES OF THE ASSOCIATION.  Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of eighteen (18%) per annum.  At sixty (60) days past the due date, a monthly fee of ten percent (10%) of the assessment amount will be charged the member each month and will continue to accrue each month until assessment is paid in full.

8. Change: Covenants Violations –Article II, Section One, 36  (pg 12)

Current:  ENFORCEMENT.  Enforcement by or against the Architectural Control Committee, Association and all property owners shall be by proceedings in equity to restrain or enjoin any person or persons violating or attempting to violate any covenant.  Enforcement shall not be in the form of an action at law for damages.

Approved:  ENFORCEMENT.  Enforcement by or against the Architectural Control Committee, Association and all property owners shall be by proceedings in equity to restrain or enjoin any person or persons violating or attempting to violate any covenant.  Enforcement shall not be in the form of an action at law for damages except as follows:  For lot owners who refuse to be compliant with the covenants, the Board reserves the right, after providing written notice of non-compliance to the lot owner and failure by the lot owner to respond within 10 days, to levy a monthly penalty fee not to exceed ten percent (10%) of the lot owner’s annual dues.  If the lot owner refuses to pay or becomes past due for more than thirty (30) days, the Board, in consultation with the Architectural Control Committee, reserves the right to place a lien against the property.

9. Change:Architectural Control Committee (ACC) – change to; appointed by the Board, serving 2 year terms.  Article II, Section One, 18.3 (9)

Current:  each year the resident vote of all lots comprising the subdivision shall by majority vote appoint for a one year term three (3) resident owners to serve as the members of the Architectural Control Committee.

Approved: the Board will appoint for two year terms three (3) resident owners to serve as the members of the Architectural Control Committee.  In the event three (3) resident owners cannot be appointed for any reason, the Board will appoint one or more of its own members to serve. The appointments will be staggered to provide continuity.

10. New:  Architectural Form – residents must submit the Application for Design Review form to the ACC for approval for any non-seasonal change to their property which will change the appearance.  A non-seasonal change includes, but is not limited to, change of exterior paint color, roof shingle color, addition or removal of outdoor shutters, etc. This form is located on the subdivision web site and by request from the ACC.  Add to Article II, Section One, 18.2, (a)

11. New: Architectural Appeal Process – residents can appeal a decision to the Board within 30 days of a decision. The Board must respond within 30 days giving a written response to ACC with a copy to resident. If the Board does not respond, the ruling of the ACC stands. Add to Article II, Section One, 18.8

 12. Change:Satellite Dishes   Article II, Section One, #17

Current: SATELLITE DISHES.  Receivers of transmissions from satellites shall not be allowed on any lot.

Approved: SATELLITE DISHES.  Receivers of transmissions from satellites shall be allowed but not in the front of the house or visible from the street(s).

13. New:  Street parking is permitted on a temporary basis only, however at no time shall any vehicle, trailer or conveyance be routinely parked or deposited on said streets during day or evening hours for seven days or more.

14. Change: Covenants Change –  Article II, Section One, 34.1  (pg 12)

Current: AMENDMENT.  This Declaration may be amended at any time and from time to time by an agreement signed by the owners of at least seventy-five percent (75%) of the lots; provided, however, such amendment by the owners shall not be effective unless also signed by the developer, if Developer is the owner of any real property then subject to this Declaration.

Approved: AMENDMENT.  This Declaration may be amended at any time and from time to time by an agreement signed by the owners of at least fifty-one percent (51%) of the lots.

2018 Amendments

AMENDED DECLARATION OF RESTRICTIVE COVENANTS FOR RIVOLI DOWNS

 THIS AMENDMENT is made this 27th day of November, 2018, by a vote of the owners of more than seventy-five (75%) percent entitled to vote within the Rivoli Downs Subdivision.GEORGIA, BIBB COUNTY:

WIT N E S S E T H:

WHEREAS, there are Amended and Restated Restrictive Covenants heretofore made and recorded in Deed Book 2360, Page 1, Bibb Superior Court Clerk’s Office applicable to Rivoli Downs Subdivision, and Amended Declaration of Restrictive Covenants For Rivoli Downs recorded in Deed Book 8384, Page 228, Bibb Superior Court Clerk’s Office, and Amended Declaration of Restrictive Covenants For Rivoli Downs recorded in Deed Book 9581, Page 90, Bibb Superior Court Clerk’s Office:

WHEREAS, more than seventy-five (75%) percent of the owners of lots in the Rivoli Downs Subdivision entitled to vote cast a ballot in favor of upholding the July 13, 2010 amendments to the Restrictive Covenants as written and filed at the Bibb County Courthouse in Deed Book 8384, Page 228, Bibb Superior Court Clerk’s Office, specifically upholding the provision that required a vote of fifty-one (51%) percent of the owners of lots in the Rivoli Downs Subdivision entitled to vote to amend said Restrictive Covenants;

WHEREAS, the officers of the Association are hereby executing and recording this Amended Declaration of Restrictive Covenants for Rivoli Downs as adopted by the vote of the owner’s of said subdivision;

NOW THEREFORE, in consideration of the premises and of the benefits, both present and future, to the Declarant, its successors and assigns, and all subsequent owners of the lots in said Subdivision, the Declarant, does hereby restate and uphold the July 13, 2010 amendments to the Restrictive Covenants as written and filed at the Bibb County Courthouse in Deed Book 8384, Page 228, Bibb Superior Court Clerk’s Office, to require a vote of fifty-one (51%) percent of the owners of lots in the Rivoli Downs Subdivision entitled to vote to amend said Restrictive Covenants.

AMENDED DECLARATION OF RESTRICTIVE COVENANTS FOR RIVOLI DOWNS

 GEORGIA, BIBB COUNTY:

THIS AMENDMENT is made this 27th day of November, 2018,  by a vote of the owners of more than fifty-one (51%) percent entitled to vote within the Rivoli Downs Subdivision.

W I T N E S S E T H:

WHEREAS, there are Amended and Restated Restrictive Covenants heretofore made and recorded in Deed Book 2360, Page 1, Bibb Superior Court Clerk’s Office applicable to Rivoli Downs Subdivision, and Amended Declaration of Restrictive Covenants For Rivoli Downs recorded in Deed Book 8384, Page 228, Bibb Superior Court Clerk’s Office, and Amended Declaration of Restrictive Covenants For Rivoli Downs recorded in Deed Book 9581, Page 90, Bibb Superior Court Clerk’s Office, and Amended Declaration of Restrictive Covenants for Rivoli Downs recorded in Deed Book           , Page         , Bibb Superior Court Clerk’s Office:

WHEREAS, these proposed amendments were submitted to the owners of the Rivoli Downs Subdivision and more than fifty-one (51%) percent of the owners of the lots entitled to vote cast a ballot in favor of amending said Restrictive Covenants as set forth herein, and;

WHEREAS, the officers of the Association are hereby executing and recording this Amended Declaration of Restrictive Covenants for Rivoli Downs as adopted by the vote of the owner’s of said subdivision;

NOW THEREFORE, in consideration of the premises and of the benefits, both present and future, to the Declarant, its successors and assigns, and all subsequent owners of the lots in said Subdivision, the Declarant, does hereby amend the above referenced covenants, conditions and restrictions as follows:

ARTICLE II RESTRICTIVE COVENANTS

SECTION ONE.

Article 11, Section One, Paragraph 15 is hereby amended by adding and incorporating the following provision in said paragraph:

Such maintenance shall include, but shall not be limited to painting, repairing, replacing and care for roofs, gutters, downspouts, building surfaces, trees, shrubs, grass, walks, and other exterior improvements. Should any Owner of a Lot fail to maintain his Lot or the improvements thereon as set forth hereinabove, the RDHOA, its agents and representatives, may, after thirty (30) days written notice to the Owner of such Lot and with no response from the owner indicating their willingness to comply, enter upon this lot for the purpose of mowing, removing, clearing, cutting, or pruning underbrush, weeds or other unsightly growth, for removing garbage or trash, or for performing such exterior maintenance as Macon/Bibb abatement officers deem necessary or advisable. Such Owner shall be personally liable to RDHOA for the direct and indirect cost of such maintenance and any legal fees or costs associated with lien placement or release,  which costs shall be added to and become part of the assessment to which such Owner and his Lot are subject. Although notice given as herein provided shall be sufficient to give RDHOA, its agents and representative, the right to enter upon such Lot and perform such maintenance, entry for such purpose shall be only between the hours of 8:00 a.m. and 5:00 p.m. on any day except Sunday. The provision hereof shall not be construed, however, as an obligation on the part of RDHOA to mow, clear, cut or prune any Lot; to provide garbage or trash removal service, or to perform such exterior maintenance. If an owner advises RDHOA in writing of their willingness to perform the necessary work to bring the home into compliance within 30 days, with a detailed time line of completion, the board will grant the owner the time to have the work completed.

 SECTION TWO.

Article 11, Section One, Paragraph 10 is hereby amended by adding and incorporating the following provision in said paragraph:

No storage pod or container shall be placed on a property for more than thirty (30) days without prior approval by the board.

SECTION THREE.

Article 111, Section Ten, Paragraph 1 is hereby amended by adding and incorporating the following provision in said paragraph:

In the event that no resident wishes to serve as a representative from Lakes 1, 3, and 4, the candidate with the next highest at large vote would serve in that position as the lake representative.

SECTION FOUR.

Article 11, Section One, Paragraph 36 is hereby amended by removing the following text and replacing it with the text below shown in bold:

Text to be removed:

“to levy a compliance assessment in an amount not to exceed ten (10%) of the lot owner’s annual dues”

Replacement Text:

“to levy a complaince assessment in an amount not to exceed the maximum allowable by law”

SECTION FIVE.

Article VII is hereby amended by adding the following Paragraph, which shall be known as Article VII, Section 1, Paragraph 7:

The Board, heeding guidance from State and local governing bodies, Civil Engineers and/or accredited consultants, will create and maintain a Lakes & Dams Fund. The amount in the fund may change as necessary as information becomes available from authorities.

However, the minimum balance will be $15,000 once initially accumulated or having been depleted for needs as stipulated below and accumulated to $15,000 again. This fund is to be kept separate from the general operating bank account and may only be used for dam repair, preventative maintenance of the dams and siphons, erosion or silt build-up which threatens irreparable damage to a dam or the majority of a lake and would cause irreparable damage.

SECTION SIX.

 Article 11, Sections 30, 31, and 32 are hereby amended by removing the following text and replacing it with the text below shown in bold:

Text to be Removed:

“restricted to the Developer, its successors and assigns and invitees, and to the owners of the lots contiguous to Lake No…”

Replacement Text:

“All lakes shall be open to all residents of the association via public access areas only (Lake 1 is accessible from the dam via Lake 2). All other restrictions to lake usage for Lake 2 shall also apply and be enforced to Lakes 1, 3, and 4.”

Approved Covenant Changes February 6, 2018
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