BRIDGETOWN COMMUNITY ASSOCIATION
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BRIDGETOWN COMMUNITY ASSOCIATION, INC.
STANDING RULES GOVERNING COMMON PROPERTIES
September 14, 2020

I. GENERAL RULES
A. Residents of Bridgetown must have current buttons or armbands with them when using any common properties, such as lakes, parks, etc.  Buttons or armbands must be visible.
B. Current hangtag must be displayed on dash or rearview mirror on all vehicles parked on Association property in which resident is utilizing a watercraft on Association’s lakes.
C. Guests must be accompanied by a Bridgetown property owner or resident who has current armbands/buttons in his/her possession, or have in their possession the owner’s current armbands/buttons.  Buttons or armbands must be visible.
D. Guest groups of five (5) or more must be accompanied by property owner or resident.
E. It is the responsibility of the property owner to ensure that their guests abide by the rules of the Association.  Violation may result in suspension of privileges for homeowner and guest.
F. Abusive or obscene language or behavior will not be tolerated on Association property. Violators will be required to leave Association’s property immediately. Violators will be subject to suspension of privileges.
G. Animals will be considered a nuisance, per DeSoto County ordinance, if they:
  1. Molest passersby or passing vehicles;
  2. Attack other animals;
  3. Trespass on Association’s property or private property;
  4. Run at large;
  5. Damage private or public property;
  6. Vocalize in a manner which is plainly audible to a person of ordinary hearing, not on the same property as the Animal making the vocalization, for a period of more than 15 minutes without interruption or more than 30 minutes with brief or limited interruption.
H. Boats, boat trailers and all other types of trailers, RV’s, campers, and motor homes must be parked beside or behind a residence on a continuous hard surface.

 II. PARKS
A. No alcohol or drugs permitted in parks.
B. No smoking, vaping, or use of e-cigarettes permitted in Okeechobee Park, Sunset Park, McCloskey Park, pavilion, community center, and beach area. 
C. No animals are allowed in the parks, or designated swimming area/beach, with the exception of service animals. 
D. Animals are allowed on Association’s levees and boat ramps.  Animals must be on a leash.
E. Parks are closed between sunset and sunrise to all persons. Fishing on Association property is allowed during this period on the main levee of Sunrise Lake on Big Horn Drive North and the levee between Sunset and Sunrise Lakes on Itasca Drive.  

III. SWIMMING AREA
A. No lifeguard is on duty.  All persons swimming in the lake do so at their own risk.
B. No children under sixteen (16) years of age will be permitted to swim or boat in the lakes without adult supervision of (18) years of age or older.  Adult supervision must be present in the park and within sight and hearing distance from children. 
C. No nude swimming or sunbathing is permitted at any time.
D.  No fishing, paddle craft, or boats allowed within thirty (30) feet of the swimming area or swim dock.
E.  The swimming area is closed between sunset and sunrise.

IV. COMMUNITY DOCKS
Public docks are for the enjoyment of the members of Association and will not be used as a marina, nor will swimming within (100) feet be permitted.

V. PRIVATE DOCKS
A.  The maximum length of a dock is limited to twenty-four (24) feet.
B.  Docks may extend to a maximum of twenty (20) feet into the lake from the rear property lines.
C.  Private docks built in coves shall not extend more than twenty (20) feet or one-third (1/3)              distance across cove whichever is less.
D.  Floating docks shall conform to maximums above. All floating docks must be permanently anchored
E.   All docks require approval of the Architectural Control Committee.

VI. FISHING
A. Fishing apparatus such as trot lines, set poles, jug/noodle fishing, nets, etc. are not permitted at any time.
B. No fish shall be added to the lakes without written permission from the Association.
C. No materials, such as rocks, trees, bushes, artificial attractants, etc., are allowed to be placed in the lakes without written permission from the Association.
D. Current button/armband must be in possession of property owner or guest in each boat or watercraft.  Buttons/arm bands must be visible.
E. Current hangtag must be displayed on dash or rearview mirror on vehicles parked on Association property in which resident is utilizing a watercraft on Association’s lakes.  

VII. WATERCRAFT
A. All watercraft must be plainly marked on both sides with a “B” and lot number in “3” inch letters.  Watercraft include boats, paddleboats, canoes, and kayaks.  No jet skis are allowed.
B. No-wake speed required on both lakes.
C. All watercraft shall be equipped with flotation devices, life jackets, boat cushions, etc. in accordance with Mississippi Department of Wildlife, Fisheries, and Parks guidelines.
D. All watercraft operating between sunset and sunrise shall be equipped with navigational lights in accordance with the Mississippi Department of Wildlife, Fisheries, and Parks guidelines. 
E. No skiing or tubing (inflatable, water board, etc. carrying individuals pulled by motorized watercraft) at any time on the Association’s lakes.  

VIII. MOTORIZED VEHICLES
A. No motorized vehicles allowed in the parks and common areas owned by the Association.
B. No ATVs/UTVs/dirt bikes/go-carts regardless if gas, diesel or battery powered, allowed in parks, common areas, or including boat ramps and all designated parking areas owned by the Association.
C. Motorized vehicles are permitted on lake levees on Big Horn Drive North and Itasca Drive, but entire vehicle must be within ten (10) feet of the paved road.  
 
Violation of any standing rule(s) above will result in resident(s) and/or guest(s) immediate removal from Association’s property.  Suspension of privileges and/or legal action may be taken.

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*Covenants by Bridgetown Community Association, Inc.*
P.O. Box 56 Nesbit, MS, 38651
2000
THE DECLARATION OF PROTECTIVE COVENANTS
THIS DECLARATION made this 11th day of November, A.D. 1975 by BRIDGETOWN, INC., a Mississippi Corporation, hereinafter called Developer.
WITNESSETH:
WHEREAS, Developer is the owner of the real property described in Article II of this declaration and desires to create thereon a residential community with open spaces and other common facilities; and, to this end, desires to subject the real property described in Article II together with such additions as may hereafter be made thereto to the covenants, restrictions, easements and changes hereinafter set forth, each and all of which is and are for the benefit of said property and each owner there of; and
WHEREAS, Developer has deemed it desirable, for the efficient preservation of the values and amenities in said community, to create an agency to which should be delegated and assigned the powers of maintaining and administering the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and
WHEREAS, Developer has Incorporated under the laws of the State of Mississippi, as a non-profit corporation, The Bridgetown Community Association, Inc., for the purpose of exercising the functions of the aforesaid;
NOW, THEREFORE, the Developer declares that the real property described in Article II, and such additions thereto as may hereafter be made, is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants, restrictions, easements, and charges (sometimes referred to as “protective covenants and restrictions”) hereinafter set forth.

ARTICLE I
DEFINITIONS

SECTION 1.   The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings:

  1. “Association” or “Community Association” shall mean and refer to the Bridgetown Community Association, Inc.
  2. “The Properties” shall mean and refer to all such existing properties, and additions thereto, as are subject to this Declaration.
  3. “Common Properties” shall mean and refer to lakes and those areas     of land shown on any recorded subdivision plat of the Properties intended to be devoted to the common use and enjoyment of the owners of the Properties including other areas which the Developer may designate as Common Properties.
  4. “Lot” shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of Common Properties as heretofore defined.
  5. “Living Unit” shall mean and refer to any portion of a building situation upon the Properties designed and intended for use and occupancy as a residency by a single family.
  6. “Multi-family Structure” shall mean and refer to any building containing two or more Living Units under one roof except when such Living Unit is situated upon its own individual Lot.
  7. “Owner” shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot or Living Unit situated upon the Properties, but notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
  8. “Member” shall mean and refer to all those Owners who are members of the Association as provided in Article III, Section I, hereof.

ARTICLE II
PROPERTY SUBJECT TO THIS DECLARATION:
ADDITIONS THERETO


SECTION 1.    Existing Property.  The real property which is, and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration is located in DeSoto County, Mississippi, and is more particularly described as follows:

        SECTIONS A, B, AND C, Bridgetown, in Section 23, Township 2 South, Range 7 West, DeSoto
County, Mississippi as shown by the plat recorded in Plat Book 14 Pages 38-44, in the office of the Chancery Clerk of DeSoto County, Mississippi, all of which real property shall hereinafter be referred to as “Existing Property.”

Section 2.  Additions to Existing Property.  Additional lands may become subject to this Declaration in the following manner:

  1. Additions by the Developer.  The Developer may from time to time add to the properties such land as is now or hereafter owned or approved for addition by the Developer.  The Developer shall be under no obligation to add additional land to the properties.
  2. Mergers.  Upon a merger or consolidation of the Association with another association as provided in its Articles of Incorporation, its properties, rights, and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternately, the properties, rights, and obligations of another association may, by operation of law, be added to the properties, rights, and obligations of the Association as a surviving corporation pursuant to a merger.  The surviving or consolidated association may administer the covenants and restrictions established by this Declaration within the Existing Property together with the covenants and restrictions established upon any other properties as one scheme. No such merger or consolidation, however, sheall effect any revocation, change, or addition to the covenants established by this Declaration with the Existing Property except as hereinafter provided.

ARTICLE III
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
SECTION 1.  Membership.  Every person or entity who is a record owner of a fee or undivided fee interest in any Lot or Living Unit which is subject by covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as security for the performance of any obligation shall not be a member.
SECTION 2.  Voting Rights.  The Association shall have two classes of voting membership.
CLASS A. Class A member shall be the all those Owners as defined in Section 1 with the exception of the Developer.  Class A members shall be entitled to one vote for each Lot or Living Unit in which they hold the interest required for membership in Section 1.  When more than one person holds such interest or interests in any Lot or Living Unit all such persons shall be members, and the vote for such Lot or Living Unit shall be exercised as they among themselves determine but in no event shall more than one vote be cast with respect to any such Lot or Living Unit.
CLASS B. Class B members shall be the Developer.  The Class B member shall be entitled to two times the total number of votes to which all Class A members are entitled, provided that the Class B membership shall cease and become converted to Class A membership on the happening of any of the following events, whichever occurs earlier:

  1. When the total number of votes to which the Class B member would be entitled (if the Class B membership were converted to Class A membership) is less than 5% of the total Votes; or
  2. On December 31, 1984

From and after the happening of these events, whichever occurs earlier, the Class B member shall be deemed to be a Class A member entitled to on vote for each Lot or Living Unit in which is holds the interest required for membership under Section 1.

For purposes of determining the votes allowed under the Section, when Living Units are counted, the Lot or Lots upon which such Living Units are situated shall not be counted.

ARTICLE IV
PROPERTIES RIGHTS IN THE COMMON PROPERTIES
SECTION 1.  Members Easements of Enjoyment.  Subject to the provisions of Section 3, every Member shall have a right and easement of enjoyment in and to the Common Properties and such easement shall be appurtenant to and shall pass with the title to every Lot or Living Unit.
SECTION 2.  Title to Common Properties.  The Developer may retain the legal title to the Common Properties until such time as it has completed improvement thereon and until such time as, in the opinion of the Developer, the Association is able to maintain the same but, but notwithstanding any provision herein, the Developer covenants, for itself, its heirs and assigns that it shall convey the Common Properties of the Association, free and clear of all liens and encumbrances, not later than December 31, 1984.
SECTION 3.  Extent of Members’ Easements.  The Rights and easements of enjoyment created hereby shall be subject to the following:

  1. the right of the Developer and of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the common Properties and in aid thereof to mortgage said properties.  In the event of a default upon any such mortgage the lender’s rights hereunder shall be limited to a right, after taking possession of such properties, to charge admission and other fees as a condition to continued enjoyment by the members and, if necessary, to open the enjoyment of such properties to a wider public until the mortgage debt is satisfied whereupon the possession of such properties shall be returned to the Association and all the rights of the members hereunder shall be fully restored; and
  2. the right of the Association to take such steps as are reasonably necessary to protect the above described properties against foreclosure; and
  3. the right of the Association, as provided in its Articles and Bylaws, to suspend the enjoyment rights of any Member for any period during which any assessment remains unpaid, and for any period not to exceed ninety (90) days for any infraction of its published rules and regulations; and
  4. the right of the Association to charge reasonable admission and other fees for the use of the Common Properties’ and
  5. the right of the Association to dedicate or transfer all of any part of the Common Properties to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to  the conditions thereof, shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the total votes of the membership has been recorded, agreeing to such dedication, transfer, purpose, or condition and unless written notice of the proposed agreement and action thereunder is sent to every Member at least ninety (90) days in advance of any action taken, and
  6. the right of the Association to enter into licensing agreements for the use of the Common Properties with owners of properties not subject to this Declaration which front on (or which about properties fronting on) any lake owned by the Association.

ARTICLE V
COVENANT FOR MAINTENANCE ASSESSMENTS
SECTION 1.  Creation of the Lien and Personal Obligation of Assessments.  The Developer for each Lot and Living Unit owned by him within the Properties hereby covenants and each Owner of any Lot or Living Unit by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, be deemed to covenant and agree to pay the Association:  (1) annual assessment charges; (2) Special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided: each such assessment, together with such interest thereon and cost of collection as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property as the time when the assessment fell due.  The Association may proceed in law or equity against the owner of any Lot or Living Unit to collect the annual or special assessments, together with such interest thereon and costs of collections thereof including attorney’s fees necessary to the collection thereof.

SECTION 2.  Purpose of Assessments.  The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents in the Properties and in particular for the improvement and maintenance of properties, services, and facilities devoted to this purpose and related to the use and enjoyment of the Common Properties and of the homes situated upon the Properties, including but not limited to, the payment of taxes and insurance thereon and repair, replacement, and additions thereto, and for the cost of labor, equipment, materials, management, and supervision thereof.

SECTION 3.  Basis and Maximum of Annual Assessments.  Annual assessments shall be as follows commencing January 1, 1976 for the next calendar year and at the end of such period the annual assessments may be increased by vote of the members, as herein provided:

        $20.00 for each S-1 Lot
        $10.00 for each S-2 Lot
        $5.00 for each S-3 Lot
        $20.00 for each P-1 Lot
        $10.00 for each P-2 Living Unit
        $10.00 for each M-1 Living Unit
The Board of Directors of the Association may, after consideration of current maintenance costs and future costs and needs of the Association, fix the actual assessment for any year at a lesser amount provided that the assessment for each of the above categories is reduced proportionately.
Assessment may be collected on a quarterly or yearly basis as determined from time to time by the Board of Directors.
For the purposes of this Section 3, the following definitions shall apply:
S-1    Lot means any single family residential Lot for which a building permit has been issued for construction of a free-standing residence.
S-2    Lot means any single family residential Lot for which no building permit for construction of a residence has ever been issued.
S-3    Lot means each single family residential Lot in addition to one S-1 Lot or one S-2 Lot owned by the same member for which no building permit has ever been issued for construction of a residence.  To qualify as an S-3 Lot, record title thereto must be exactly the same as that for the related S-1 or S-2 Lot.
P-1.    Lot means any planned unit residential Lot subject to the Indenture of any Area Association which is improved with a residence attached by a party wall to an adjoining residence after title to the Lot has been transferred by the builder to the first user thereof.
P-2.    Lot Living Unit means any occupant-owner Living Unit after title thereto has been transferred by the builder to the first user thereof.  For example: a condominium unit not situated on its own Lot.
M-1.    Living Unit means any Living Unit in a multi-family structure owned by a single party from and after the date on which such Living Unit is first occupied by a tenant.

SECTION 4.  Special Assessment for Capital Improvements.  In addition to the annual assessments authorized by Section 3 hereof, the Association my 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 or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Properties, including the necessary fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) if the total votes of 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 at least thirty (30) days in advance and shall set for the purpose of the meeting.
SECTION 5.  Change in Basis and Maximum of Annual Assessments.  Subject to the limitations of Section 3 hereof, and for the periods therein specified, the Association may change the maximum and basis of the assessments fixed by Section 3 hereof prospectively for any such period provided that 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 at least thirty (30) days in advance and shall set forth the purpose of the meeting, provided further that limitations of Section 3 hereof shall not apply to any change in the maximum and basis of the assessments undertaken as an incident to a merger or consolidation in which the Association is authorized to participate under its Articles of Incorporation and Article II, Section 2 hereof.
SECTION 6.  Quorum for Any Action Authorized under Section 4 and 5.  The quorum required for any action authorized by Sections 4 and 5 hereof shall be as follows:  At the first meeting called, as provided in Sections 4 and 5 hereof, the presence at the meeting of Members, or of proxies, entitled to cast sixty (60) percent of all the votes of the membership shall constitute a quorum.  If the quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in Sections 4 and 5, and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.
SECTION 7.  Date of Commencement of Annual Assessments.  Due Dates.  The annual assessments provided for herein shall commence on the date (which shall be the first day of a month) fixed by the Board of Directors of the Association to be the date of commencement.  The first annual assessments shall be made for the balance of the calendar year and shall become due and payable on the first day of January of said year. The amount of the annual assessment which may be levied for that year of assessment shall be an amount which bears the same relationship to the annual assessment provided for in Section 3 hereof as the remaining number of months in that year bear to twelve.  The same reduction in the amount of the assessment shall apply to the first assessment levied against any property which is hereafter added to the properties now subject to assessment at a time other than in the beginning of any assessment period. The due date of any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment.
SECTION 8.  Duties of the Board of Directors.  The Board of Directors of the Association shall fix the date of the commencement and the amount of the assessment against each Lot or Living Unit for each assessment period of at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner.
Written notice of the assessment shall thereupon be sent to every Owner subject thereto.
The Association shall upon demand at any time furnish to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid.  Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.
SECTION 9.  Effect of Non-payment of Assessment; the Personal Obligation of Owner; Remedies of Association.  If the assessments are not paid on the date when due (being dates specified in Section 7 hereof), then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof  as hereinafter provided.
If the assessment is not paid within thirty (30) days after the delinquency date, the assessment shall bear interest from the date of delinquency at the rate of six percent (6%) per annum, and the Association may proceed in law or equity against the Owner personally obligated to pay same, and there shall be added to the amount of such assessment interest on the assessment as above provided, and reasonable attorney’s fee to be fixed by the Court together with the costs of the action.
SECTION 10.  Exempt Property.  The following property subject to this Declaration shall be exempted from the assessments and charges created herein:  (a) all properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use:  (b) all Common Properties as defined in Article 1, Section 1 hereof; (c) all properties exempted from taxation by the laws of the State of Mississippi upon the terms and to the extent of such legal exemption.  Notwithstanding any provision herein, no land or improvements devoted to dwelling use shall be exempt from said assessments and charges.

ARTICLE VI
AREA ASSOCIATIONS
SECTION 1.  Purpose.  Certain areas of the Properties may encompass common facilities not designed for use generally by the Members (of the Community Association) requiring the creation of a localized association for maintenance and operational purposes.  In such cases the Developer may designate any area shown on any subdivision plat of the Properties as an Area Association.
SECTION 2.  Membership.  Any Member (of the Community Association) who owns a Lot or Living Unit within an Area Association shown on any subdivision plat, shall by virtue of such ownership, also be a member of the Area Association created for such an area and entitled to vote as from time to time provided by the Bylaws of the Area Association.
SECTION 3.  Title to Common Facilities and Members’ Easements.  Each Area Association shall take title to and hold, maintain, improve, and beautify for the common benefit of the members thereof, such common facilities (such as but not limited to parks, green areas, parking areas, swimming pools, and club houses) as from time to tome may be conveyed to it; and each Area Association member shall have a right and easement of enjoyment in and to such common facilities and such easement shall be appurtenant to and shall pass with the title to every Lot or Living Unit in the Area Association.  The extent of such easement shall be the same as is set forth in Article IV above.
The provision of Article IV, Section 2, are hereby made applicable to and incorporated in, the Article VI as if fully set forth herein.
SECTION 4.  Maintenance Assessments.  All of the provisions of Article V above (except Section 3 thereof) shall apply and be applicable to each Area Association (unless the content of Article VI shall prohibit such application) as if such provisions were set forth in full under this Section.
The annual assessment to be charged to Members of an Area Association shall be determined from time to time by the Board of Directors of the Area Association, but in no event may such assessments per Lot or Living Unit exceed the maximum amount of the assessments which may then be levied by the Community Association against Lots and Living Units within the Area Association.
SECTION 5.  Exterior Maintenance.  In addition to maintenance upon the Common Properties, each Area Association may provide exterior maintenance under the same terms and conditions as are set forth in Article IX below, which are specifically incorporated in this Section.
SECTION 6.  Corporation.  The Developer covenants that at such time as it shall record a subdivision plat on which is designated an Area Association, it shall before any portion thereof is sold, cause an Area Association to be incorporated.
SECTION 7.  Superior Jurisdiction of Community Association.  The Community Association.  The Community Association shall have jurisdiction over all the Properties, and every Owner shall be a Member of the Community Association notwithstanding the fact that he may also be a Member of an Area Association.  The provisions of the Article VI shall, at all times, be subject and subordinate to the other Article in this Declaration.
The Community Association may, if approved by its Board of Directors, perform services for any Area Association such as but not limited to the collection of assessments.

ARTICLE VII
PARTY WALLS
SECTION 1.  General Rules of Law to Apply.  Each wall which is built as 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 no inconsistent with the provisions of this Article, the general rules of law regarding Party Walls and of liability for property damage due to negligent 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 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 Contribution 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 of a majority of all the arbitrators shall be final and conclusive of the question involved.

ARTICLE VIII
ARCHITECTURAL CONTROL COMMITTEE
SECTION 1.  Review by Committee.  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 to and approved in writing as to harmony of 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.  Reference in this Declaration to “Architectural Control Committee” shall apply either to the aforesaid committee or the Board of Directors, whichever happens to be acting at the time. In addition, Owners of waterfront lots shall submit for approval plans for prevention of erosion and for prevention of soil from entering the lake. In the event said Board, or its designated committee shall fail to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, or in any event, if no suit to enjoin the addition, alteration, or change has been commenced prior to the completion thereof, approval will not be required and this Article will be deemed to have been fully complied with.

ARTICLE IX
EXTERIOR MAINTENANCE
SECTION 1.  Exterior Maintenance.  In addition to maintenance upon the Common Properties, the Association may provide exterior maintenance upon each Lot and Living Unit which is subject to assessment under Article V hereof, as follows:  paint, repair, replace, and care for roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass, walks, and other exterior improvements.
SECTION 2.  Assessment of Cost.  The cost of such exterior maintenance shall be assessed against the Lot or Living Unit upon which maintenance is done and shall be added to and become part of the annual maintenance assessment or charge to which such Lot or Living Unit is subject under Article V hereof and, as part of such annual assessment or charge, it shall be a charge and obligation of the Owner and shall become due and payable in all respects as provided in Article V hereof.  Provided that the Board of Directors o the Association, when establishing the annual assessment against each Lot or Living Unit for any assessment year as required under Article V hereof, may add thereto the estimated cost of the exterior maintenance for that year but shall, thereafter, make such adjustments with the Owner as is necessary to reflect the actual costs thereof.
SECTION 3.  Access at Reasonable Hours.  For the purpose solely of performing the exterior maintenance authorized by this Article, the Association, through its duly authorized agents or employees shall have the right, after reasonable notice to the Owner, to enter upon any Lot or exterior of any Living Unit at reasonable hours on any day except Sunday.

ARTICLE X
USE RESTRICTIONS
SECTION 1.  General Provisions.  All of the Existing Property and all additional lands which shall be subject to this Declaration under Article II above, shall be subject to the following use restrictions:
  1. Land Use.  No building or structure shall be used for a purpose other than that for which the building or structure was originally designed, without the approval of the Architectural Control Committee.
  2. Obstruction of Traffic.  No fence, wall, tree, hedge, or shrub planting shall be maintained in such manner as to obstruct sight lines for vehicular traffic.  Except as may be required to comply with the prior sentence, no tree of a diameter more than four inches measured two feet above ground level, lying without the approved building, driveway, and parking areas, shall be removed without the approval of the Architectural Control Committee.
  3. Nuisances.  No noxious or offensive activity shall be carried on upon any portion of the Properties, nor shall anything be done thereon that may be become a nuisance or annoyance to the neighborhood.  No exterior lighting shall be directed outside the boundaries of a Lot or other parcel.
  4. Grades.  Within any slope control area established by the Developer, no structure, planting, or other materials shall be placed or permitted to remain, nor shall any activity be undertaken, which may damage or interfere with established slope ratios, create erosion or sliding problems, or change the direction of the flow drainage channels, or obstruct or retard the flow of water through drainage channels.  The slope control areas of each Lot or other parcel and all improvements in them shall be maintained continuously by the Owner, except for those improvements for which a public authority or utility company is responsible.
  5. Fences.  No fence or wall of any kind shall be erected, begun or permitted to remain upon any portion of properties unless approved by the Architectural Control Committee.
  6. No Commercial Activities.  No commercial activity of any kind shall be conducted on any Lot or any Living Unit, but nothing herein shall prohibit the renting and management of multifamily structures not the carrying on of promotional activities by the Developer.
  7. Livestock.  No hogs, cows, horses, rabbits, chickens, goats, poultry, birds, livestock, or animals of any kind other than house pets (except house pets with vicious propensities), shall be brought onto or kept on the Properties; and no more than two dogs, cats, or other such pets may be kept or maintained on any Lot or Living Unit.
  8. Parking of Motor Vehicles, Boats, and Trailers.  No trucks or commercial vehicles, boats, house trailers, boat trailers, and trailers of every other description shall be permitted to be parked or to be stored on any Lot unless they are parked or stored in an enclosed garage or in such other enclosure approved by the Architectural Control Committee, except during periods of approved construction on the Lot, unless approved by the Association.  This prohibition of parking shall not apply to temporary parking of trucks and commercial vehicles, such as for pick-up, delivery, and other commercial services.
  9. Overhead Wiring.  No power or telephone distribution or service connection lines may be erected or maintained above the surface of the ground on Lot without the consent in writing by the Architectural Control Committee established hereby.
  10. Laundry Poles.  No permanent poles for attaching wires or lines for the purpose of hanging laundry thereupon shall be erected, installed or constructed on Lot.
  11. Antennas.  No outside radio or television antenna shall be erected, installed, or constructed on any Lot, without the written consent of the said Architectural Control Committee.
  12. Fuel Tanks.  No fuel tank or container of any nature shall be placed, erected, installed, or constructed on any Lot, unless approved by the Architectural Control Committee.
  13. Temporary Structures.  No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other out buildings shall be used on any Lot at any time as a residence, either temporarily or permanently.
  14. Signs.  No signs, advertisements, billboards, or advertising structures of any kind may be erected or maintained on any Lot except by the Developer or except when approved by the Developer.  This covenant shall be in effect until December 31, 1984.
  15. Drilling and Quarrying.  No oil drilling, oil development operation, oil refining, quarrying, or mining operation of any kind shall be permitted upon or in any Lot, 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 oil or natural gas shall be erected, maintained, or permitted upon any Lot, except by the Developer. This covenant shall be in effect until December 31, 1984.
  16. Dumping of Rubbish.  No Lot shall be used or maintained as a dumping ground for rubbish.  Trash, garbage, or other waste shall not be kept except in sanitary containers, or incinerators, or other equipment for the storage or disposal of such material, which equipment shall be kept in a clean and sanitary condition.
  17. Sewage Disposal.  No individual sewage treatment system shall be permitted on any Lot.  All sanitary sewer lines shall connect with the central sewage disposal system provided.  Water from downspouts or any surface water shall not be permitted to drain into the sanitary sewer system.
  18. Water Supply.  No individual water supply system shall be permitted on any Lot, except for use in air conditioners and sprinkler systems.
  19. Utility Easements.  Easements for installation and maintenance of utilities and drainage facilities are reserved to the Developer as shown on recorded Plats.  Such easements shall include the right of ingress and egress for construction and maintenance purposes. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage any structure installed in accordance with said easement, or interfere with the installation and maintenance of utilities, or which may change the direction of the flow of drainage channels in the easements, or which may obstruct or retard the flow of water through the drainage channels in the easements.  The easement area of each Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible.
  20. Care and Appearance of Premises.  The structures and grounds of each Lot shall be maintained in a neat and attractive manner.  The Association shall have the right (upon twenty (20) days notice to the Owner of the property involved, setting forth the action intended to be taken, and if at the end of such time such action has not been taken by the Owner), at the expense of the Owner, to remove trash or rubbish, and to cut grass, weeds, and vegetation, and to trim or prune any hedge or other planting that in the opinion of the Architectural Control Committee, by reason of its location or the height to which or the manner in which it is permitted to grow, is detrimental to adjoining property or is unattractive in appearance.  The Association shall further have the right, upon like notice and conditions, to care for vacant and unimproved property, and to remove grass, weeds, and rubbish therefrom and to do any and all things necessary or desirable in the opinion of the Architectural Control Committee to keep such property in neat and good order, all at the cost and expense of the Owner. Such costs and expenses incurred by the Association may proceed in law or equity against the Owner to recover such costs and expenses incurred by the Association, plus reasonable attorney’s fees necessary to the collection thereof.
  21. Exterior Colors.  The exterior finishing colors on all structures as originally approved by the Architectural Control Committee shall be maintained and shall not be changed without the approval of the Architectural Control Committee.
  22. All residents must at all times comply with all of the laws and regulations of DeSoto County, Mississippi, pertaining to building, zoning, and subdivisions.
  23. There shall be no hunting on any of the Properties, nor shall there be any discharging of firearms thereon.
  24. The Association may regulate the speed limits within the boundaries of the Property insofar as such regulation is not inconsistent with the laws of DeSoto County and the State of Mississippi.
SECTION 2.  Provisions Applicable to Lots Designated for Single-Family Dwellings.  Any Lot subject to this Declaration designated on a recorded plat for single-family dwelling purposes shall be subject, in addition to the General Provisions, to the following use restrictions.
  1. Land Use.  None of said Lots may be improved, used, or occupied for other than private residence purposes (except for model homes used by the Developer) and no flat or apartment house, although intended for residential purposes, may be erected thereon.  Any residence erected or maintained on any of said Lots shall be designed for occupancy by a single family.
  2. Height Limitation.  Any residence erected on any of said Lots shall not be more than two (2) levels in height, above ground, provided that a residence more than two (2) stories in height may be erected on any of said Lots with the written consent of the Architectural Control Committee.
  3. Minimum Size Requirements.  No structure shall be erected, altered, placed, or permitted to remain on any of the numbered Lots other than new construction.  No more than one residence shall be erected and maintained at any time upon any one of the numbered Lots. However, nothing in any of these restrictions shall be construed as prohibiting the Owner of two or more contiguous Lots from erecting one residence thereon and locating the same as if said contiguous Lots were but one single Lot, and upon completing such construction said Lot shall thereafter be considered one Lot.  Any residence erected on a Lot having lake frontage shall have a minimum ground floor area of 1,600 square feet in the case of one-story dwellings, exclusive of open porches, carports, or garages and in the case of two-story dwellings, the minimum ground floor area shall not be less than 1,200 square feet.
Any residence erected on a lot facing the lake shall have a minimum ground floor area of 1,400 square feet in the case of one-story dwellings, exclusive of open porches, carports, or garages, and in the case of two-story dwellings, the minimum ground floor area shall not be less than 1,100 square feet.
Any residence erected on a lot not facing the lake shall have a minimum ground floor area of 1,300 square feet in the case of one-story dwellings, exclusive of open porches, carports, or garages, and in the case of two-story dwellings, the minimum ground floor area shall not be less than 1,000 square feet.
  1. Building Lines.  No residence shall be located on any of the above mentioned numbered Lots, closer than thirty-five (35) feet to the front line of said Lot and every residence shall face the street on which the Lot fronts, except any residence erected on a corner lot may face either the street or both streets, but shall not be located closer than thirty-five (35) feet to said streets.  No building shall be erected or located closer than eight (8) feet to an interior lot line or nearer than sixteen (16) feet to a building on the adjacent Lot. The total of side line setbacks per Lot, shall conform to a minimum of twenty (20) feet. No garage or other out building located or erected on a corner Lot shall be constructed any closer to the side street line than the principal residence on said Lot is located or erected.  No residence on a Lot abutting the lake or lakes shall be located closer than thirty (30) feet to the rear line of said Lot. In no event shall any construction on any type of utility easement containing therein sewage lines and any such construction on any type of utility easement shall be done at the Owner’s risk. However, a residence or part of any residence may be located on any Lot nearer than the said building line shown upon the plat with the written consent of the Architectural Control Committee.
Provided, however the following enumerated parts of any residence may project over the above described front, side, and rear lines for the distance shown to wit:
  1. Window Projections.  Bay, bow or oriel, dormer, and other projecting windows not exceeding one story in height, may project a distance not to exceed one (1) foot.
  2. Miscellaneous Projections.  Cornices, spoutings, chimneys, brackets, pilasters, grillwork, trellises, and other similar projections for purely ornamental purposes, may project a distance not to exceed one (1) foot.
  3. Porch Projections.  Unenclosed, covered porches, balconies, and porte cocheres may not project beyond the front building line.
  4. Incomplete Structures.  No residences shall be permitted to stand with its exterior in an unfinished condition for longer than six (6) months after commencement of construction.  In the event of fire, windstorm, or other damage, no building shall be permitted to remain in a damaged condition longer than three (3) months.
  5. Garages and Carports.  All garages and carports must be attached to the main dwelling house unless otherwise approved by the Architectural Control Committee.  All garages facing any street must be equipped with doors which shall be kept closed as much as practicable to preserve the appearance of the elevation of the house fronting the street.
  6. Frontage.  All dwelling houses shall front or present a good frontage on the street on which it is located as shown on the recorded plat unless otherwise approved by the Architectural Control Committee.  Dwelling houses located on corner Lots shall front or present a good frontage on both streets unless otherwise approved by the Architectural Control Committee.
SECTION 3.  Provisions Applicable to Lakes and to Waterfront Lots.  Any Lot or parcel of land which is adjacent to a lake, as shown on any recorded plat shall be subject to the following use restrictions.  Waterfront Lots designated for single-family dwelling purposes shall also be subject to the provisions of Section 2 above.
  1. Boathouses, Docks, and Wharves.  No boathouse, dock, wharf, or other structure of any kind shall be erected, placed, or altered, on the shores of a lake, unless the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of exterior design with existing structures, location with respect to topography and finish grade elevation, and as to desirability per se.  It is the intention of this instrument to authorize the committee in its sole discretion to approve or disapprove any such boathouse, dock, wharf, or other structure on the lakefront. The Architectural Control Committee shall have the power to promulgate such rules and regulations as it deems necessary to carry out the provisions and intent of the paragraph.
  2. Shoreline Contours.  Shoreline contours of lakes may not be changed without the written approval of the Architectural Control Committee.  No Lot shall be increased in size by filling in waters upon which it abuts.
  3. Rules and Regulations.  Rules and regulations for the use and enjoyment of lakes may be promulgated by the Association, including, by way of example but not limitation, the size of motors which may be used thereon.
  4. Refuse.  No refuse of any kind shall be disposed of or placed in the lake.
  5. Vehicle Parking.  No vehicle shall be stored within twenty (20) feet of the shoreline without the approval of the Architectural Control Committee.
ARTICLE XI
EASEMENTS
SECTION 1.  Easement for Installation of Post Lamps.  There shall be and is hereby reserved to the Developer a perpetual and nonexclusive easement to install a post lamp on any Lot at any time, such easement to include, but not to be limited to, the right to install, relocate, and maintain all necessary underground wire and/or leads into any Living Unit situated upon the Property.
SECTION 2.  Easement for Landscaping and Related Purposes.  There shall be and is hereby reserved to the Developer a perpetual and nonexclusive easement over all Lots, or any Common Area or Community Facility, for a distance of ten (10) feet behind any Lot line which parallels a street (whether public or private) for the purposes of erecting and maintaining street intersection signs, directional signs, temporary promotional signs, entrance features, lights, stone, wood, or masonry wall features and/or related landscaping.
SECTION 3.  Context.  As used in this Article, the term “Lot” shall be deemed to include all parcels or property which are part of the Property.
​

ARTICLE XII
GENERAL PROVISIONS
SECTION 1.  Duration.  The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then-Owners of two-thirds (2/3) of the Lots or Living Units has been recorded, agreeing to change said covenants and restrictions in whole or in part.  For purposes of meeting the two-thirds (2/3) requirements, when Living Units are counted, the Lot or Lots upon which such Living Units are situated shall not be counted. Provided, however that no such agreement to change shall be effective unless made and recorded three (3) years in advance of the effective date of change, and unless written notice of the proposed agreement is sent to every Owner at least (90) days in advance of any action taken.
SECTION 2.  Notices.  Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid to the last known address of the person who appears a Member or Owner on the records of the Association at the time of such mailing.
SECTION 3.  Enforcement.  Enforcement of these covenants and restrictions shall be by any proceeding at law or equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and failure by the Association or 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.
SECTION 4.  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.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal on the day and year first above written.
BRIDGETOWN, INC.
By
Bert Manchik, President

ATTEST: Secretary
STATE OF MISSISSIPPI
COUNTY OF DESOTO


    On this 11th day of November, 1975,before me appeared BERT MANCHIK to me personally known, being by me duly sworn, did say that he is the President of Bridgetown, Inc., a corporation of the State of Mississippi, and that the seal affixed to the foregoing is the corporate seal of the said company, and that said instrument was signed and sealed on behalf of said corporation, by authority of its Board of Directors:  and said BERT MANCHIK acknowledged said instrument to be free act and deed of said corporation.
    IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written.
My commission expires:
March 3, 1976

* By-Laws of Bridgetown Community Association, Inc.*
(Revised 10/84)
ARTICLE I
NAME
    The name of the Association is:  Bridgetown Community Association, Inc., a Non-Profit corporation, incorporated under the Laws of the State of Mississippi, in connection with the Bridgetown Subdivision, also known as Lakewood Estates Subdivision.
ARTICLE II
PURPOSES
SECTION 1.  General.  The purpose of this Association shall be to encourage and promote the general civic improvement and development of Bridgetown Subdivision in DeSoto County, Mississippi.  The powers of this Association as those set out in the Charter shall control in event of any conflict between said provisions and any part of the Declaration of Protective Covenants and these By-Laws.  The declaration of the Protective Covenants shall control in the event of any conflict between said Declaration and these By-Laws.
SECTION 2.  Management of Property.  The association will assume those responsibilities and all powers, duties, and authority vested in the association by its Charter, Declaration of Protective Covenants and Restrictions, and these By-Laws.
ARTICLE III
DEFINITIONS
SECTION 1.  Association.  Shall mean and refer to the Bridgetown Community Association, Inc.
SECTION 2.  Properties.  Shall mean and refer to all such existing properties subject to the Declaration (as hereinafter defined) or any amendments or supplements to said Declaration as provided for in the provisions of said Declaration.
SECTION 3.  Common Properties.  Shall mean and refer to those areas of land and lakes shown on the Subdivision Plats for Bridgetown Subdivision on file in the records of the Chancery Clerk of DeSoto County, Mississippi, and intended for and dedicated to the common use of and for the enjoyment of the owners of the properties, including but not limited to the dams, dam sites, parks, and playgrounds.
SECTION 4.  Lot.  Shall mean and refer to any plot of land shown on the plats of this subdivision, excepting the common properties mentioned above.
SECTION 5.  Living Unit.  Shall mean and refer to any potion of a building situated upon the properties designed and intended for the use and occupancy as a residence by a single family.
SECTION 6.  Owner.  Shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot or living unit situated on the properties; notwithstanding the applicable theory of any mortgage, shall not mean or refer to a mortgage unless and until such mortgagee has acquired an undivided fee simple interest in and to any lot or living unit upon the properties, but such person or entity who holds any interest merely for the performance of any obligation shall not be considered a member.
SECTION 7.  Declaration.  Declaration as used herein shall mean and refer to the Declaration of Protective Covenants and Restrictions on file in the Office of the Clerk of the Chancery Court for DeSoto County, Mississippi, and pertaining to the properties herein.
SECTION 8.  Paid-Up Member.  Paid-up member as used herein shall mean and refer to all those property owners in Bridgetown Subdivision whose assessments are current, giving them full voting privileges and the right to use the lakes and common properties.
SECTION 9.  Board.  As used herein, Board shall mean and refer to the Board of Directors for the Bridgetown Community Association, Inc.
SECTION 10.  Assessments.  For the purpose of these By-Laws and as used herein, shall mean those funds collected on each lot in the subdivision to be used for operating expenses of the Association and for promoting the recreation, health, safety, and welfare of the members of the Association.  “Dues” and “Assessments” as used herein, shall be one and the same.
ARTICLE IV
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
SECTION 1.  Membership.  Every person or entity who is a record owner of a fee simple interest or undivided fee simple interest in and to any lot or living unit which is subject to assessment under the provisions of the Declaration and these BY-LAWS, shall be a member of the Association, a non-profit corporation created for the purpose of maintaining the lakes, dams, dam sites, parks, playgrounds, and other common properties and promoting the recreation, health, safety, and welfare of the Association.  Any such membership is subject to the Charter, Declaration and the By-Laws, rules, and regulations of the Association.
SECTION 2.  Voting Rights.  All paid-up members shall be entitled to cast one vote in the election of Directors of the Association and routine business matters before the membership.  In voting on increasing annual assessments.
SECTION 3.  Enjoyment Rights.  Enjoyment rights to the lakes and common properties are subject to the payment of annual and special assessments.  All paid-up members shall have the right and easement in and to the lakes and common properties and such easement shall be appurtenant to and shall pass with the title to each lot or living unit.  Rights to such easement and enjoyment shall be suspended while any member is in default of payment of annual assessments or any special assessments levied by the Association, until such time as the assessments have been paid.
SECTION 4.  Termination of Membership.  Membership in the Association shall be terminated by (a) Death of members; (b) Sale or transfer of member’s interest in and to a lot or living unit.
ARTICLE V
MEETINGS
SECTION 1.  Annual Meetings.  The Annual Meeting of the membership shall be held in October of each year, beginning with the 1980 meeting and each year thereafter, with date and time to be selected by the Board of Directors, with proper notice to the membership as provided for in these By-Laws, but in no event shall notice of said meeting be less than seven (7) days.  Placing the notice in the mail shall constitute proper notice under these By-Laws.
SECTION 2.  Special Meetings.  Special Meetings of the Association membership may be called by the Board or upon petition of at least ten percent (10%) of the paid-up members.  Notice of such meetings shall be provided. The petition calling for a Special Meeting shall state the reasons for the request. Upon receipt of the request, the Board shall call such meeting at the earliest convenient time.  The notice of such meeting shall state the purposes of the special meeting, and only those matters so designated shall be considered at said special meeting.
SECTION 3.  Quorum.  At all meetings of the members, a quorum shall constitute at least twenty-five percent (25%) of those paid-up members present, including proxies, and a majority of such members present shall decide any questions at all meetings, except as follows:
  1. Approval of Special Assessments and Change in Annual Assessments.  Special Assessments shall have the assent of two-thirds (2/3) of the total votes of paid-up members who are voting in person or by proxy at a meeting duly called for the purposes of voting on said assessment.  Written notice of said meeting shall be given at least thirty (30) days prior to the meeting, and the notice shall set forth the purpose of the meeting. Placing the notice in the mail constitutes proper notice under these By-Laws.
  2. Change in Annual Assessments.  Any change increasing the Annual Assessment shall have the assent of a majority of the paid-up members who are voting in person or by proxy at a meeting duly called for the purpose of changing said assessment, with proper notice as herein provided and in (a) above.
  3. Purchases, Sales, and Mortgages.  The Board of Directors shall have upon the approval of two-thirds (2/3) of the paid up members voting in person or by proxy at a meeting, duly called for the purpose of voting on said purchases, sales, or mortgages, the authority to mortgage, encumber, or pledge as security any assets of the Association when deemed necessary to meet extraordinary or unforeseen expenses.  The Board shall have upon the approval, authority to sell, trade, or exchange any portion of the common properties designated on the Subdivision Plats as parks, if it is determined that said ‘park land” is of no use to the Association and is surplus and further provided, the said park land shall be only sold to an adjacent lot owner. The property is to be surveyed, appraised, and otherwise properly identified before any approval and sale.
  4. Quorum.  A quorum for approval of special assessments and change in annual assessments shall be as provided in Article V, Section 6 of the Declaration.  That is, at the first meeting called, sixty percent (60%) of the total paid-up members shall constitute a quorum. If a quorum is not present at the first meeting, then another meeting shall be called; the required quorum at any subsequent meeting shall be one half (1/2) of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting, otherwise notice of the requirements are the same as (a) and (b) above.
  5. Amending the By-Laws.  Any proposed amendments to these By-Laws shall require approval of two-thirds (2/3) of the eligible votes of the membership.
SECTION 4.  Proxies.  Written proxies shall be counted on quorum and on all matters considered at meeting of the members and shall be valid only when voted on by those members eligible to cast a vote.
SECTION 5.  Order of Business.  The order of business at any meeting of the members shall be within the discretion of the President, provided such meeting shall begin with a call to order and a proof of quorum prior to discussion of any business.
ARTICLE VI
BOARD OF DIRECTORS:  SELECTION: TERM OF OFFICE
SECTION 1.  Regular Meetings.  The affairs of this Association shall be managed by a Board of Directors comprised of thirteen (13) members who must be paid-up members and in accord with Article IV, Section 1 of these By-Laws.
SECTION 2.  Selection.  Beginning with the 1980 Annual Meeting, members eligible to cast a vote shall elect thirteen (13) members to the Board of Directors of this Association.  Those Directors so elected will serve a term of two (2) years and will assume their offices on January 1st, following the election and shall be limited to three (3) consecutive terms.  Ties will be decided by a flip of a coin.
SECTION 3.  Discharge.  A Director may be discharged at any time during his or her term at a special meeting called for this purpose, and any such removal shall be by a majority of those votes eligible to be cast, with a quorum present as provided for under Article V, Section 3 of these By-Laws.
SECTION 4.  Compensation.  No Director shall receive compensation for any service rendered to the Association.  A Director may be reimbursed for any reasonable and necessary expense incurred in performing duties related to activities of the Association.
SECTION 5.  Absenteeism.  Board members who miss three (3) consecutive Board meetings without good cause or notification, shall be asked if the wish to remain as members of the Board, and if not, their office shall be considered vacated and said vacancy filled in the accordance with these By-Laws.
ARTICLE VII
MEETING OF DIRECTORS
SECTION 1.  Regular Meetings.  Regular business meetings of the Board shall be held on the first Monday of each month.  Should the first Monday fall on a holiday, the monthly meeting will be held on the second Monday of that month.  Regular business meetings of the Board shall be open to all members; however, any member having some specific business for the Board’s consideration, should notify the President or other officer or Director to insure its inclusion in matters to be discussed.
SECTION 2.  Special Meetings.  Special meetings of the Board shall be called by the President on the request of any member of the Board, or the President’s own request is the President deems it urgent enough to so warrant.  Except in emergency situations, at least one (1) day’s notice shall be given the Directors before call of a special meeting. Any business proper for consideration of the Board, may be discussed at a special meeting as well as a regular meeting.
SECTION 3.  Record of Meetings.  The Secretary of the Association shall keep the Minutes of all meetings of the Board, and there shall be no “executive sessions” or what is termed a “secret meeting.”
SECTION 4.  Quorum.  A majority of the members of the Board shall constitute a quorum, and not less than four (4) Directors must concur on all final votes taken on matters considered.
ARTICLE VIII
NOMINATION AND ELECTION OF DIRECTORS
SECTION 1.  Nominations.  A committee consisting of at least one current Board member, one past Board member, and one paid-up member of the Association, shall be selected by the President at the July Board meeting, beginning with the July 1980 meeting and each election year thereafter, to assemble a slate of prospective Directors to fill the vacancies for the upcoming term.  The primary objective being to find those qualified members who are willing to serve if nominated and elected. The list of prospective Directors so willing must be in the hands of the Secretary of the Association at least thirty (30) days prior to the annual meeting at which the election is to be held, and said list shall be mailed to all members along with the notice of the annual meeting, twenty-one (21) days prior to the annual meeting.  As heretofore stated, this procedure will begin with the 1980 election year, and will continue each election year thereafter. Nominations for Director vacancies will also be taken from the floor at the annual meeting.
SECTION 2.  Election.  Elections to the Board of Directors shall be by written ballot.  Beginning with the annual meeting in October 1980, and each election year thereafter, or at any Special Election, each member shall register with the Secretary, who shall then verify if the member is eligible to vote and the number of votes to which the member is entitled as provided for in the Charter, Declaration and these By-Laws.  If the Secretary verifies the members to be eligible to vote, the Secretary will then deliver to the member ballots for as many votes to which the member is entitled. The number of votes as heretofore stated, is governed by the Charter, Declaration, and these By-Laws. The member’s lot number or numbers will be recorded with their name.  The Secretary will record the total number of ballots, to be checked against the final vote tally. At each election, members eligible to do so, may cast as many votes for each vacancy as they are entitled to exercise under the provisions of these By-Laws. The persons receiving the largest number of votes shall be elected, and in the event of a tie, this shall also be broken by the flip of a coin.
SECTION 3.  Vacancies.  When a Director ceases to be a member of the Association for any reason, or he resigns, is discharged, or suspended, his office shall be declared vacant.  Vacancies in the Board created by other than a vote of the members of the Association shall be filled by an appointment of the Board. The appointee shall be a paid-up member of the Association and shall fill the vacancy until the next annual meeting of the Association.
ARTICLE IX
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
SECTION 1.  Powers.  The Board of Directors shall have the powers of general supervision and control of the affairs of the Association and shall make all standing rules and regulations consistent with the Charter of Incorporation, Declaration and these By-Laws.  They shall have the management to:
  1. Adopt and publish rules and regulations to govern the personal conduct of the members and their guests with regard to the use of the lakes and other common properties and to enforce said rules and regulations.
  2. Exercise for the Association all powers, duties, and authority vested in or delegated to the Association in the Declaration and not limited to the membership by other provisions of the Charter of Incorporation, Declaration, and these By-Laws, including the use of all legal remedies in law or equity for the collection of any delinquent assessments and enforcement of all applicable provisions of the Declaration, By-Laws, and Standing Rules.
SECTION 2.  Duties.  It shall be the duty of the Board of Directors to:
  1. Cause to be kept a complete record of all of its acts and corporate affairs to present the financial statement for the past year and the budget for the coming year at each annual meeting.  This provision will be applicable to the October 1980 meeting and at each annual meeting thereafter.
  2. Collect the annual assessments and special assessments as levied and as more fully provided for under Article V, Section 8 of the Declaration an Article IX, Section 1(b) of these By-Laws.
  3. Supervise all officers, agents, and employees of the Association and to see that their duties are properly carried out and fix their compensation accordingly.
  4. Enter into any contract for services consistent with their power and authority as dictated by the Charter, Declaration, and these By-Laws, provided any such contract has the prior approval of a majority of the Board.  Emergency expenditures may be made by those Officers authorized to do so, but a full report shall be made to the Board and reflected in the financial records of the Association.
  5. As provided for in these By-Laws and under the provisions of Article V, Section 8 of the Declaration, upon the demand of any member, issue or cause to be issued a receipt or statement indicating whether or not a member’s assessments have been paid.
  6. Obtain and maintain adequate liability and hazard insurance on all common properties and improvements thereon as deemed necessary by the Board.
  7. See that all officers or employees of the Association having any fiduciary responsibilities regarding funds of the Association are bonded, expenses of the bonds to be borne by the Association.
  8. See that the common properties are maintained as provided in the Declaration and these By-Laws.
  9. Charge a reasonable fee for published material requested by a member or other party.
SECTION 3.  Depositories.  The Board shall select one or more banks to serve as depositories of the funds of the Association and shall determine the manner of receiving, depositing, and disbursing such funds and the form of checks to be used.  The Board shall have the power to change banks at its discretion and shall determine who shall have the authority to sign checks issued against the funds of the Association, provided that any such checks are signed and countersigned by two officers of the Association properly bonded as herein provided.
SECTION 4.  Investments.  The Board shall deposit any funds of the Association they deem not necessary to meet current expenses into insured savings accounts or they may purchase Certificates of Deposit, whichever has the highest return of interest.  Any funds, so invested, shall be referred to as the “sinking fund.” Any other type of investment shall require approval by two-thirds (2/3) of eligible votes at any meeting of the membership.
ARTICLE X
SECTION 1.  Committees.  The Board of Directors shall appoint committees as deemed appropriate in carrying out its purpose, provided however, that the following committees shall be permanent, in order to properly carry out the functions of the Association:
  1. Architectural Control Committee.  As provided for under Article VIII, Section 1 of the Declaration, there shall be an Architectural Control Committee composed of three (3) or more representatives appointed by the Board.  An owner, prior to commencing any building, fence, wall, or other structure, or maintaining same upon the properties, or commencing any exterior addition to or change or alteration therein, shall submit to the Committee plans and specifications showing the nature, kind, shape, height, materials, and location of said construction.  Application for approval shall be in writing as hereinafter provided. The purpose of this committee is to insure the harmony of external design and location in relation to surrounding structures and topography. Owners of waterfront lots shall submit plans and specifications for docks or any shoreline alterations for prevention of soil erosion into lakes.  If the Committee shall fail to approve or disapprove such design and location of all the foregoing, within thirty (30) days after submission of said plans and specifications, and no suit to enjoin the addition, alteration, or change has been commenced prior to the completion there of, approval will not be required, and this Article will be deemed to have been complied with.
  2. Recreation Committee.  This committee shall advise the Board on all matters pertaining to the recreation program and activities of the Association and shall perform such other functions as the Board, in its discretion determines.
  3. Finance Committee.  This committee shall supervise the annual audit of the Associations books and approve the annual budget and statement of income and expenditures to be presented to the membership at its Annual meeting as provided in these By-Laws.  The Treasurer of the Association shall be ex-officio member for the committee.
  4. Publicity Committee.  This committee shall inform the members of as many activities and functions of the Association as is practicable, by working and cooperating with the Board so as many announcements in the best interest s of the Association as possible can be made.
  5. Security Committee.  This committee shall advise the Board on all matters pertaining to the security measures in effect or planned and make recommendations to the Board as to needed measures, all for the protection of the Association rights and properties.  In carrying out its function, the committee shall consult from time to time with the Bridgetown Security Patrol. The committee shall also perform such functions as the Board, in its discretion, determines.
  6. Committee Chairman.  The head of any operating committee should be a member of the Board; should be a person interested and having knowledge in the workings of the committee; may appoint to his or her committee, with approval and consent of majority of the Board, those eligible members he or she may deem essential; may be replaced by the Board for failure to carry their assigned duty.
SECTION 2.  Complaints.  It shall be the duty of each committee to receive written complaints from members on any matter involving Association functions, duties, and activities within its field of responsibility.  Subject to approval and consent of the Board, the committees shall dispose of such complaints and in such manner as the Board deems appropriate or refer them to such other committees or directors, or officer of the Association further concerned with the matter in interest.  As far as possible, written answers to complaints, signed by the President will be mailed to the complainants.
ARTICLE XI
OFFICERS AND THEIR DUTIES
SECTION 1.  Enumeration of Officers.  The officers of this Association shall be a President, Vice President, Secretary, and a Treasurer. The President and Vice President shall be members of the Board, but the Secretary and Treasurer do not have to be members of the Board, provided any appointments to these positions shall have the approval and consent of a majority of the Board.
SECTION 2.  Election of Officers.  The election of the President and Vice President shall take place at the first meeting of the Board following the Annual meeting of the Members.  The Secretary and Treasurer may be elected from the Board Members or appointed, which shall be within the discretion of the Board, acting on majority approval of the Board.  In any event, the election or appointment of the Secretary and Treasurer shall take place as expeditiously as possible. The provisions of this section will become effective following the October 1980 annual meeting.
SECTION 3.  Term.  The officers of this Association shall be elected annually or appointed as in the case of the Secretary and Treasurer by the Board and shall hold the office for one year unless they shall sooner resign, be removed, or otherwise be disqualified to serve.  Officers shall not be disqualified to succeed themselves if duly elected or appointed as provided herein. Officers will continue to serve until their successors have been duly elected.
SECTION 4.  Resignation and Removal.  Any officer may be removed from office by a majority vote of the Board.  An officer may resign at any time by giving written notice to the Board, President, or Secretary.  Such resignation shall take effect on the date or receipt of such notice, or at the time specified in said notice, and unless specified therein, acceptance of the resignation shall not be necessary to make it effective.
SECTION 5.  Vacancies.  A vacancy in any office shall be filled by a majority vote of the Board and the duly elected officer shall fill the vacancy until the next regular election of officers, or the next annual meeting of the members, whichever shall occur first.
SECTION 6.  Duties.  The duties of the officers are as follows:
PRESIDENT:  The President shall preside at all meetings of the members and Directors of the Board, and may on demand or as herein provided, call special meetings of the members and the Board.  The President shall see that orders and resolutions of the Board are carried out, and shall carry out any and all duties as required of the office by the Board, the Charter, Declaration, and these By-Laws.  In voting on matters coming before the Board, the President shall vote only in event of a tie vote.
VICE PRESIDENT:  The Vice President shall act in the place and stead of the President in event of absence or disability of the President, and shall exercise and discharge such other duties as may be required by the President.
SECRETARY:  The Secretary shall keep the minutes of all meetings and proceedings of the Board and the Association; shall serve notice of meetings of the Board and of the Members; shall keep appropriate current records showing the members of the Association and their addresses; shall be responsible for all Association correspondence and committee reports along with proper filing of such; shall perform such other duties as required by the Board.
TREASURER:  The Treasurer shall receive and deposit in appropriate bank accounts, all assessments of the Association and shall use all funds collected as assessments for operating expenses of the Association, and for promoting the recreation, health, safety, and welfare of the residents and owners in the properties and for the improvement and the maintenance of all properties, as more fully provided for in Article V, Section 2 of the Declaration; shell disburse such funds as directed by the Board or membership; shall keep proper books of account; shall cause an annual audit of the Association books to be made by a public accountant, or auditing committee at the end of each fiscal year; shall prepare, or have prepared a statement of income and expenditures to be presented to the membership at its regular annual meeting, and shall deliver a copy of this financial report to the members.  The Treasurer shall assist the Finance Committee in preparation of the annual budget as requested. The Treasurer shall, upon demand, furnish to any owner liable for assessments, a receipt in writing, signed by an officer of the Association, setting forth whether said assessments have been paid. Such receipt shall be conclusive evidence of payment of assessments stated to have been paid.
  1. PERSONAL PROPERTY RECORD.  The Treasurer shall keep a record of all Association equipment, such as office equipment, grounds equipment, furnishings, or any other property duly acquired by the Board in carrying out its duties under the provisions of the Charter, Declaration, and these By-Laws.  A record shall be maintained only on that equipment or property with an expected usable life of one year or more, and with a value of twenty-five dollars ($25.00) or more. The record shall also include any property or equipment and properties, along with the value and cost of said equipment, its expected life, and location.
  2. PERSONAL PROPERTY INVENTORY.  A personal property inventory will be made at the end of each fiscal year by the Finance Committee, listing the condition of all items, and any disposition of any item, along with any acquisitions.
SECTION 7.  Effective Date.  The Provisions of the Article shall not take effect until after the October 1980 annual meeting and election, but shall apply to those Directors elected at said meeting, and all those Directors and Officers elected thereafter.
ARTICLE XII
FINANCES
SECTION 1.  Assessments.  The Association, as provided in the Declaration shall collect as assessment on each lot and living unit as herein described.  The assessments are to be used for operating expenses of the Association, and to promote the recreation, health, safety, and welfare of the residents and owners in Bridgetown Subdivision, and also to defray costs incurred in maintaining the lakes, dams, dam sites, parks, playgrounds, and all common areas and properties for the general benefit of the Subdivision and owners.  Assessments will be collected in lieu of any “dues” as such, and for the purposes of these By-Laws, the provisions of the Declaration and Charter, “dues” and “assessments” shall be one and the same. Assessments shall be levied in such amounts as the members from time to time shall determine, as provided for in the Declaration and these By-Laws. As provided for Article V, Section 9 of the Declaration, such assessments shall constitute a lien upon property so assessed, and the Association may proceed in law or equity against the Owner obligated to pay same, as more fully provided for in the Declaration.  Special assessments will be levied as provided in the Declaration and these By-Laws.
SECTION 2.  Basis Maximum of Assessments.  Annual assessments shall be as follows commencing January 1, 1980, and continuing for each fiscal year thereafter until said amounts are changed by vote of the members as provided for in the Declaration under Article V, Section 5, and in these By-Laws:
                $50.00 for each S-1 Lot
                $25.00 for each S-2 Lot
                $15.00 for each S-3 Lot
As more fully described under Article V, Section 3 of the Declaration, an S-1 Lot is a lot that contains a home or for which a building permit has been issued.  An S-2 Lot is an undeveloped lot for which no building permit has been issued. An S-3 Lot must have the same owner as an S-1 or S-2 Lot. The Board may, after consideration of current operating maintenance and other costs and future costs of the Association, fix the actual assessment for any year at a lesser amount, provided the assessment for each of the above categories is reduced proportionately.  Any increases in the above amounts will require the approval of the membership as provided herein and in the Declaration.
SECTION 3.  Notice and Collection.  The Board, as provided for more fully in Article V, Section 8, of the Declaration, shall fix the amount of the  Annual assessment against each lot or living unit prior to and for each assessment period, this being January 1st of each year as provided for in the Declaration and these By-Laws and prepare at that time a current roster of the properties and owners thereof and assessments applicable thereto which shall be kept in the records of the Association and shall be open to inspection of any member.  Written notice shall then be sent to each owner subject thereto, prior to the due date being January 1st of each year.  Assessments not paid on the due date shall become delinquent.  Provisions of this Section will become effective with fiscal year 1980.
SECTION 4.  Interest.  As provided in Article V, Section 9, of the Declaration, any assessment not paid within thirty (30) days after the delinquency date shall accrue late charges of one dollar ($1.00) per month from said date until paid.
ARTICLE XIII
BOOKS AND RECORDS
The books, records, and papers of the Association shall be subject to inspection by any member by an appointment with the Secretary or Treasurer.  Copies of the Declaration of Protective Covenants and Restrictions, these By-Laws and Standing Rules shall be made available after proper arrangements for printing.  After printing, said copies will be provided upon request, at a reasonable fee.
ARTICLE XIV
FISCAL YEAR
The Fiscal Year of the Association shall begin on the first day of November of each year and end on October 31st of each year.
ARTICLE XV
AMENDMENTS
These By-Laws may be amended by a two-thirds (2/3) vote, a quorum as herein defined being present, at any annual meeting, or a special meeting called for this purpose.  Proposed amendments to the By-Laws require at least thirty (30) days notice to the members.
ARTICLE XVI
CONSTRUCTION
SECTION 1.  Effective Date.  Unless otherwise specified herein, the effective date of the provisions of these By-Laws will be January 1, 1980, and said provisions shall remain in full force and effect until amended as provided under Article XV.
SECTION 2.  Rules of Order.  “Robert’s Rules of Order, Revised” shall govern all the deliberations of this Association and its Board, unless provided for otherwise in the Charter, Declaration, or By-Laws.
ARTICLE XVII
LOT IMPROVEMENTS
SECTION 1.  Approval.  As fully provided for under Article X, Section 1 (a) of these By-Laws and Article VIII, Section 1 of the Declaration, no construction whatsoever, or any improvements shall take place on any lot in Bridgetown Subdivision without written approval of the Architectural Control Committee.  Alterations or additions to existing dwellings or buildings of any kind or nature, including concrete work such as driveways, walks, patios, etc., shall require the same approval as above.
SECTION 2.  Mode of Approval.  Any owner to whom Section 1 above applies, shall submit plans and specifications in duplicate, along with an application for building approval.  Application forms will be available from the Chairman of the Architectural Control Committee or the Secretary of the Association. Upon approval, one copy of all papers will be returned to applicant, one copy placed on file in the records of Bridgetown Community Association, Inc.  One approved copy is then to be taken by the applicant to the DeSoto County Planning Commission, Hernando, Mississippi, where the applicant will obtain the required County Building Permits.
ARTICLE XVIII
AUDIT
The Board shall cause an annual audit to be made of the finances of the Association and reported in writing to members at the annual meeting, more often if required by at least twenty percent (20%) of the paid-up members.
Adopted by vote of the Association membership at a general meeting held on December 2, 1979.  Subsequent corrections made to conform to the Charter and State Law.
*The Covenants, By-laws, and Standing Rules posted on this website are believed to be correct and are for the purpose of reference and convenience. If there is any discrepancy between the information on this website and the official documents, the official copy prevails. Official copies of the Covenants, By-laws, and Standing Rules are available at the Bridgetown Community Association office located in the Community Center. The Association and its Board Members assume no responsibility for any errors listed on this website.*
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