Waterfall POA Governing Documents & Resources

“Declaration of Covenants, Conditions, and

Restrictions” (sometimes called “Protective Covenants”) are recorded with the county and are binding on successors.

What it is: The recorded document that creates the community, and imposes covenants that run with the land
Typical contents: Use restrictions (leasing/STRs, architectural control, pets, parking), easements/common areas, assessments & liens, enforcement rights, and the process to amend covenants.
Who it binds: Every current and future owner and occupants, by virtue of title.
Amending it: Follow the percentages stated in the Declaration
Practical effect: This is the property-rights document. If there’s a conflict with bylaws, the Declaration controls because it’s the recorded servitude that runs with the land (and owners bought subject to it). (Georgia courts treat the “instrument” as the controlling covenants.)

What they are: The association’s internal corporate rules—adopted under the Georgia Nonprofit Corporation Code—that govern meetings, quorum, directors/officers, elections, committees, notice, and procedure. They’re not usually recorded against title.
Typical contents: Board size/terms, officer roles, meeting/voting procedures, budgets, committees, indemnification, etc. (They can’t grant powers that contradict the Declaration or statutes.)
Who they bind: The corporation and its members in their capacity as members (how the association operates).
Amending them: Whatever the bylaws or articles specify—often a member majority (sometimes the board, if the bylaws permit).
Practical effect: Bylaws run the meetings and the board, not the land. You can’t use bylaws to add new use restrictions that belong in the Declaration.

Waterfall Property Owners ASSOCIATION, INC.