Page 7 - A&E Rules revised 11-14-22

1. The drawings or other material submitted are themselves inadequate or incomplete, or show the proposed
improvement to be in violation of A&E Regulations (see Section 115).
2. The requirements of the Restrictive Covenants have not been met.

142 -RESPONSIBILITY OF NOTIFICATION
When a surveyor is contracted to survey a lot, it is the property owner’s responsibility to inform the surveyor of
HLPOA building rules and regulations.

145 -UTILIZATION OF COMMON GROUND
Heritage Lake Property Owners Association common grounds shall not be utilized during construction in any way
without written permission from the Property Manager.

148 - APPROVALS ACCORDING TO RESTRICTIVE COVENANTS
Any structure approved by the Heritage Lake A&E Committee is approved according to the design requirements,
limitations and restrictions of the Heritage Lake Restrictive Covenants and A&E Regulations.

151 - SIGNIFICANT CHANGES
1. Any significant changes in the external structure and/or design of the home during the “construction process”
without approval of the A&E Committee members, will result in an immediate injunction.
2. Changes will be noted on a new Compliance Form which will be filed in the construction folder for that property
and maintained in the POA office after the A&E Committee approval.
3. Any violations discovered by the A & E Committee or the POA shall be submitted to the Putnam County Inspector
for evaluation and/or fines. The county can and will issue fines at the request of Heritage Lake
POA.
154 - CONSTRUCTION OVER LOT LINES
Before submitting an application to the A&E Committee for construction over a lot line (contiguous lots), the property
owner must deed the two lots into one lot and record this change with the Putnam County Clerk. A copy of the
recorded deed is to be submitted for any project that requires the properties to be deeded together. Lots that are
deeded together cannot be separated once a structure has been built on the non- house lot or into the easement
between the two lots.

157 - VARIATIONS
The HLPOA Board after consulting with the A&E Committee shall determine and vary these regulations in harmony
with their general purpose and intent, only in the specific instances hereinafter set forth.
1. Application
a. An application or communication to the Property manager or A&E committee chairman for a variation shall be
filed with the HLPOA Board on a prescribed form.
b. The application or communication shall contain such information as the A&E Committee shall require.
c. No more than ninety days after filing of such application or communication, a hearing shall be held on the
application.
2. Standard of Variations: The Board shall not vary these regulations, as authorized herein, unless it shall make
findings based upon the evidence presented to it in each specific case that there are practical difficulties or
particular hardships in the way of carrying out the strict letter of the regulations due to the following findings of
facts:
a. The particular physical surroundings shape or topographical condition of the specific property involved would
result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of
the regulations were carried out.
b. The conditions upon which the petition for a variation is based would not be applicable, generally, to other
property within the same building classification.
c. The purpose of the variation is not based exclusively upon financial considerations.
d. The alleged difficulty or hardship has not been created by the owner of the property.
e. The granting of the variation will not be detrimental to the public welfare or injurious to other property or
improvements in the neighborhood in which the property is located.
f. . The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially
increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or
substantially diminish or impair property values within the neighborhood, or adversely affect the health, morals,
or general welfare of the public.
The Board shall impose such conditions and restrictions upon the premises benefited by a variation as shall be
necessary to comply with the standards set forth in this section to reduce or minimize the injurious effect of such
variation upon other property in the neighborhood, and to carry out the general intent of these regulations.

160 – GRANDFATHERED STRUCTURES

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