Lake Caroline Owners Association
Rules and Regulations
As Amended Through April 18, 2013

*Please contact the LCOA office for a current version of the Lake Caroline Design Guidelines.

Index

  1. Common Areas and Common Facilities
    1. Use by Homeowners
    2. Use of Amenities
    3. Use by Sub-association and Subdivisions
    4. Prohibition on Littering
    5. Use of weapons
    6. Use Off-road vehicles
    7. Sale of Items in Common Areas
  2. Lots and Dwellings
    1. Use of lots and dwellings
      1. For Business
      2. In Leasing
        1. Leasing for business purposes
        2. Leasing during hardship
        3. Leasing Procedure and Rules
      3. Lease Purchase
      4. Residing in boathouses
    2. Exterior Appearance of Dwellings and Property
      1. LCOA entry onto property
      2. Fencing
        1. Chain link fences
        2. Animal containment structures
        3. Placement of fences
      3. Property as an eyesore
      4. Lawns/landscaping
      5. Lots under construction
      6. Garage Doors
      7. Hiding trash
      8. Trash pickup
      9. Prohibited signs and exceptions
      10. Size of signs
      11. “For Sale” sign placement
      12. Sign appearance
      13. Signs on existing structures
      14. Mailboxes
      15. Use of Garage
      16. Where vehicles can be parked
      17. When trailer on street
      18. Official Marked Vehicles
      19. Vehicle repairs in garage
      20. Obnoxious/offensive activities
      21. Antennas on house
      22. Outside lighting fixtures
      23. Control of Pets
      24. Pet waste
  3. Green Space and Waterfront Areas
    1. Hunting and trapping of wildlife
    2. Construction and clearing restrictions of waterfront lots
      1. Shoreline stabilization of waterfront lot
      2. Seawall
      3. Enforcement
  4. Lake Usage
    1. Boating
      1. Boater safety course
      2. Age of operator
      3. Boat and tow vehicle registration
      4. Fine for no sticker on boat
      5. Sticker on tow vehicle
      6. Fine for no sticker on tow vehicle
      7. Number of boats
      8. Type of boats
      9. Modification of boats, changed 12/10/09
      10. Engine size
      11. Maximum Bass Boat Hull Length
      12. Maximum Hull Length – Other Approved Boats
      13. Maximum boat speed
      14. Boats with heads, latrines and galley or chemical toilets
      15. No Wake areas
    2. Skiing and Tubing
      1. Designated ski areas
      2. When observer required
      3. Distance from docks
      4. Floating Debris
      5. Caroline Cove
      6. After Dark
    3. Swimming
    4. Fishing
      1. Where prohibited
      2. Lake fisheries maintenance
      3. Prohibited actions
      4. Creel limits
      5. Use of Common Area by Contractors
  5. Architectural Guidelines
  6. Procedure For Enforcement of Covenants and Associated Penalties for Violation(s) of Covenants, Rules and Regulations
    1. Initial violation
      1. First Notification
      2. Second Notification
      3. Violations of II.B.4
      4. Third and Final Notification
      5. Penalty for failure to remedy
    2. Second Violation Within One Year
      1. Section VI, B, 1,
      2. Second Notification
      3. Penalty for failure to remedy
      4. Third Violation
    3. Collection of Fines
    4. Request for waiver of penalties
    5. Waiver of Penalties
    6. Finality of Decisions

Pursuant to Articles V and XII of the Declaration of Covenants, Conditions and Restrictions for Lake Caroline (“Covenants”), the Board of Directors (“Board”) of the Lake Caroline Owners’ Association, Inc. (“LCOA”) hereby adopts the following Rules and Regulations which are designed to aid in the implementation, administration, and enforcement of the Covenants. All references to “owner” will pertain to “homeowner” and “lot or property owner”:

  1. Rules and Regulations Regarding Use of Common Areas and Common Facilities

    1. The use of the lake, common areas and facilities is limited to each owner and immediate family residing with the owner. Owners must accompany guests and are responsible for the conduct of such guests. Owners and their guests are governed by applicable Rules and Regulations. Any and all owners are prohibited from using the lake and all common areas and facilities for monetary profit or for any commercial endeavor, including but not limited to serving as a guide or an instructor without the express written consent of the Board of Directors. Lake and common areas and facilities include the pool, tennis courts, and clubhouse.
    2. Common areas and facilities are amenities for the convenience of the owners and the aesthetics of the development. No owner or his/her guest shall misuse, destroy, tamper with, or otherwise interfere with such amenities.
    3. The use of the Lake Caroline Clubhouses by sub-associations or subdivisions of Lake Caroline is restricted as follows: usage is free to all sub-associations and sub-divisions within LCOA for meetings or gatherings as long as invitations are submitted to all members of that sub-association or sub-division. Said sub-associations or sub-divisions must make reservations for such meetings in advance and on a first-come basis.
    4. Owners and their guests shall not litter or otherwise dump or dispose of any trash along or in any common areas and facilities of the development or its streets.
    5. No owner or guest shall at any time use weapons of any kind including, but not limited to, BB guns, pellet guns, handguns, shotguns, rifles, or bows and arrows within any part of the development for any purpose.
    6. No motorized off-road vehicles, such as ATV’s, Three Wheelers, or Four Wheelers, will be operated on any portion of common areas and facilities. It is a violation of law to operate ATV’s or golf carts on county roads. Any owner witnessing such violation is encouraged to notify the Madison County Sheriff’s Department (Emergency 911 or Non-Emergency 601-859-5972 or 601-859-2345).
    7. No items for sale may be displayed or parked in any Common Areas, including parking lots.
  2. Rules and Regulations Regarding Use of Lots and Dwellings

    1. Use of Lots and Dwellings
      1. No business or trade of any kind, including garage or yard sales, that results in customer and client traffic shall be conducted on any lot or within any dwelling.
      2. Leasing of Property
        1. There shall be no lease or rental of a Lot or any dwelling or structure thereon for investment, commercial or business purposes, and there shall be no lease or rental of a Lot or dwelling by a corporation or other commercial entity except as expressly allowed by the Declarant in Article XI Section 1 of the Declaration of Covenants, Conditions, and Restrictions for Lake Caroline (Covenants). Leasing as permitted herein is only allowed by an individual owning the subject property.
        2. The owner of a Lot may not lease or rent a Lot or any dwelling or structure thereon without the prior written approval of the Board of Directors. It is the express intention of this Rule for the Board of Directors to allow such lease or rental of a Lot or dwelling only in the event of a hardship by the owner such as an extended absence by the owner from his or her primary residence.
        3. An approved lease must be for the entire dwelling and for a term of at least 6 months. Any lease or rental approved by the Board of Directors must comply with any and all other conditions of the Covenants, and must be reviewed annually by the Board before renewal.Permission to lease or rent must be requested by the owner in writing prior to any such agreement with lessee or renter, and must state the exact compelling reasons for the request, and all related circumstances. Permission to lease or rent will only be considered upon a showing of hardship by the owner. Hardship will not be considered because of overextending of finances or inability to pay, and will only be considered if the owner has occupied the house as their primary residence for one year preceding the proposed lease, and owns no other dwellings at Lake Caroline in the owner’s name, spouses name, or a business name.The determination of ‘hardship’ for this purpose shall be at the sole discretion of the LCOA Board of Directors.Any lease existing prior to the filing of this Regulation with the Chancery Clerk of Madison County, Mississippi shall be considered “grandfathered” until the expiration of the then existing lease under the following conditions:
          1. the lease must be submitted for approval by the Board of Directors within sixty (60) days of the recording of this Regulation with the Chancery Clerk of Madison County, Mississippi;
          2. the lease must be for the entire dwelling;
          3. the remaining term of the existing lease must not exceed one (1) year;
          4. any lease or rental approved by the Board of Directors must comply with the other conditions of the Covenants,
          5. Tenant(s) must observe all covenants and rules and regulations of the development, and
          6. Any extension beyond the existing lease must comply with the above conditions for new leases.

          Any lease not submitted to the Board of Directors within sixty (60) days of the recording of this Document with the Chancery Clerk of Madison County, Mississippi shall not be afforded any protections provided under this Regulation, including but not limited to being “grandfathered” in as an existing lease. Any lease created after expiration of the previous lease shall be considered to be in violation of this Regulation unless approved in writing by the Board of Directors.

          Notwithstanding other conditions of this provision, permission to lease may be granted, at the discretion of the LCOA Board of Directors, if leasing is proposed to a current owner of property at Lake Caroline who is in the process of building a home on that property in which they will reside.

          Lake Caroline Amenities such as pool use, lake use, etc., may be granted to lessee if lease has been prior approved by the Board of Directors, and lessee agrees to comply with all Covenants, Bylaws, Rules and Regulations, and agrees to periodic property inspection as required by the Board of Directors.

          These Rules and Regulations shall be enforced by the Board of Directors, and will include any and all procedures there existing for levying of fines and/or associated penalties. In addition, the Board of Directors may take any and all legal action necessary to enforce these Rules and Regulations. Further, the Board of Directors is authorized to fine any owner or lessor of dwellings that violate this Rule and Regulation $500.00 per month, which fine shall constitute a lien against that property, and be subject to any and all legal means of collection.

          Such fine shall begin to accrue 60 days after the Lake Caroline Owners Association has mailed notice of the violation of this Regulation to the record owner of the lot by certified mail, if the violation has not been corrected in that time, and shall continue to accrue monthly until the violation has been corrected and the fine paid in full.

          Tenant(s) must observe all covenants and rules and regulations of the development. No lots or dwellings shall be sold under any time-sharing, time interval, or assumption of right-to-use programs.

      3. Lease Purchases
        1. A Lease-Purchase agreement may be granted by the board of directors but it is not incumbent upon the board to do so. If such is requested in writing along with the entire proposed agreement for review, the following conditions must be met to be considered:
        2. A deposit must be made with the Association (LCOA) in the amount of five (5) percent of the agreed upon purchase price.
        3. If the property is not purchased by the assigned Leasee within a maximum of two (2) years from the date of approval by the Board of Directors, the deposit will be forfeited to LCOA and the owner will be considered in violation of Rules and Regulations and penalties will be assessed as described in these Rules and Regulations.
        4. The Lease-Purchase agreement must be reviewed by the Board after one year to ensure that the Leasee is complying with all other requirements of these Rules and Regulations.
        5. Once the final purchase has been completed and legally recorded in the office of the Madison County Chancery Clerk, the deposit will be refunded only to the original depositing owner with one (1) week of showing proof of same.
      4. Permanent, continuing, or full time residence in boathouses is not permitted.
    2. Exterior Appearance of Dwellings and Property
      1. Entry Onto PropertyNotwithstanding any remedies available to LCOA pursuant to the Declaration of Covenants, Conditions and Restriction for Lake Caroline (the “Covenants”) or its Rules and Regulations, LCOA reserves the right to enter onto Owner’s property to remedy any violations of the Covenants and/or LCOA’s Rules and Regulations. Such entry is allowed only if a violation is not corrected by such Owner within thirty (30) days after written notice of such violation, and upon five (5) days notice sent by certified mail that LCOA and/or its representative intends to enter onto Owner’s property to remedy such violation. LCOA reserves the right to immediate entry in situations posing a hazard to public safety, and seven (7) days after written notice in the case of mowing violations.Such entry onto Owner’s property shall not be deemed to constitute a trespass, civilly or criminally. This provision does not affect LCOA’s right to enforce any violations of the Covenants and/or LCOA’s Rules and Regulations through other means, including but not limited to legal action, injunctive relief, and monetary damages.
      2. Fencing
        1. No fence configuration is allowed that cordons off a segment of yard for, or having the appearance of, a dog pen or animal containment structure. Such fencing existing as of September 18, 2008, will be permitted to continue to exist until the property is sold and changes ownership.
        2. All fences must be at least ten feet from asphalt edge.
      3. Property must be maintained in such manner as to not constitute an ‘eyesore’. Such determination is at the discretion of the Board of Directors or its Representative.
      4. Lawns must be properly mowed, landscaping manicured, and yards kept free from litter, trash, and other debris. Owners of vacant lots shall routinely inspect their lots for unsightly conditions and hazards and, if found, properly remove it from the lot. All vacant lots shall be mowed and cleared of debris on a regular basis.
      5. Lots under construction shall be maintained in a neat and orderly manner consistent with Guidelines from the Lake Caroline Architectural Committee. Failure to do so will be a violation of Covenants and enforced as such.
      6. All garage doors shall be kept closed when not in use.
      7. All garbage cans, trash receptacles, and other unsightly objects must be placed or stored concealed from view from streets and adjacent properties. Trash cans and other receptacles shall be removed from the streets or sidewalks after trash pickup has been completed. Do not pile loose trash, debris, or other objects in front yards, on sidewalks, or in the street for trash pickup except immediately before trash pickup services are expected.
      8. Solid waste to be picked up by the county may be placed on the street no earlier than twelve (12) hours prior to the scheduled day of collection.
      9. Except for signs that may be required by some legal proceeding, signs are prohibited unless approved by LCOA Board with the following exceptions: 1) For Sale signs either by owner or real estate agents are permissible but shall not be placed anywhere in the development except on the owner’s property, and 2) signs for special occasions may be placed and removed within a 24-hour period.
      10. No for sale sign shall exceed six square feet in size. For sale signs currently in place exceeding this size restriction shall be grandfathered in, allowing them to remain until such time as the property advertised is sold.
      11. A ‘For Sale’ sign by an owner or realtor may be placed on the golf course or lake side of the property, if applicable, as well as the street side.
      12. All signage must be maintained in an upright, clean, and orderly manner, neat in appearance and repaired as needed.
      13. Taping or attaching signs to any existing sign or pole is prohibited.
      14. Mailboxes must be properly maintained with correct paint, upright structure, and otherwise in good condition, repaired as needed
      15. Garages shall provide parking for the same number of automobiles as bays provided before excess automobiles will be permitted in driveways; however, since Lake Caroline is a lake and golf community, one boat and/or boat trailer, or one golf cart parked in one enclosed garage is permissible in place of one automobile. All other automobiles owned by owners shall, as far as possible, be parked in the enclosed garage. To accommodate families with several cars, parking in the driveway is allowed only when other automobiles, boat and/or boat trailer, or golf cart are parked in the enclosed garage. Except as may be necessary from time to time by an owner’s guests or visitors, no vehicles, boats, or trailers of any kind shall be parked in any yard or any street. An owner shall not on a regular basis park his or her automobile, boat, trailer, or any type of motorized vehicle on any street.
      16. Vehicle parking in the yard is prohibited. Vehicle parking in the driveway or street of motor homes, tractors, trucks, (other than pickup trucks) commercial vehicles of any type, campers, motorized campers or trailers, boats or other water craft, boat trailers, ATV’s, motorcycles, motorized bicycles, motorized go-carts and other transportation devices is prohibited unless circumstances are temporary and prior approval is obtained from the LCOA Office.
      17. When necessary and approved to park a trailer on the street, bright warning cones or similar safety warnings must be used to warn traffic from both directions.
      18. Residents who are law enforcement officers and who drive a marked official vehicle may park them outside their garage in their driveway as a deterrent to crime.
      19. Vehicle repairs or restorations of any vehicle or boat must be done within an enclosed garage except when emergency repairs are necessary to enable the movement of the vehicle to a proper repair facility. Unkempt, unclean and unsightly conditions of buildings and grounds are prohibited.
      20. Obnoxious or offensive activities on any lot are prohibited. The Board of Directors and/or its Representative has the exclusive right and discretion to determine activities meeting this standard.
      21. When possible, antennas such as DSS dishes should be located on the lower one-third of the side of the house with pre-wiring located on the southwest side of the house. For more detailed information refer to Lake Caroline Design Guidelines or call the LCOA Office.
      22. Outside lighting fixtures shall have prior approval by the Architectural Review Committee and be designed so the intensity or direction does not adversely affect adjacent properties.
      23. No owner shall allow pets of any kind to roam freely. All pets while outside must be maintained in a fenced area or be in the presence of their owners on a leash or in a boat. If an electric fence does not contain the pet, the fence is not considered operational.Madison County’s Animal Control Ordinance applies to Lake Caroline. It is unlawful under the ordinance for an owner to allow an animal to run loose or become a nuisance by attacking or biting, trespassing, damaging property or barking excessively. The Ordinance provides for pet owners to be fined $85 for the first offense, $100 for the second offense, and $150-$500 for the third offense. Animals will be turned over to the Mississippi Animal Rescue League after seven days. Violations are to be reported to the Canton Police Department (phone 601-859-2121 or 859-2122; pager 601-920-4627).
      24. Owners are to collect waste from their pets on any and all common areas and within their own property. Uncollected dog waste is a nuisance and a serious health problem.
  3. Green Space and Waterfront Areas

    1. Hunting or trapping of wildlife is prohibited.
    2. Construction and clearing restrictions apply to all properties that front on the lake to preserve the natural character of the lake.
      1. The shoreline stabilization of a waterfront lot must be established within three years from the date the owner receives a deed to the lot according to criteria adopted by the ARC. If not done within the three-year period, LCOA may, but is not obligated to, establish the shoreline stabilization and charge the cost of the work to the owner as a special assessment against the lot.
      2. Failure to install and properly maintain a seawall for shoreline stabilization within three years after purchasing waterfront property will be treated as a Covenant violation and fined as such. Transfer of ownership within that three years does not give the new owner three more years, but only the amount of time left from the first three years. Failure to repair a seawall within three months or present a contract acceptable to LCOA for same after being notified by LCOA of needed repair will also be treated as a Covenant violation and fined as such.
      3. LCOA reserves all rights granted to it under the Declaration of Restrictions and Covenants and Rules to enforcement of this section including any legal action or entry to Owner’s property.
  4. Lake Usage

    LCOA does not provide any safety patrol for the lakes or common areas. LCOA does not warrant the safety of those using Lake Caroline, and individuals do so at their own risk. Boating, swimming, fishing, etc., are inherently dangerous. Individuals are responsible for their safety and the safety of others.

    General usage includes fishing, pleasure boating, sailing, skiing, and swimming. All Lake Caroline regulations must be observed.

    1. Boating:
      1. For your own personal safety it is suggested that all boat operators complete the boater safety course offered by the Mississippi Department of Wildlife, Fisheries and Parks.
      2. No one under 15 years of age shall operate a powered boat without adult supervision.
      3. All boats powered by motor(s) and/or engine(s) that meet the horsepower and length requirements established by LCOA, all towing vehicles and boat trailers must register at the LCOA office and be properly identified with a Lake Caroline decal before access to the lake is allowed. A copy of a valid State Boat Registration Certificate (In the lot owner’s name and/or members’ delegees consistent with Article II section 3) and a copy of a boat’s general liability insurance are required for LCOA boat registration. The general liability insurance must provide a minimum limit of $500,000. In lieu of the general liability policy as described, proof of an umbrella policy with minimum limits of $500,000 will be accepted. The boat decal will be affixed on the side of the outboard motor or stern on inboards and some pontoons by LCOA office at the time of registration.
      4. Residents operating a boat on Lake Caroline without a current sticker will be fined $50 after one warning.
      5. The proper sticker for tow vehicles will be affixed to the left rear window. Parked non-stickered tow vehicles will be assumed to be in violation and trespassing and will be subject to towing at the owner’s expense, or to prosecution for repeated offenses.
      6. Any resident’s tow vehicle in the boat launching area without a proper LCOA sticker will be fined $50 after one warning.
      7. No more than two boats per lot owner. Only one of these may be used for skiing. Guests’ boats are prohibited.
      8. Racing boats, jet skis, unapproved jet boats and houseboats are restricted from lake use.
      9. Modification of manufacturer’s exhaust system is not permitted.
      10. Maximum engine size shall not exceed 250 horsepower on competition ski boats with outboard engines, 250 horsepower on “bass boats” and “fish-skis” with outboards, 351 cubic inches on inboards and 305 cubic inches on inboards/outboards.
      11. Maximum bass boat hull length shall not exceed the following:

        Bass Boats:

        Allison: XB-21 ProSport, XB-21 BasSport 2+2, XB-21 BasSport Pro, XB21 XST

        Bass Cat: Jaguar (21′)

        Blazer: 210 Pro V

        Bullet: 21SS, 21XD, 21 XDC, 21XRD, 21RDC

        Charger: 797

        Express: X21

        Gambler: 2100 Pro,

        G-3: No 21′ Boats

        Legend: Alpha 211

        Phoenix: 921 Pro XP, 721 Pro XP

        Ranger: Z521, Z521C, Z21, 521VX

        Sea Ark: Stealth 210

        Skeeter: FX21, 21i, ZX21

        Stratos: 210 Elite

        Stroker: 21

        Triton: 21HP, 21XS

        Maximum hull length for bass boats shall not exceed 21′. The above listed 21′ bass boats are approved for administrative registration. Any 21′ bass boat not listed must be approved by the Lake Committee prior to registration. All brands of boats 20′ and under are approved.

      12. Maximum boat hull length shall not exceed the following:
        1. Ski Boats/Pleasure Boats – 20 feet or manufactor’s 20 foot model designation. Length does not include swim platform.
        2. Center Console Fishing Boats – 20 feet or the manufactor’s 20 foot model designation.
        3. Pontoon Boats – 28 feet (Aluminum Pontoons).
        4. Sailboats with a maximum length of 20′ with no keel depth requirement will be allowed on Lake Caroline.
        5. No maximum length for canoes, kayaks and skull boats.
        6. The above Rule 12 (a. through e.) requirements are effective August 16, 2012. All boats that are registered prior to this date under the prior rule 12 requirements are deemed legal and will be approved for current and future registration.

        All LCOA members are advised to consult with the LCOA management prior to purchasing a new boat to verify the boat meets the above registration requirements. Compliance is strictly the responsibility of the boat owner and denial of registration will occur if the requirements are not met.

      13. Maximum speed shall not exceed 50 miles per hour.
      14. Boats with “heads,” latrines and galley or chemical toilets are prohibited from the lake.
      15. “No Wake” areas are designated by signs. No boat shall be operated in such a manner as to leave a wake in these or any canal area.
    2. Skiing and Tubing
      1. All skiing and tubing must take place within the designated ski areas marked with white buoys or within the slalom course. The designated ski area is inside the white buoys and north along the dam of the main lake, staying at least 100 feet from the dam and preceding in a counter-clockwise direction following the white buoys marking the course. No skiing or tubing is allowed in the channel between the ski area and the slalom course.
      2. All boats pulling skiers or tubers must have an observer in addition to the driver.
      3. All boats and skiers or tubers must stay at least 75 feet from all docks unless docking.
      4. Watch for floating debris. Slow speeds are suggested outside the ski area because of logs or other hazards.
      5. No skiing or tubing in Caroline Cove.
      6. No skiing or tubing after dark.
    3. Swimming is prohibited around any of the controls to dams or standpipes. Jumping or diving from the bridge is prohibited.
    4. Fishing
      1. Fishing is prohibited in open skiing areas while ski boats are in operation and in swimming areas when swimmers are present.
      2. A professional pond management company maintains Lake Caroline. Refrain from any personal actions including, but not limited to, adding fish to the lake. Such actions could jeopardize the integrity of the Lake and its fisheries.
      3. Fishing from bridges or dams is not permitted, as well as the use of seines, trotlines, cast nets, floats and unattended lines.
      4. Refer to Lake Usage Rules and Regulations for creel limits. A copy may be obtained from the LCOA office. All creel limits must be observed at all times to protect the Lake Caroline fishery. Creel limits are subject to change based on recommendations from our pond management consultants.
      5. No Contactor or contractor personnel will be permitted to hunt, fish, or bring pets or boats on LCOA property or owner’s property.
  5. Architectural Guidelines

    Lake Caroline Owners’ Association has strict Architectural Design Guidelines that must be followed at all times. Refer to the guidelines before commencing any clearing, construction, or remodeling on any property within the Caroline community. A copy of these guidelines may be obtained from the LCOA Office.

  6. Procedure for Enforcement of Covenants and Associated Penalties for Violation(s) of Covenants, Rules and Regulations

    The procedure for enforcement and associated penalties for violation(s) of Lake Caroline’s Covenants, Rules and Regulations is as follows:

    1. Upon discovery or notification regarding an alleged violation of the Covenants, the Board, through a representative of its choosing (the “Representative”), shall investigate the alleged violation. If further action is deemed warranted, at the sole discretion of the Representative and/or Board, the following actions will be taken:
      1. The Representative and/or Board shall notify the owner in writing (the “First Notification”) that a violation exists and should be corrected in an amount of time to be decided by the Representative and/or Board. In no event, however, shall the amount of time provided to remedy the violation be shorter than three (3) days or longer than fourteen (14) days unless the violation represents a hazard to public safety.
      2. If an owner fails to correct the violation within the time provided by the Representative and/or Board in a manner satisfactory to the Representative and/or Board, within the Representative’s and/or Board’s sole discretion, the Representative and/or Board shall notify the owner in writing (the “Second Notification”), at which time a Fifty Dollar ($50.00) fine shall be assessed against the owner. The owner shall then have no more than fourteen (14) additional days to pay the fine and take all necessary actions to remedy the Covenant violation(s).
      3. In the case of a violation of II.,B, 4, [failure to keep lawn mowed and clean, etc.] the owner will be given seven (7) days after ‘First Notice’ to correct the violation. After this time, the Board or its Representative will contract for the mowing and/or cleaning to be carried out by entering the property, and the owner will be assessed for the cost of the work plus a twenty five dollars [$25.00] fine for the first such violation. Each subsequent violation will be assessed the cost of work performed, plus a doubling of the prior fine.
      4. In the event the owner fails to either pay the assessed fine or remedy the Covenant violation(s) as provided in Section VI, A, 2, the Representative and/or Board shall then notify the owner in writing (the “Third and Final Notification”), at which time an additional One Hundred Dollar ($100.00) fine shall be assessed against the owner.
      5. In the event the owner fails to either pay the assessed fines and/or remedy the violation(s) as provided in Section VI, A, 2 and 3, the total fine balance due shall double each month and the owner’s use of all common areas (to include the Lake) will be suspended until the owner both pays the assessed fine(s) and remedies the Covenant violation(s). From this point forward, all fines shall be assessed with no further notification to the owner, except an invoice for the outstanding fine balance due.
    2. If an owner is found to have violated a Covenant within one (1) year of having been fined for previously violating the same or similar covenant, the following actions shall be taken:
      1. The owner will be provided written notification of the Covenant violation(s) and shall be assessed a fine of Fifty Dollars ($50.00). The owner shall then have no more than fourteen (14) days) to pay the fine and take all necessary actions to remedy the Covenant violation(s).
      2. In the event the owner fails to either pay the assessed fine or remedy the Covenant violation(s) as provided in Section VI, B, 1, the Representative and/or Board shall then notify the owner in writing, at which time an additional One Hundred Dollar ($100.00) fine shall be assessed against the owner.
      3. In the event the owner fails to either pay the assessed fines and/or remedy the violation(s) as provided in Section VI, B, 1 and 2, the total fine balance due shall double each month and the owner’s use of all common areas (to include the Lake) will be suspended until the owner both pays the assessed fine(s) and remedies the Covenant violation(s). From this point forward, all fines shall be assessed with no further notification to the owner, except an invoice for the outstanding fine balance due.
      4. In the event an owner violates the same or similar Covenant(s) a third time within one (1) year, a Five Hundred Dollar ($500.00) fine will thereupon be assessed against the owner, and the owner will be required to appear before the Board.
    3. The Board reserves the right to attach to any and all fines assessed all costs deemed necessary in the assessment and/or collection of such fines, including, but not limited to, attorneys’ fees, court costs, expenses, and interest and late payment penalties not to exceed the limits allowed under Mississippi law.
    4. An owner against whom a fine has been assessed may appear before the Board at any regular Board meeting to request waiver of the fine or suspension of common area use. The owner shall be given ten (10) minutes to present his or her case, and will be provided five (5) minutes to rebut any presentation made by the Board and/or its Representative.
    5. The Board, in its discretion, may waive any fine assessed against any owner and/or remove any suspension of common area use. The provisions for enforcement of Covenants and associated penalties provided herein shall not act to limit any other rights and privileges granted to the Board to enforce Covenants and/or assess penalties for the violation of same, including, but not limited to, the Board’s right to pursue injunctive or other legal relief against owners.
    6. All decisions made by the Board regarding this section are final.

SO ADOPTED, THIS THE 18th DAY OF SEPTEMBER, 2008 AND AMENDED THROUGH April 18, 2013

BOARD OF DIRECTORS
LAKE CAROLINE OWNERS’ ASSOCIATION, INC.