I. PROCEDURE
The POA may accept transfer of title of the Lot upon Owner(s) submittal of:
a.) Copy of the current deed;
b.) A survey of the lot;
c.) A letter from the appropriate Public Health Authority stating that the Lot is not suitable for
building;
d.) Proof that all taxes due on the Lot up to the date of conveyance have been paid without
proration;
e.) Proof that the Lot is free and clear of all liens and encumbrances other than the Declaration;
and
f.) Proof that all assessments on the Lot have been paid up to the date of the transfer of title.
The POA will not accept transfer of title on a lot that has been previously replatted and later
deemed Unbuildable.
Upon approval by the Board, the owner must promptly submit a warranty deed transferring the
property to the POA to complete the transaction.
II. RESPONSIBILITIES
POA Board and General Manager
III. SCOPE
IV. DEFINITIONS
a.) Unbuildable Lot – Any Big Canoe lot that cannot support septic system requirements as
defined in Article X, Exhibit “A” of the Declaration.
b.) Buildable Lot – shall mean any lot that has not been designated Unbuildable.
c.) Improved Lot – shall mean a Family Dwelling Unit as defined in Article 1, Section (d) of the
Declaration.
d.) Unimproved Lot – shall mean a Residential Lot as defined in Article 1, Section (e) of the
Declaration.
e.) Contiguous Lots – shall mean a common boundary where at least 75% of the longest
touching boundary line is shared by the majority lot.
V. RELATED POLICIES OR DOCUMENTS
VI. Reference:
Procedure 107.2 Disposal of POA Property
I. PROCEDURE
The POA may own Non-Common property through transfer of title or other means. The General Manager will recommend to the board, for approval, plans for disposal of any properties that have been transferred to the POA.
II. RESPONSIBILITIES
POA General Manager
III. SCOPE
IV. DEFINITIONS
V. RELATED POLICIES OR DOCUMENTS
I. PROCEDURE
The Owner of adjacent lots, one of which is unbuildable and one of which is Buildable may
combine those lots into a single property if all of the following are met:
a.) One lot has been officially designated by the appropriate public health authority as not suit-
able for building.
b.) The Developer has approved the combination according to Covenants provisions.
c.) All POA assessments on both lots have been paid up to the date of the scheduled Board
action for approval of the combination.
d.) The Property Owner pays the POA a fee equal to five years of unimproved lot assessments
at the current rate.
Upon Board approval and payment of the fee, the ongoing POA fee for the combined lot will be
that of a single lot, improved or unimproved as may apply.
Upon Board approval and payment of the fee, the Property Owner will have 60 days to complete the re-platting. If not completed, the unimproved lot will revert to normal billing and the five year fee will be refunded, less fees due for the interim period.
If circumstances should change over time such that the unbuildable lot becomes suitable for
building, the owner of the combined lot may apply to the POA Board for approval to reverse the
combination consistent with the boundaries prior to the combination. The Board may approve
if all of the following are met:
a.) The suitability for building is documented by the appropriate governmental authority.
b.) All POA assessments have been paid up to the date of the scheduled Board action for approval of the separation.
c.) If improvement has taken place after the combination, the location of the building must be
such that the separation will result in necessary setbacks being maintained on the separated
Building Lot.
d.) The Property Owner pays all fees and assessments that would have been paid on the previously unbuildable lot had the combination not been done. The five year fee equivalent paid at the time of the combination will be credited to the current owner of the combined lot.
e.) The Property Owner requesting the separation pays the POA a $1,000 administrative fee.
II. RESPONSIBILITIES
POA Board and General Manager
III. SCOPE
IV. DEFINITIONS
Improved lot fee is the “Family Dwelling Unit” fee per Article VI of the Declaration
Unimproved lot fee is the “Residential Lot” fee per Article VI of the Declaration
V. RELATED POLICIES OR DOCUMENT
I. PROCEDURE
A buildable but unimproved lot, not owned by the Developer, may be combined with one or more contiguous Improved Lots or Buildable but Unimproved Lots. The POA fees and assessments for the unimproved lot, or parts thereof, will be added, in proportion, to the improved lot or lots with which it is combined. The POA Board may approve the combination(s) if all POA assessments for all affected lots have been paid up to the date of the scheduled Board approval of the combination(s) and the Developer has approved the combination according to Covenants provisions.
Upon Board approval, the Property Owner(s) will have 60 days to complete the re-platting or
the approval will be automatically withdrawn.
If the unimproved lot has not been divided in the combination, the owner may later return the
unimproved lot to its original status and continue to pay the fees and assessments. A $1,000
administrative fee will be paid to the POA by the Owner. An unimproved lot that has been
divided for combination with multiple lots may not be restored to single lot status.
II. RESPONSIBILITIES
III. SCOPE
IV. DEFINITIONS
a.) Improved lot fee is the “Family Dwelling Unit” fee per Article VI of the Declaration
b.) Unimproved lot fee is the “Residential Lot” fee per Article VI of the Declaration
V. RELATED POLICIES OR DOCUMENTS
I. PROCEDURE
The Owner of a two acre or larger lot may split the property into two lot lots if the following are
verified and submitted:
a.) Both lots are not reduced to a size more than 10% smaller than the smallest lot shown on
the first plat of the Neighborhood Are recorded per the Covenants and Restrictions Article 2,
Section 2 (s);
b.) A survey of the two lots;
Both lots have been officially designated by the appropriate public health authority as suitable
for building;
c.) The Developer has approved the splitting of the property according to Covenants provisions;
d.) The approval of all surrounding Property Owners;
e.) Proof that all taxes due on the current Lot is up to the date of conveyance have been paid
without proration; and
f.) Proof that the current Lot is free and clear of all liens and encumbrances other than the
Declaration.
Upon Board approval, the Property Owner will have 60 days to complete the re-platting or approval will be automatically withdrawn. An unimproved lot that has been divided may not be restored to single status.
II. RESPONSIBILITIES
POA Board and General Manager
III. SCOPE
IV. DEFINITIONS
a.) Unbuildable Lot – Any Big Canoe Lot that cannot support septic system requirements as
defined in Article X, Exhibit “A” of the Declaration.
b.) Buildable Lot – shall mean any lot that has not designated as Unbuildable.
c.) Improved Lot – shall mean a Family Dwelling Unit as defined in Article 1, Section (d) of the
Declaration.
d.) Unimproved Lot – shall mean a Residential Lot as defined in Article 1, Section (e) of the
Declaration.
e.) Surrounding Property Owners – shall mean Property owners with contiguous lots and lots across the road.
f.) Contiguous Lots – shall mean a common boundary where at least 75% of the longest touching boundary line is shared by the majority lot.
V. RELATED POLICIES OR DOCUMENTS
Covenants and Restrictions
