Longleaf Legal Documents
| Image | Title | Type | Updated | Counter | Link |
|---|---|---|---|---|---|
|
|
pdf |
Oct 21, 2024 |
2 |
||
|
|
pdf |
Oct 21, 2024 |
3 |
||
|
|
pdf |
Oct 21, 2024 |
1 |
||
|
|
pdf |
Oct 21, 2024 |
5 |
||
|
|
pdf |
Oct 21, 2024 |
6 |
||
|
|
pdf |
Oct 21, 2024 |
2 |
||
|
|
pdf |
Oct 21, 2024 |
2 |
||
|
|
pdf |
Oct 21, 2024 |
2 |
||
|
|
pdf |
Oct 21, 2024 |
1 |
||
|
|
pdf |
Oct 21, 2024 |
1 |
||
|
|
pdf |
Oct 21, 2024 |
0 |
Callaway Resort Community Documents
| Image | Title | Type | Updated | Counter | Link |
|---|---|---|---|---|---|
|
|
pdf |
Oct 21, 2024 |
4 |
||
|
|
pdf |
Oct 21, 2024 |
3 |
||
|
|
pdf |
Oct 21, 2024 |
7 |
||
|
|
pdf |
Oct 21, 2024 |
2 |
||
|
|
pdf |
Oct 21, 2024 |
6 |
||
|
|
pdf |
Oct 21, 2024 |
5 |
CROA Documents
| Image | Title | Type | Updated | Counter | Link |
|---|---|---|---|---|---|
|
|
pdf |
Oct 21, 2024 |
6 |
||
|
|
pdf |
Oct 21, 2024 |
5 |
Longleaf Rules
| Image | Title | Type | Updated | Counter | Link |
|---|---|---|---|---|---|
|
|
pdf |
Oct 21, 2024 |
4 |
||
|
|
pdf |
Oct 21, 2024 |
2 |
||
|
|
pdf |
Oct 21, 2024 |
2 |
Tree Removal Policies and Forms
| Image | Title | Type | Updated | Counter | Link |
|---|---|---|---|---|---|
|
|
pdf |
Oct 21, 2024 |
8 |
||
|
|
pdf |
Oct 21, 2024 |
7 |
Golf Cart Policies
| Image | Title | Type | Updated | Counter | Link |
|---|---|---|---|---|---|
|
|
pdf |
Oct 21, 2024 |
2 |
||
|
|
pdf |
Oct 21, 2024 |
4 |
||
|
|
pdf |
Oct 21, 2024 |
3 |
Guidelines and Requests
| Image | Title | Type | Updated | Counter | Link |
|---|---|---|---|---|---|
|
|
pdf |
Oct 21, 2024 |
5 |
||
|
|
pdf |
Oct 21, 2024 |
7 |
||
|
|
pdf |
Oct 21, 2024 |
3 |
Longleaf is one of several residential communities within Callaway Gardens, all of which are subject to the Community Charter for Callaway Resort Residential Properties (the “Charter”) and the Amended and Restated Community Covenant for Callaway Resort (the “Covenant”). Longleaf is also subject to the Declaration of Covenants, Conditions and Restrictions for Longleaf at Callaway (the “Declaration”).
Longleaf lots and owners must comply with the requirements of the Charter, the Covenant, and the Declaration.
A description of the legal documents, rules, procedures, guidelines, and forms affecting Longleaf owners follows. This description is intended to assist you in understanding your obligations under these documents. It is not intended to be a definitive or all-inclusive summary and is not a substitute for a complete review of the documents themselves. Click on the hyperlinks to view the documents.
Longleaf comprises two separate subdivisions, Longleaf at Callaway, Phase 1, and Longleaf at Callaway, Phase 2. Each subdivision plat is recorded in the Office of the Clerk of Superior Court of Harris County, Georgia. The plat for Phase 1 is recorded in Plat Book 28, Page 242, and the plat for Phase 2 is recorded in Plat Book 30, page 227.
Longleaf has 138 lots. Phase 1 includes Lots 1–54 and 87–90. Phase 2 includes Lots 55–86 and 91–138.
Phase 1 plat
Phase 2 plat
The Charter is the master declaration for the residential communities in Callaway Gardens. It was recorded in 2003 by Cousins Real Estate Corporation, the original developer of Longleaf. Cousins is referred to in the Charter as the Founder. The Charter was amended in 2008. In the same year, Cousins assigned its rights as Founder to Cousins/Callaway, LLC, which changed its name in 2017 to Callaway Living, LLC. Callaway Living, LLC, is currently the Founder. Callaway Gardens Resort, Inc., is the sole owner of Callaway Living, LLC.
CROA. Callaway Residential Owners Association, Inc. (“CROA”), has authority under the Charter to administer the residential communities. The Charter calls each community both a Neighborhood and a Service Area. Each lot in a Neighborhood is called a Unit.
Budgets. The Charter requires CROA to adopt annual budgets for common expenses benefiting all residential community owners and separate annual budgets for expenses relating to individual Service Areas.
Supplements. In 2003, Cousins recorded a Supplement to the Charter designating Longleaf at Callaway, Phase 1, as the Longleaf Service Area. In 2004, Cousins recorded another Supplement to the Charter expanding the Longleaf Service Area to include Longleaf at Callaway, Phase 2.
The Supplements obligated CROA to maintain the Longleaf common area and the landscaping on the Longleaf lots. The Supplements authorized CROA to levy assessments against the Longleaf owners to fund the maintenance.
Longleaf Pioneers. The 2003 Supplement was amended by a First Amendment recorded October 16, 2009. The First Amendment granted three privileges to Longleaf lot owners who had acquired title to their lots prior to the recording of the First Amendment (“Longleaf Pioneers”):
See Covenant discussion below.
Longleaf Declaration. The 2003 Supplement was further amended by a Second Amendment recorded August 31, 2015. The second amendment replaced the Supplements in their entirety with the Declaration, which transferred administration of the Longleaf Service Area from CROA to Longleaf Community Association (see Declaration discussion below).
Assessments. Although CROA is no longer responsible for maintaining Longleaf, each Longleaf owner remains a member of CROA and is subject to assessments levied by CROA for common expenses benefiting all residential community owners. Under section 12.7 of the Charter, the assessments are secured by a lien on the owner’s lot.
Restrictions. Chapter 7 of the Charter imposes various restrictions on the Longleaf lots, including restrictions on home businesses and leasing. Section 7.1(b) requires a lot owner to notify CROA of any lease. Section 7.1(c) requires a lot owner to notify CROA of a sale of the lot, including the name and address of the purchaser, at least 7 days prior to closing.
Rules. Important CROA rules governing use of the Longleaf lots are set forth in Exhibit “C” to the Charter. Rule 3(d) requires registration of any private golf cart used within Callaway Gardens (see links below to Golf Cart Policy, Golf Cart Inspection Checklist, and Golf Cart Registration form).
Architectural Approval. Under chapter 5 of the Charter, all site work, landscaping, structures, improvements, and other exterior items placed on a lot are subject to Design Guidelines adopted by the Founder (see link below to Design Guidelines) and require approval of the Design Review Committee (see link below to Request For Architectural/Landscape Change or Addition form).
Charter (2003)
First Amendment to Charter (2008)
Assignment of Founder’s Rights (2008)
Cousins/Callaway, LLC, Name Change Amendment (2017)
First Supplement to Charter (2003)
Second Supplement to Charter (2004)
First Amendment to Supplement (2009)
Golf Cart Policy
Golf Cart Inspection Checklist
Golf Cart Registration
Design Guidelines for New Landscapes Longleaf (2005)
Request For Architectural/Landscape Change or Addition
CROA Articles of Incorporation
CROA Bylaws
The Covenant was recorded in 2008 by Callaway Gardens Resort, Inc., and superseded a previous version of the Covenant recorded in 2003. The Covenant was amended in 2009 and 2011. The Covenant is intended to provide
The Covenant authorizes Callaway Community Council, Inc. (the “Council”), to (a) own and maintain roads, landscaping, and related improvements providing general benefit to the Callaway Community and (b) otherwise serve the common good and general welfare of the Callaway Resort and surrounding community.
Budgets. The Council adopts annual budgets for administrative and maintenance expenses. Those expenses are funded by annual assessments against all owners of property within the Callaway Resort, including owners of Longleaf lots. Council assessments against Longleaf owners are not billed to Longleaf owners directly; they are included in the assessments Longleaf owners pay to CROA.
Assessments. The method of allocating assessments among the Callaway Resort property owners is set forth in Exhibit “D” to the 2009 amendment and is based on the rate of traffic generation assigned to each land use classification within Callaway Resort. However, under paragraph 5 of Exhibit “D” and section 5.7 of the 2003 Supplement to the Charter, as amended by the First Amendment to Supplement (see Charter discussion above), the amount of assessments levied against Longleaf Pioneers is limited by the provisions of section 5.7.
Foundation Contribution. Section 3.10 of the Covenant, as amended in 2009, requires each lot owner in Callaway Gardens to make an annual contribution to Ida Cason Callaway Foundation, Inc. (the “Foundation”). These contributions fund Foundation activities and services relating to Callaway Gardens. The annual contribution is $500 or such greater amount as the Foundation determines, subject to a cumulative cap of 5 percent per year unless CROA agrees to a higher amount. The contribution is secured by a lien on the owner’s lot. The annual contribution requirement does not apply to Longleaf Pioneers (see section 5.8 of the 2003 Supplement to the Charter, as amended by the First Amendment to Supplement).
Community Enhancement Fee. Section 2.2(b) of the Covenant requires the seller of a Longleaf lot to pay at closing a Community Enhancement Fee. The amount of the Fee is determined by the Council, but the amount cannot exceed 1 percent of the selling price. One-half of the Fee is payable to the Council, and one-half is payable to the Foundation. The Fee is secured by a lien on the lot. Separate notice of the Fee was recorded in 2008.
Covenant (2008)
First Amendment to Covenant (2009)
Second Amendment to Covenant (2011)
Notice of Community Enhancement Fee (2008)
Council Articles of Incorporation
Council Bylaws
Unlike the Charter and the Covenant, the Declaration applies only to Longleaf. The Declaration was recorded August 31, 2015, as an attachment to a document captioned “Second Amendment to the Supplement to the Community Charter for Callaway Resort Residential Properties – Longleaf at Callaway.”
Association. Under sections 2.1 and 2.2 of the Declaration, Longleaf Community Association, Inc. (the “Association”), acting through its board of directors, has authority to administer Longleaf. The Association was incorporated as a Georgia non-profit corporation on May 22, 2014. Because the preamble to the Declaration made Longleaf subject to the Georgia Property Owners’ Association Act, the Association is governed by the Act in addition to the Declaration and the Association’s articles of incorporation and bylaws.
Association Membership and Voting. Under Section 3.1 of the Declaration, each Longleaf lot owner is a member of the Association. Under section 3.2, each Longleaf lot is entitled to one vote.
Directors. As specified by Article 7 of the Association’s articles of incorporation, the Association has five directors. Under section 4.2 of the Association’s bylaws, the Foundation has the right to appoint one of the directors as long as the Foundation owns a Longleaf lot. Thereafter, CROA has the right to appoint one of the directors, who will serve in a non-voting capacity. The remaining four directors are elected by the Association membership at the annual meeting of members. As prescribed by section 4.2 of the Association’s bylaws, two directors are elected in even years, and two directors are elected in odd years.
Budgets and Assessments. Article 8 of the Declaration governs the Association’s finances. Section 8.2(a) requires the board of directors to adopt annual budgets of estimated Common Expenses and to include, in addition to any operating reserves, reserves for repair and replacement of capital items. Section 8.6 authorizes the board to levy assessments against the Longleaf lots to fund the annual budgets. Under Section 8.7(c), assessments against a lot are secured by a lien on the lot.
Longleaf Common Area. As provided in section 2.6 of the Declaration, the Longleaf Common Area comprises all property in Longleaf other than the lots. The Longleaf Common Area was conveyed by deed from CROA to the Association when the Declaration was recorded. Under section 5.1(b) of the Declaration, the Association is responsible for maintaining the Longleaf Common Area.
Lot Maintenance. Section 5.2 of the Declaration governs maintenance of the lots. Each lot owner is responsible for maintaining the structures, landscaping, and other improvements on the lot. The Association, however, is responsible generally for weed and ant control on yards; removal of leaf, limb, and other yard debris from yards; replenishment of pine straw; cleaning of pine straw and debris from road drains; repairing of ruts and wash out areas in the yards; and the pruning of trees and shrubs.
Lot Irrigation Systems. The Declaration initially obligated the Association to maintain the lot irrigation systems. By amendment to the Declaration in 2016, this obligation was eliminated. The lot owners are responsible for maintaining their own irrigation systems.
Insurance. Article 7 of the Declaration specifies the insurance obligations of the lot owners and the Association. Section 7.1 requires the Association to insure the improvements on the Longleaf Common Area. Section 7.5 requires each lot owner to carry property insurance for the full replacement cost of all insurable improvements on the lot.
Leases. Section 4.4 of the Declaration requires leases of Longleaf lots to be in writing and to have a term of at least 30 days.
Rules, Procedures, and Guidelines. The board of directors has approved rules governing parking in Longleaf; rules governing use of the pool and playground area; procedures for board approval of tree removal requests, including a form for requesting board approval; guidelines for reserving and using the post office, pool grill area, and greenspace; and guidelines for homeowner responsibilities and compliance (see links below to Parking in Longleaf Rules, Pool Rules, Playground Area Rules, Tree Removal Approval Procedures, Longleaf Tree Removal Form, Reservation and Usage Guidelines, and Homeowner Responsibilities and Compliance).
Declaration (2015)
Longleaf Common Area Deed (2015)
Amendment to Declaration (2016)
Association Certificate of Incorporation
Association Articles of Incorporation
Association Bylaws
Parking in Longleaf Rules
Pool Rules
Playground Area Rules
Tree Removal Approval Procedures
Longleaf Tree Removal Form
Reservation and Usage Guidelines
Homeowner Responsibilities and Compliance
The Callaway Gardens Connection was created in January 2009 to provide social gatherings, educational and cultural events, and other benefits for its members. Initially, membership in the Connection was optional for Longleaf owners. That changed with the recording of the First Amendment to the Covenant on October 16, 2009 (see Covenant discussion above), when section 3.9 of the Covenant was amended to elaborate on the functions of, and mandatory membership in, the Connection (referred to in the Covenant as the “Callaway Club”).
As amended, section 3.9 of the Covenant requires each Longleaf owner to be a member of the Connection and to pay an annual membership fee. The annual membership fee is $500 or such greater amount as Callaway Gardens Resort, Inc., determines, subject to a cumulative cap of 5 percent per year unless CROA agrees to a higher amount. The annual membership fee is secured by a lien on the owner’s lot. Longleaf Pioneers are not required to be members of the Connection or pay the annual membership fee (see section 5.8 of the 2003 Supplement to the Charter, as amended by the First Amendment to Supplement).
