Timberrrrr!

Most of the homes in WHF were built in 1986 with Bradford Pear Trees installed by the developer. Twenty years later, it seems this was a poor choice. See the notice from the State of Alabama Cooperative Extension. They write:

"Choose Alternatives to Bradford Pear Trees, Experts Advise

Despite their standing as one of the most popular landscape trees in the Southeast, Bradford pears aren’t what they’re cracked up to be.

For despite all the beauty they lend to thousands of landscapes throughout the region, the trees are plagued with one fatal flaw: due to their combination of vigorous growth, weak wood and poor branch structure, they often begin falling apart after only 20 years. . . ."

Many of us have had this experience in the last few years:


Homeowners are responsible for proper maintenance of their property and their trees. Please be mindful of the risk these trees pose to your property and to the property of your neighbors, and act before these trees become eyesores or worse - before their limbs come crashing down.

New Sign is Coming

WHF has contracted with TSA Signs to construct 2 permanent signs to erect on the fence at the subdivision entrance. The sign looks like this:

Assoc. Fees: $50 Fee is Due for 2006

(WHFHA's board met May 24 and adopted the association fee set out below. Prior to 2006, association members sought donations to replace the front entrance fence and sign. In 2004, 57 homes donated a total of $2,455 toward the project and $2,500 was paid to American Landmark Fence Company to replace the fence. In 2005, additional donations were sought to paint/stain the fence and replace the Windy Hill Forest sign; only 21 homes contributed and only $850 more was raised. Of this amount, $124.73 was spent at Home Depot for stain, and members donated their labor to apply stain to the fence and to maintain the yard around the fence. Funds were not sufficient to purchase a sign. An additional $25 was spent to pay a meeting room fee at the Smyrna Community Center. In 2006 the Association is now formally organized and is assessing a mandatory $50 fee to purchase a new sign, to hire a service to care for the front entry, to pay postage, printing and meeting room costs, and to have fund to impose covenants standards on homes that let their properties go and lien the home for the cost.)


2006 WINDY HILL FOREST HOMEOWNER'S ASSOCIATION INVOICE

2006 Assessment: . . . . . Fifty Dollars ($50.00)**
Due Date: . . . . . . . . . . . .Due No Later Than July 31, 2006

Make Payment to:
WHFHA c/o Rochelle Martin, Treasurer
1423 Springleaf Circle Smyrna, GA 30080

**In 1985 the Windy Hill Forest Homeowner's Association recorded a declaration of covenants affecting its townhomes and their owners. It made the Association responsible for maintenance of common grounds and the lawns of each homeowner. That declaration included the right to assess $216 for lawn maintenance for 1985, and the right to annual increases of 5% of the prior year amount. The WHFHA Board of Directors has calculated an ongoing annual increase of 5% of the prior year amount from 1985 forward, and for 2006 the maximum that could be assessed is $601.77. The Association's policy is to entrust proper lawn maintenance to the Association members (which is consistent with Article IX of the WHFHA Bylaws - a copy is available at www.windyhillforest.com by clicking the "WHFHA documents" link).

Instead of assessing $601.77 for lawn maintenance, the Association is assessing only $50 for the entire 2006 year to cover fence costs, front entrance maintenance and administration costs. By paying the $50 amount, members are consenting to the Article IX bylaws, including the duty to take proper care of their lawns. If you are a member that insists on having the Association care for your lawn, then please pay $601.77 to WHFHA right away, so lawn-care arrangements can be made.

Failing to pay has consequences. Members, please understand that the Association is no longer dormant. It is in good standing with the Georgia Secretary of State, it has had a 2006 membership meeting at which a board of directors and officers were elected, and it has every right to make this assessment. A member that is delinquent in paying is subject to interest, late fees and attorney fees – those fees can add up to many hundreds of dollars and end up being filed as a lien on the member's home. Further, the Association reserves the right to contact a delinquent member's mortgage company to give them a chance to cure the delinquency before a lien is filed. Also, under the bylaws, a delinquent member delegates his voting rights to the Association. We look forward to your support and cooperation.

[Excerpts from bylaws & covenants follow - to enlarge, click on image and wait for downloading to complete.]

Smyrna Yard Enforcement: 770-317-5387

One of the issues discussed during the member meeting was how to remedy a problem neighbor that lets his yard go. Properties that go unmaintained reflect poorly on the whole subdivision. It seems to happen a lot with tenant properties; tenants think yard maintenance is the landlord's job and vice versa.

The City of Smyrna will confront properties that are seriously neglected -- if you have a problem neighbor, call the Community Development Office at 770-317-5387.

Blue Pipe Class Actions

[At the Feb. 28 meeting, Peggy & David of 1445 offered to supply more information on underground water pipe remedies -- this is their report]


Polybutylene Plumbing

Sometimes called "Poly Blue," This was used extensively during the 1980s and 1990s, and has been prone to breakage, particularly between the house and the water meter. It is not a flawed product, but simply was not designed for the type of water pressure experienced in exterior use. Sometimes polybutelene is known to have broken inside the house, but this typically is from a plastic coupling rather than the pipe itself. The pipe, as it runs from the water meter to the house, will be blue. Inside the house, it is gray. You usually can see it where it connects to the water heater. If in doubt, be sure to have it checked by a professional plumber. If you know that you have Polybutelene pipes, it must be disclosed on the Seller's Disclosure
statement. In advance it would be a good idea to obtain an estimate for replacement of the pipe. Additional information and photos are available here: http://www.polybutylene.com/ and www.kinsella.com/polybutylene/ .

For updated information on the Cox vs. Shell class action law suit regarding Poly-Pipes, and to find out if your home may be eligible for a claim, visit
http://www.pbpipe.com/index1.htm or call 1-800-392-7591.

Another class action law suit has been filed regarding interior polybutylene pipes with gray or white plastic fittings. Information on the Spencer class action suit can be found here: http://www.spencerclass.com/mainpage.htm.

Summary of Meeting

Advanced notice of the Feb. 28, 2006 member's meeting was mailed to all homes in the association. After establishing that a quorum was present, a number of matters were discussed including: blue water pipe remedies, City of Smyrna remedies for unkept yards, problems experienced with some tenant occupants, remedies for old trash cans, parking problems and fence improvements. Also, copies of the proposed bylaws published on this blog were distributed for study and comment.

With respect to official actions, the following was taken:

The members were resolved that the board of directors be three persons: Sandy Vazquez, Haywood Franklin and Mark Groves.

Further, the membership resolved that Rochelle Martin and Susie David be co-treasurers, that Sandy Vazquez be secretary and that Haywood Franklin and Mark Groves be co-chairmen of the board.

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Mark Groves - 1442

Suggested Bylaws - please comment

[After inquiry of the law firm that set up the association 20 years ago, it appears our organization records cannot be reconstructed -- so in order to have bylaws we must create them, and the following text is being proposed for adoption. Below is an excerpt of proposed bylaws with a link for downloading the full text. To download a full set of bylaws, click here. ]

BYLAWS
OF
WINDY HILL FOREST HOMEOWNERS’ ASSOCIATION, INC.

ARTICLE I
OFFICE

Windy Hill Forest Homeowners’ Association, Inc. (the "Association") shall at all times maintain a registered office in the State of Georgia and a registered agent at that address. The Association may also have such other offices as the Board of Directors shall determine. In the event the Association’s annual registration lapses or the registered agent moves, resigns or is otherwise unavailable, any member may assume the temporary office of assistance vice president to cure same and to call a membership meeting to replace inactive board members and/or inactive officers.

ARTICLE II
COVENANTS

Unless the context requires otherwise, the terms defined in the Georgia Nonprofit Corporation Code, as amended (the "Act") and in the Declaration of Covenants, Conditions and Restrictions, as same may be amended recorded at Deed Book 3634, page 449 of the Cobb County, GA records (the "Declaration") shall have the same meanings for purposes of these bylaws as are ascribed to them in the Act and the Declaration.

ARTICLE III
MEMBERS

Section 3.1. Membership. The Association comprises 81 townhomes -- all on Springleaf Circle in Smyrna, Georgia, and such townhomes have the following numbers: 1400 through 1466, 1468, 1470, 1471,1472, 1473,1474, 1475, 1477, 1479, 1481, 1483, 1485, 1487 and 1489. Each townhome shall have one vote in the membership and such membership shall continue for so long as such ownership shall continue, and shall terminate when such member no longer owns such a fee interest of record. Holders of security deeds and/or mortgages on townhomes shall not be members, shall not have a vote at meetings and need not be notified of member meetings.

Section 3.2. Annual Meetings. The annual meeting of the members shall be held on such date within three (3) months after the end of each fiscal year of the Association as the Board of Directors shall determine from time to time. Any member may give notice of an annual meeting if it has been more than 24 months since the last setting of an annual meeting pursuant to these bylaws.

. . .

Section 3.4. Notice of Meetings. It shall be the duty of the Secretary to issue a notice to members of each annual or regularly scheduled meeting of the members at least ten (10) days in advance of such meeting, and in the case of special meetings notice shall be given at least five (5) days in advance of such meetings. Each notice of meetings shall state the purpose thereof as well as the time and place where it is to be held. All notices of meetings shall be delivered personally, delivered to the email address supplied by the member or sent by United States mail, postage prepaid, at such address as the member may have designated to the Secretary, or, if no other address has been so designated, at the address of their respective units.

Section 3.5. Quorum. A quorum shall be deemed present throughout any meeting of the members until adjourned if the owners of at least nine (9) townhomes are present in person or by proxy at the beginning of such meeting (or at resumption of a meeting that was adjourned as provided in Section 3.8 below). The quorum provisions under Section 722 of the Act shall apply to the Association.

. . .

Prior to commencement of the meeting, the Treasurer shall supply a report of members who have been notified in writing that they are delinquent in making payment of sums due and owing to the Association and such delinquency remains uncured as of the time of the meeting. The vote of such delinquent members shall be deemed assigned by proxy to the Association and as such shall be deemed present for quorum purposes and shall be deemed to have cast a vote to abstain on all measures brought to a vote.

. . .

ARTICLE IV
DIRECTORS

Section 4.1. Number. The number of members of the Board of Directors shall be not less than three (3) and may be set by resolution of the Board of Directors. A newly created board seat shall be considered a vacancy and may be filled as provided in Section 4.5 below.

. . .
Section 4.6. Duties and Powers. Except as specifically provided otherwise in the Act, the Georgia Nonprofit Corporation Code, the Declaration, the Articles of Incorporation or these bylaws, the powers inherent in or expressly granted to the Association may be exercised by the Board of Directors, acting through the officers of the Association, without any further consent or action on the part of the unit owners. The Board of Directors shall also have the responsibility of discharging all of the duties imposed upon the Board of Directors under the terms and provisions of the aforesaid legislative authorities and instruments.

. . .
Section 6.1. Insurance. The Board of Directors shall set standards for insurance coverage for owner-occupied townhomes and for townhomes that are not owner-occupied and take such action it deems necessary and appropriate in connection with Article VI of the Declaration.

. . .

Section 8.4. Georgia Property Owners Association Act. The Georgia Property Owners Association Act was passed in 1994 subsequent to formation of the Association and filing of the Declaration; it is in the Association’s interest to have the declaration invoke the benefits of such law. The Association and its officers are authorized to establish an amendment to the Declaration so as to have it invoke such Act and to solicit authorizations from the requisite twothirds of townhome owners before such an amendment can be filed of record.

. . .
Section 9.1. Lawns. Article VII, Section 1 of the Declaration dictated that the Association was responsible for maintaining the lawns of each townhome. The Association has delegated this responsibility to the members and the members have accepted this delegation of duty by affirmatively maintaining the lawns for their respective townhomes. The Association remains responsible for maintaining the fence and landscaping at the front entrance of the subdivision and for sanctioning inadequate lawn maintenance of townhomes. Further, the Association reserves all of its rights under the Declaration to enter upon townhome property, to inspect same and to cause substandard conditions to be remedied.

Section 9.2. Harmonious Use. The members and their townhomes are in such close proximity that each member is called upon to preserve and foster harmony and to refrain from conduct or neglect that compromises the quiet enjoyment or value of any townhome; further each member is responsible for making all persons it allows in the subdivision to similarly comply and may be sanctioned for the noncompliance of such persons. The Board of Directors shall take any and all measures it deems reasonable or necessary to enforce the use restrictions set out in Article IX of the Declaration and to publish Rules & Regulations to clarify such restrictions and other member duties set out in the Declaration. Such Rules and Regulations may be established and
revised by majority vote of the Board of Directors, they shall be published on the Association website and they are incorporated into the Association Bylaws by this reference.

Section 9.3. Finance. The Board of Directors shall have discretion to call for special assessments in accordance with the Declaration. Further, the Board of Directors shall have discretion to issue annual assessments, and to establish a homestead credit policy which waives part or all of the annual assessment in return for the resident member’s written commitment to keep his lawn and property well maintained, to authorize an amendment of the Declaration to invoke the Georgia Property Owners Association Act, and to otherwise adhere to the Declaration and Bylaws. Additionally, the Board of Directors shall have discretion to establish a landlord credit policy which waives part or all of the annual assessment in return for the non-resident member’s written commitment to keep his lawn and property well maintained, to cause himself and his townhome occupants to adhere to the Declaration and Bylaws, and to authorize an amendment of the Declaration to invoke the Georgia Property Owners Association Act. (See Section 8.4 above for more discussion of such law.)

. . .

Section 10.1. These bylaws may be established and/or amended by majority vote of the Board of Directors or by majority vote of the members.

. . .

[to download full set of bylaws, click here. ]

WHFHA - NOTICE OF ANNUAL MEETING

WINDY HILL FOREST HOMEOWNERS
ASSOCIATION INC. ("WHFHA")

NOTICE:Annual Meeting is 7pm on Tues., Feb. 28, 2006 at 1442 Springleaf Cir.

To: Owners of 1400-1489 Springleaf Circle (tenants, please give this to your landlord)

Many members have been wonderful about donating time and money for the front fence & yard. Still, for several years the WHFHA has not announced a formal membership meeting, it has not elected an official board of directors or set of officers, it has no records of meetings or bylaws, and it has not kept its registration with the Secretary of State current. The Feb. 28, 2006 annual meeting is being called to correct these matters, to gather email addresses and announce the WHFOA website -- bring a folding chair for yourself, we will meet on the back deck. This notice is given Feb. 7, 2006 – please keep yourself up to date on WHFOA notices by checking the website indicated below, and email us at windyhillforest@yahoo.com with your contact info & email address.

Signed: Mark P. Groves - 404-989-7345

http://windyhillforest.blogspot.com

Welcome WHFHA

This blog is intended to give members of Windy Hill Forest Homeowner's Association, Inc. a chance to browse current events for our association and to post comments. This blog will give more homeowners a chance to see the topics and content of discussion, and supply their thoughtful input. If you post a comment, please state your name or house number and remember to be courteous even if different points of view arise.

Note the following links.

Our email is windyhillforest@gmail.com

Copies of the covenants and
other WHFHA docs are at:
this link




-- Mark Groves, 1442