Frequently Asked Questions

Annual Meetings


 Board of Directors            


  • Annual Meetings
    • Question: When is the Annual Meeting of Bentwater held?
      Answer: The Bylaws provide that a meeting of the Association shall be held at least once a year. The Bentwater Bylaws specify that the Annual Meeting is to be held in January or February of each year. You will receive written notice of the meeting, along with the Procedural Agenda and the proposed budget in advance of the time the meeting is to be held

    • Question: How do I vote for the Board or on other issues?
      Answer: Prior to the meeting, you will be sent a copy of the proposed budget for the coming year along with ballots for the election of Directors or other issues that may require the vote of the Membership.

    • Question: What constitutes a quorum for the Annual Meeting of Bentwater?
      Answer: Article II, Section 5 of our By-Laws provides that a quorum for a legal meeting shall be 10% of the Membership, or 27 Members.

    • Question: How much notice must be given before the Annual Meeting?
      Answer: The Bylaws provides that notice of the Annual meeting must be sent by first class mail to all members no sooner than 50 days nor less than 10 days prior to the Annual Meeting.   

    • Question: May I give my proxy to another homeowner if I cannot attend?
      Answer: The Bylaws provide that no proxies are permitted; however, there is a provision for absentee ballots. In order for your absentee ballot to be counted it must be returned in the envelope provided with the mailing, and it must be received by the time of the Annual

  • Assessments
    • Question: How are assessments determined?
      Answer: The amount of assessment for any given year is based upon the projected operating costs of the Association for the coming year, plus a provision for funding reserves for the maintenance, repair or replacement of capital assets and other contingencies

    • Question: Is there any provision for increases in assessments and how much can they be raised?
      Answer: The Bylaws provide that the Association may not impose a regular assessment that is more that 20% greater than the immediately preceding fiscal year’s assessment without the approval of a majority of the membership.

    • Question: What is the penalty for late or non-payment of assessments?
      Answer: If your account is in arrears, you will be sent a reminder by the management company, and if your account is 90 days in arrears, a lien against your property may be filed. The Bylaws provide that the Association has a implied lien on a property from the date the assessment is due, and has the right for foreclose on delinquent accounts (not including late charges, collection fees and legal fees) at the earlier of: 1) The assessment being delinquent for at least 12 months; or 2) The delinquent assessment(s) totals at least $1,200.00.   

    • Question: Can I pay my assessments by credit card?
      Answer: You may pay by credit card, but only from the BW website. You must be a member of the site and pay from your account there.  If you are not a member, please go to the site and submit your email to register, then when you get a welcome email, do not discard it but follow the instructions there to set up your account.  If you'd rather, you can bring a check or money order by the HOA office.  

    • Question: How do I know when my payment has been received?
      Answer: You may check to see if your check has been received by checking your Account Information on the Bentwater website.

  • Board of Directors
    • Question: How many persons are there on the Board?
      Answer: Current provisions of the amended By-Laws provide for a Board of seven (7) members. The presence of four (4) of its members constitutes a quorum to conduct a legal meeting. The bylaws state that quorum is met when a majority of the directors are present.

    • Question: What are their terms of office?
      Answer: All terms of office are for two years, with four (4) directors elected in even-number years and three (3) in odd-numbered years.

    • Question: When are elections held?
      Answer: Elections for the Board are held at the Annual Meeting. However, ballots are sent out in advance of the meeting for the benefit of those members who do not attend. Those ballots must be returned in the envelopes provided to be counted.

    • Question: What are the duties of the Board?

      Per the Bylaws, the Board duties shall include, without limitation:

      (A) Preparing and adopting, in accordance with the Declaration, and annual budget establishing each Owner’s share of the Common Expenses and any Neighborhood Expenses;

      (B) levying and collecting such assessments from the Owners;

      (C) providing for the operation, care, upkeep, and maintenance of the Area of Common Responsibility consistent with the Community-Wide Standard;

      (D) designating, hiring, and dismissing personnel necessary to carry out the Association’s rights and responsibilities and, where appropriate, providing for compensation of such personnel and for the purchase of equipment, supplies, and materials to be used by such personnel in the performance of their duties;

      (E) depositing all funds received on the Association’s behalf in a bank depository which it shall approve, and using such funds to operate the Association; provided, any reserve funds may be deposited, in the Board’s business judgment, in depositories other than banks;

      (F) making and amending Restrictions and Rules in accordance with the Declaration;

      (G) opening bank accounts on the Association’s behalf and designating the signatories required;

      (H) making or contracting for the making of repairs, additions, and improvements or alterations to the Common Area in accordance with the Governing Documents;

      (I) enforcing by legal means the provisions of the governing documents and bringing any proceedings which may be instituted on behalf of or against the Owners concerning the Association; provided, the Association’s obligation in this regard shall be conditioned in the manner provided in the Declaration;

      (J) obtaining and carrying property and liability insurance and fidelity bonds, as provided in the Declaration, paying the cost thereof, and filing and adjusting claims, as appropriate;

      (K) paying the cost of all services rendered to the Association;

      (L) keeping books with detailed account of the Association’s receipts and expenditures;

      (M) making available to any prospective purchaser of a Unit, any Owner, and the holders, insurers, and guarantors of any Mortgage on any Unit, current copies of the Governing Documents and all other books, records, and financial statements of the Association as provided in Sections 6.4;

      (N) permitting utility suppliers to use portions of the Common Area reasonably necessary to the ongoing development or operation of Bentwater; and

      (O) indemnifying an Association director, officer, or committee member, or former Association director, officer, or committee member to the extent Georgia law, the Articles of Incorporation, or the Declaration require such indemnity.


    • Question: When are regular Board meetings held?
      Answer: Board meetings are typically held on the fourth Tuesday of the month, provided that a quorum of the Board is able to be present. The Bylaws provide that Notices of Board meetings must be posted at least 48 hours in advance; however, this statute also provides that an emergency meeting can be held without notice to the members, if circumstances require action be taken before notice can be given.

    • Question: How do I contact the Board?
      Answer: You may contact the Board by calling, writing or e-mailing the Community Property Manager at Community Management Associates. (See link Contacts / Management Contacts.)

    • Question: May I attend meetings of the Board?
      Answer: Members of the Association are welcome to attend Board meetings. If you have a specific issue that you would like to have addressed, please contact our Community Manager in advance of the meeting (preferably a week) so the topic may be put on the agenda.