Parkway Commons Home Association, Inc.
Assessment:
New Members are required to pay a one-time administrative fee of $100.
Annual dues are $916 per year when paid in full. Otherwise $78 per month payable to Parkway Commons Home Association, Inc. Late charges for payments received after the 5th of each month.
The assessment covers maintenance of common lawn, driveways, and fencing.
Homeowners are responsible for all interior and exterior home maintenance.
Dues should be mailed to Parkway Commons Home Association, P O Box 777, Shreveport, LA 71162
The Board of Directors govern the association and it is managed by Lindsey Property Management.
For additional information, connect here.
PARKWAY COMMONS HOMEOWNER’S ASSOCATION
Articles of Incorporation, By-Laws, Covenants
ARTICLES OF INCORPORATION OF
PARKWAY COMMONS HOMES ASSOCIATION, INC.
STATE OF LOUISIANA PARISH OF CADDO
BE IT KNOWN, that before me, a Notary Public, duty commissioned and qualified in and for the Parish of Caddo, State of Louisiana, and in the presence of the undersigned competent witnesses, and in compliance with the requirements of Louisiana Revised Statutes 12:201-269, the undersigned, who are residents of Caddo, Parish, Louisiana and all of whom are of full age, have this day voluntarily associated themselves together for the purpose of forming a corporation not for profit and do hereby certify:
ARTICLE I.
The name of the corporation is PARKWAY COMMONS HOMES ASSOCIATION, INC. hereafter called the “Association”.
ARTICLE II.
The principal office of the Association is located at the Home of the Parkway Commons Homes Association, President.
ARTICLE III.
PURPOSE AND POWERS OF THE ASSOCIATION
This Association does not contemplate pecuniary gain or profit to the members thereof, and the specific purposes for which it is formed are to provide for maintenance, preservation and architectural control of the residence Lots and Common Area within that certain tract of property described as:
Lots 101 and 102 and Lots 1 through 43, PARKWAY COMMONS TOWNHOUSES, a subdivision located in the SW 1/4 of Section 4, T 17 N – R 13 W, in the City of Shreveport, Caddo Parish, Louisiana as recorded in the Conveyance Records of Caddo Parish, Louisiana.
And to promote the health, safety, and welfare of the residents within the above-described property and any additions thereto as may hereafter be brought within the jurisdiction of this Association for this purpose to:
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exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in that certain Declaration of Covenants, Conditions and Restrictions, hereinafter called the “Declaration”, applicable to the property and recorded or to be recorded in the Office of the Clerk of Court of Caddo Parish, Louisiana and as the Declaration being incorporated herein as if set forth at length;
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fix, levy, collect and enforce payment by any lawful means, all charges or assessments pursuant to the terms of the Declaration; to pay all expenses in connection therewith and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association;
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acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for the public use or otherwise dispose of real or personal property in connection with the affairs of the Association.;
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borrow money, and with the assent of two-thirds (2/3) of members, mortgage, pledge, deed in trust, or hypothecate any or all Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument has been signed by two-thirds (2/3) of the members, agreeing to such dedication, sale or transfer;
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participate in mergers and consolidations with other nonprofit corporations organized for the same purposes or annex additional residential property and Common Area, provided that any such merger, consolidation or annexation shall have the assent of two-thirds (2/3) of members;
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have and to exercise any and all powers, rights and privileges which a corporation organized under the Non-Profit Corporation Law of the State of Louisiana by law may now or hereafter have or exercise.
ARTICLE V.
MEMBERSHIP
Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by covenants of record to assessment by the Association, including contract sellers, shall be a member of the Association. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment by the Association.
ARTICLE VI.
VOTING RIGHTS
The Association shall have one class of voting membership:
Class A. Class A members shall be all Owners, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members.
The vote for such lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot.
ARTICLE VII.
BOARD OF DIRECTORS
The affairs of this Association shall be managed by a Board of Six (6) Directors, who need not be members of the Association. The number of directors may be changed by amendment of the By-Laws of the Association. The names and addresses of the persons who are to act in the capacity of directors until the selection of their successors are:
NAME ADDRESS
At the first annual meeting the members shall elect two directors for a term of one year, two directors for a term of two years and two directors for a term of three years; and at each annual meeting thereafter the members shall elect two directors for a term of three years.
ARTICLE VIII.
DISSOLUTION
The Association may be dissolved with the assent given in writing and signed by not less than two-thirds (2/3) of the members. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is refused acceptance, such assets shall be granted, conveyed, and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes.
ARTICLE IX.
DURATION
The corporation shall exist perpetually.
ARTICLE X.
AMENDMENTS
Amendment of these Articles shall require the assent of 75 percent (75%) of the entire membership.
IN WITNESS WHEREOF, for the purpose of forming this corporation under the laws of the State of Louisiana, we, the undersigned, constituting the incorporators of this Association, have executed these Articles of Incorporation this 7th day of August, 1980.
WITNESS:
Notary Public
BY-LAWS OF
PARKWAY COMMONS HOMES ASSOCIATION, INC.
ARTICLE I.
NAME AND LOCATION
The name of the corporation is PARKWAY COMMONS HOMES ASSOCIATION, INC., hereinafter referred to as the “Association”. The principal office of the corporation shall be located at the Residence of the President of the Home Owners Association , but meetings of members and directors may be held at such places with the State of Louisiana, Parish of Caddo, as may be designated by the Board of Directors.
ARTICLE II.
DEFINITIONS
` Section 1. “Association” shall mean and refer to PARKWAY COMMONS HOMES ASSOCIATION, INC., its successors and assigns.
Section 2. “Properties” shall mean and refer to that certain real property described in the Declaration of Covenants, Conditions and Restriction, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 3. “Common Area” shall mean all real property owned by the Association for the common use and enjoyment of the Owners.
Section 4. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area.
Section 5. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 6. “Declaration” shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Properties recorded in the Office of the Clerk of Court of Caddo Parish, Louisiana.
Section 7. “Member” shall mean and refer to those persons entitled to membership as provided in the Declaration.
ARTICLE III.
MEETING OF MEMBERS
Section 1. Annual Meetings. The first annual meeting of the members shall be held within one year from the date of incorporation of the Association, and each subsequent annual meeting of the members shall be established by a vote at the annual meeting. Annual meetings should not exceed a twelve-month period, and the time of the meeting should be such as to gain maximum participation of owners.
Section 2. Special Meetings. Special meetings of the members may be called at any time by the president of the Association, or by the Board of Directors, or upon written request of the members who are entitled to vote one-fourth (1/4) of all of the votes of the Class A membership.
Section 3. Notice of Meetings. Written notice of each meeting of the members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, at least 15 days before such meeting to each member entitled to vote there at, addressed to the member’s address last appearing on the books of the Association, or supplied by such member to the Association for the purpose of notice. Such notice shall specify the place day and hour of the meeting, and, in the case of special meeting, the purpose of the meeting.
Section 4. Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, one- tenth (1/10) of the votes of each class of membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote there at shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented.
Section 5. Proxies. At all meetings of members, each member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his Lot.
ARTICLE IV.
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE:
Section 1. Number. The affairs of this Association shall be managed by a Board of Six (6) directors, who need not be members of the Association.
Section 2. Term of Office. At the first annual meeting the members shall elect two directors for a term of one year, two directors for a term of two years and two directors for a term of three years; and at each annual meeting thereafter the members shall elect two directors for a term of three years.
Section 3. Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the un-expired term of his predecessor.
Section 4. Compensation. No director shall receive compensation for any service he may render to the Association. However, any director may be reimbursed for his actual expenses incurred in the performance of his duties.
Section 5. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though take at a meeting of directors.
ARTICLE V.
NOMINATION AND ELECTION OF DIRECTORS
Section 1. Nomination. Nomination for election to the Board of Directors shall be made by a Nomination Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board of Directors, and two or more members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among members or non-members.
Section 2. Election. Election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted.
ARTICLE VI.
MEETINGS OF DIRECTORS
Section 1. Regular Meetings. Regular meetings of the Board of Directors shall be held monthly without notice, at such place and as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday.
Section 2. Special Meeting. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days notice to each director.
Section 3. Quorum. A Majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present as a duly held meeting at which a quorum is present shall be regarded as the act of the Board.
ARTICLE VII.
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers. The Board of Directors shall have power to:
- adopt and publish rules and regulations governing the use of the Common Area and facilities, and the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof;
- suspend the voting rights and right to use of the recreational facilities of a member during any period in which such member shall be in default in the payment of any assessment levied by the Association. Such right may also be suspended after notice and hearing, for a period not to exceed 60 days for infraction of published rules and regulations;
- exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation, or the Declaration;
- declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; and
- employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties.
Section 2. Duties. It shall be the duty of the Board of Directors to:
- cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the Class A members who are entitled to vote;
- supervise all officers, agents and employees of the Association, and to see that their duties are properly performed;
- as more fully provided in the Declaration, to:
- fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period;
- send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period; and
- foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same.
- issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment;appropriate;
- procure and maintain adequate liability and hazard insurance on property owned by the Association;
- cause all officers or employees having fiscal responsibilities to be bonded, as it may be deemed
- cause the Common Area to be maintained.
ARTICLE VIII.
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of offices. The officers of this Association shall be a president and vice-president, who shall at all times be members of the Board of Directors, a secretary, and a treasurer, and such other officers as the Board may from time to time by resolution create.
Section 2. Election of Officers. The election of officers shall take place at the first meeting of the Board of Directors following each annual meeting of the members.
Section 3. Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve.
Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association may require, each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine.
Section 5. Resignation and removal. Any officer may be removed from office with or without cause by the board. Any officer may resign at any time giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces.
Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article.
Section 8. Duties. The duties of the officers are as follows:
President
- The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes.Vice President
- The vice president shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board.Secretary
- The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and shall perform such other duties as required by the Board. See amendment on Pg 17Treasurer
- The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association books to be made public by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the members. See amendment on Pg 17
ARTICLE IX.
COMMITTEES
The Association shall appoint an Architectural Control Committee, as provided in the Declaration, and a Nominating Committee, as provided in these By-Laws. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose.
ARTICLE X.
BOOKS AND RECORDS
The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to the inspection by any member. The Declaration, the Articles of Incorporation and the By-Laws of the Association shall be available for inspection by any member at the principal office of the Association, where copies may be purchased at a reasonable cost.
ARTICLE XI.
ASSESSMENTS
As more fully provided in the Declaration, each member is obligated to pay the Association annual and special assessments which are secured by a continuing lien upon the property against which the assessment is made. Any assessment which are not paid when due shall be delinquent. If the assessment is not paid within thirty (30) days after the due date, the assessment shall bear interest from the date of delinquency at the rate of 6 percent per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the property, and interest, cost, and reasonable attorney’s fees of any such action shall be added to the amount of such assessment. No owner may waive or otherwise escape liability for the assessments provided for herein by nonuse of the Common Area or abandonment of his Lot.
ARTICLE XII.
CORPORATE SEAL
The Association shall have a seal in circular form having within its circumference the words: “Parkway Commons Homes Association, Inc.”
ARTICLE XIII.
AMENDMENTS
Section 1. These By-Laws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy.
Section 2. In the case of any conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control.
ARTICLE XIV.
MISCELLANEOUS
The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every year, except that the first fiscal year shall begin on the date of incorporation.
IN WITNESS WHERE, we, being all of the directors of the Parkway Commons Homes Association, have hereunto set our hands this 7th day of August, 1980.
BEAL LOCKE R. V. SCHROEDER JOHN FLOYD BETH MATZA DEBRA GAYDOS WILLIAM PEATROSS
STATE OF LOUISIANA DECLARATION OF COVENANTS
PARISH OF CADDO CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made on the date hereinafter set forth by Beal Locke and Associates, Inc., a Louisiana corporation represented herein by Beal Locke, President, hereinafter referred to as “Declarant”.
WITNESSETH:
WHEREAS, Declarant is the owner of certain property in the City of Shreveport, Parish of Caddo, State of Louisiana, which is more particularly described as:
Lots 101, and 102 and Lots 1 through 43, Parkway Commons Townhouses, a subdivision located in the SW 1/4 of Section 4, T 17 N – R 13 W, in the City of Shreveport, Caddo Parish, Louisiana as recorded in the conveyance Records of Caddo Parish, Louisiana.
NOW THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be finding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
ARTICLE I.
DEFINITIONS
Section 1. “Association” shall mean and refer to Parkway Commons Homes Association, Inc., its successors and
assigns.
Section 2. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, or a fee simple title to any Lot which is part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 3. “Properties” shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
Section 4. “Common Area” shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows:
Lots 101 and 102, Parkway Commons Townhouses, a subdivision located in the SW 1/4 of Section 4, T 17 N – R 13 W, in the City of Shreveport, Caddo Parish, Louisiana, as recorded in the conveyance Records of Caddo Parish, Louisiana.
Section 5. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties with the exception of the Common Area.
Section 6. “Declarant” shall mean and refer to Beal Locke and Associates, Inc., its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.
ARTICLE II.
PROPERTY RIGHTS
Section 1. Owners’ easements of enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
- The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area;
- the right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations;
- the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members.
No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by 2/3 of the members has been recorded.
Section 2. Delegation of Use. Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
ARTICLE III.
MEMBERSHIP AND VOTING RIGHTS
Section 1. Every owner of a lot which is subject to assessment shall be a member of the Association.
Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment.
Section 2. The Association shall have one class of voting membership:
Class A. Class A members shall be all Owners and shall be entitled to one vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. See amendment on Pg 17, adding Section 3.
ARTICLE IV.
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney’s fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, cost, and reasonable attorney’s fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.
Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area and of the homes situated upon the properties.
Section 3. Basis and Maximum of Annual Assessment of Charges.
- the maximum annual assessment may be increased effective January 1 of each year without a vote of the membership in conformance with the rise, if any of the Consumer Price Index (published by the Department of Labor, Washington, D.C.) For the preceding month of July.
- the maximum annual assessment may be increased above that established by the Consumer Price Index formula by a vote of the members for the next succeeding two (2) years and at the end of each such period of two (2) years, for each succeeding period of two (2) years, provided that any such change shall have the assent of two thirds (2/3) of the votes of the members who are voting in person or by proxy, at a meeting duly called for this purpose. Written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. The limitations hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation.
- after consideration of current maintenance costs and future needs of the Association, the Board of Directors may fix the annual assessment or charge at an amount not in excess of the maximum herein above provided for.
Section 4. Method of Computation When Using the Consumer Price Index. The Consumer Price Index establishes the United States City Average numerical rating for the month of July, 1968 at 104.5%. This will be the base rating. To determine the percentage to be applied to the maximum annual assessment for each subsequent year, divide this base rating into the numerical rating established by the Consumer Price Index (1967 equals 100%) for the month of July preceding the proposed assessment year. This adjustment percentage, if in excess of 100 per centum, is multiplied by the original maximum annual assessment to obtain the maximum assessment for the subsequent year.
Section 5. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two thirds (2/3) of the votes of members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 6. Notice and Quorum for Any Action Authorized Under Sections 3 and 5. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 5 shall be sent to all members not less than 30 days nor more than 60 days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all votes shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting.
Section 7. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for each lot and may be collected on a monthly basis.
Section 8. Date of Commencement of Annual Assessments: Due Dates. The monthly assessment provided for herein shall commence as to all lots on the first day of the month following the conveyance of the Common Area. The Board of Directors shall fix the amount of the annual or monthly assessment against each lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the association setting forth whether the assessments on a specified lot have been paid. A properly executed certificate of the Association as to the statute of assessments on a lot is binding upon the Association as of the date of its issuance.
Section 9. Effect of Nonpayment of Assessments: Remedies of the Association. As concerns late payments of assessment/dues. They monthly homeowners assessment/dues are due and payable between the 1st and 5th business day of the month. If said monthly homeowners association assessment/dues are payment are delinquent a fee of
$5.00 will be charged. Said late fee will be assessed each month that the homeowners assessment/dues remain unpaid. The Association may bring an action at law against the Owner personally obligated to pay the same. Or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessment provided for herein by non use of the Common Area or abandonment of his lot.
As concerns non-sufficient funds checks: if the homeowner shall pay by check and the check should be returned for any reason, there will be a charge of $20.00. The Homeowners Association assessment/dues will be considered unpaid and late fees will be assessed until said account is brought current. If two NSF checks are received by the HOA in a six-month period, it will be the policy of the Association to refuse acceptance of checks from that homeowner for a period of one year and all payments to the association will need to be made using certified funds.
As concerns early payment of dues. As of the 1st day of January 2002, the board of directors has instituted an incentive program to assist in timely payment of homeowner dues.
- If dues are paid for a six-month period, in advance, and in one payment, dues will be reduced by $2.00.
- If dues are paid for a twelve month period, in advance and in one payment, dues will be reduced by$5.00. See amendment on Pg 17
Section 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgages, sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
ARTICLE V.
ARCHITECTURAL CONTROL
No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted and approved in writing as to harmony or external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.
ARTICLE VI.
PARTY WALLS
Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and to the extent not inconsistent with the provisions of the Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto.
Section 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the wall in proportion to such use.
Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts of omissions.
Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements.
Section 5. Right to Contribute runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner’s successors in title.
Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators.
ARTICLE VII.
EXTERIOR MAINTENANCE
In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each Lot which is subject to assessment hereunder, as follows: trees, shrubs, grass, walks, and other exterior improvements.
Such exterior maintenance shall not include paint, repair of exterior building surfaces, fencing, glass surfaces or roofs.
In the event that the need for maintenance or repair of a lot or the Improvements thereon is caused through willful or negligent acts of its owner, or through the willful or negligent acts of the family, guests, or invitees of the owner of the lot needing such maintenance or repair, the cost of such exterior maintenance shall be added to and become part of the assessment to which such lot is subject.
ARTICLE VIII.
USE RESTRICTIONS
Section 1. Land Use and Building Type. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one single-family dwelling not to exceed three stories in height above the ground level of highest elevation on which any portion of the main building is erected, and a private garage or carport and such out-buildings as are customarily appurtenant to dwellings, every building except a greenhouse to correspond in style and architecture to the dwelling to which it is appurtenant. No outbuilding shall exceed the dwelling to which it is appurtenant in height. Number of stories or size.
Section 2. Plans and Specifications. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to natural harmony of exterior design with the existing structure and as to location with respect to topography and finished grade elevations. No fence or wall more than two (2) feet in height shall be erected, placed or altered nearer to any street that the minimum setback line. No fence or wall shall be constructed higher than six feet (6’) and no fence or wall shall be constructed without prior approval of the Architectural Control Committee as to type, materials, etc.
The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the Committee, or its designated representative, fails to approve or disapprove within thirty (30) days after plans and/or specifications have been submitted to it, approval will not be required and the related covenants shall be deemed to have been fully complied with.
Section 3. Fees Payable to the Architectural Control Committee. The Architectural Control Committee may charge a fee for services attendant approval of plans not exceed $10.00 per thousand square feet of floor area or fraction thereof if plans are submitted for prior approval. The Committee may charge a fee of $100.00 per thousand square feet of total floor area or fraction thereof, plus reasonable attorney’s fees, if the plans are submitted after construction has begun.
Section 4. Dwelling Size. No one or two-bedroom dwelling erected on any lot shall contain less than 800 square feet, heated area only, exclusive garages, carports, storage and other open area. No three-bedroom dwelling erected on any lot shall contain less than 1000 square feet, heated area only, exclusive of garages, carports, storage and other open area. No four or more bedroom dwelling erected on any lot shall contain less than 1200 square feet, heated area only, exclusive of garages, carports, storage and other open area.
Section 5. Lot size. No dwelling shall be erected or placed on any lot platted other than as shown on the approved plat unless approved by the Board of Directors or the Architectural Control Board. No residential lot or lots shall be re-subdivided without approval.
Section 6. Easements. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. In addition, an easement for the reasonable overhang of a roof is hereby established.
Section 7. Nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No unsightly condition shall be created on any lot or permitted to remain thereon which specifically, without limitation by reference thereto, prohibits the storage and/or repair of a wrecked vehicle and/or vehicles on said premises.
Section 8. Temporary Structures. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence, either temporarily or permanently.
Section 9. Signs. No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet advertising the property for sale, or rent. Signs of a larger size advertising the subdivision may be erected by the Home Owners Association. See amendment on Pg 17
Section 10. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any lot.
Section 11. Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose or kept outdoors. The Home Owners Association shall have the right to regulate policies concerning pets’ usage of the Common Area.
Section 12. Garbage and Refuse Disposal. No lot shall be used for or maintained as a dumping ground for rubbish, trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in clean and sanitary condition, and screening provided therefore as approved by the Architectural Control Committee.
Section 13. Drainage. For drainage purposes, the grades and low elevations as left by the Developer shall be considered the natural drainage.
Section 14. Transport Vehicles. Trucks shall not be permitted to park on the Common Area or any of the lots overnight, and no vehicles of any size which normally transport inflammatory or explosive cargo may be kept in this subdivision at any time.
Section 15. Water Supply. No individual water supply system shall be permitted on any lot unless such system is located, constructed and equipped in accordance with the requirements, standards and recommendations of the City of Shreveport and the Caddo-Shreveport Health Unit. Approval of such system as installed shall be obtained from such authority and the Association prior to construction.
Section 16. Relocation of Building. Construction of new buildings only shall be permitted, it being the intent of this covenant to prohibit the moving of any existing building onto a lot and remodeling or converting same into a dwelling unit in this subdivision.
Section 17. Completion of Construction. Construction of a home on a lot, once started, must be diligently pursued and completed within a reasonable time.
Section 18. Parking. Parking of automobiles and other motor vehicles on the Common Area shall be prohibited except to the extent authorized and permitted by the Association. Two parking spaces for automobiles shall be provided on each lot. See amendment on Pg 17
Section 19. Antennas. Dish antennas will be permitted on units: (in accordance with FCC rules)
- Provided they are attached to only that home owner’s unit.
- Any wires or cables from the dish to the owner’s property must not be attached to any other unit with that unit owner’s written permission, a copy of which must be filed with the Home Owner’s Association.
- The size of the antenna/dish must not exceed 1 meter or 39.37 inches in diameter.
- Any wires and/or cables from the antenna to the owner’s unit must be attached and not left hanging loose, so as to be unsightly or to cause a nuisance by banging or knocking against the siding or the roof of the unit.
ARTICLE IX.
GENERAL PROVISIONS
Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. See amendment on Pg 17
Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
Section 3. Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. The Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety percent (90%) of the Lot Owners, and thereafter by an instrument signed by not less than seventy-five (75%) of the Lot Owners. Any amendment must be recorded.
THUS DONE AND PASSED before me, the undersigned Notary, and in the presence of the undersigned witnesses on this 7th day of August, 1980.
BEAL LOCKE AND ASSOCIATES, INC.
By: Beal Locke, President
AMENDMENTS
AIR CONDITIONING AND HEATING WINDOW UNITS
Effective August 22, 2011
Declaration of Covenants and Restrictions Article VIII, Section 20
Air Conditioning & Heating window units are prohibited.
Bylaws Article IV. Section 9
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if dues are paid for a six-month period, in advance, and in one payment, dues will be reduced by $10.00
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if dues are paid for a twelve-month period, in advance and in one payment, dues will be reduced by $20.00
OFFICERS AND THEIR DUTIES
Effective October 23, 2018
Bylaws Article VIII, Section 8 (c)
The Secretary -Treasurer shall record votes and keep the minutes of all meetings and proceedings of the Board and of the members, review the financials, assisting in development of the annual budget, and presenting financial information to include a statement of income and expenditures to the members of the association at its regular annual meeting.
Article VIII, Section 8 (d) deleted and no longer applies
PARKING
Effective February 19, 2019
Declaration of Covenants and Restrictions, Article VIII, Section 18
All vehicles parked under carports, garages, and in visitor parking spaces must be considered legal vehicles. All vehicles must have a current registration, license and tag. All vehicles must be operable with no flat tires or other defects that prevent mobilization. No visitor or resident will be allowed to use more than one visitor parking space at any time. Residents or visitors utilizing a visitor parking space for more than one consecutive week shall notify the association to ensure the compliance of said vehicle. All vehicles not in compliance with the above stated regulations will receive one written warning from the Property Management Company with a 3-day notice to comply before the vehicle will be towed at the vehicle owner’s expense. Any exceptions due to unforeseen or emergency situations may be approved by the Board of Directors or the Property manager, otherwise, the vehicle will be considered non-compliant. Requests for exceptions must be made to the Board of the Property Manager by letter or by electronic mail.
Vehicles are prohibited from parking in fire lanes. Vehicles may not extend beyond fire lane marking when parking outside of a garage or behind other vehicles parked in a carport. Vehicles blocking the fire lane will be towed immediately at the owner’s expense.
ENFORCEMENT
Effective April 6, 2019
Bylaws Article 7, Section 1a, and as it applies to Declarations and Covenants Article IX. General Provisions Section 1.
The Board of Directors of Parkway Commons Homes Association, Inc. has agreed to establish a penalty for any infraction of HOA rules and regulations. Written notification of the infraction will be sent to the homeowner giving 30 days from date of notice to remove the infraction. The notice will be delivered by certified mail/return receipt to the homeowner and applies whether homeowner signs for their mail or not. Failure to remove the infraction and comply with HOA rules and regulations within 30 days of the date of notice will result in a $250 fine, and an additional $25 per day until homeowner becomes compliant.
INITIATION ADMINISTRATIVE FEE
Effective August 10, 2019
Declaration of Covenants and Restrictions, Article III, Section 3
New members of the association must pay a one-time initiation fee. The fee is set by the Board of Directors. The fee effective of this date is $100.00.
SIGNS
Effective October 5, 2019
Declaration of Covenants and Restrictions, Article VIII, Section 9
No sign of any kind shall be displayed to the public view on any lot except one sign of not more than five square feet advertising the property for sale or rent. Furthermore, all real estate signs must be in front of the home for sale and are prohibited from the common ground area along the Service Parkway. Signs of larger size advertising the subdivision may be erected by the Parkway Commons Homes Association, Inc.
