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Mark Groves - 1442
Wednesday, February 15, 2006
Thursday, February 9, 2006
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. ]
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. ]
Monday, February 6, 2006
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
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
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
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