Tuesday, October 2, 2007

Is the HOA Voluntary?

We are so grateful to the overwhelming majority of homes that have been supportive of the HOA (homeowners' association). With that support, we've made important upgrades. Over the last few years, thanks to the dues paid and the many hours volunteered by certain members, we removed a fence that was failing and posed a hazard, we installed a new fence, installed new signs, put caps on the fence columns and installed new landscaping at our entrance on Matthews Street. Coupled with that are more and more homeowners doing all they can to keep their own properties attractive and maintained.

Out of respect for the 80+% that have been supportive, time has come to enforce unpaid dues from delinquent homes. It is not right for the absentees to benefit from the good faith of others, and that good faith is discouraged when there is no consequence for being delinquent.

The most common excuse given by delinquent owners is "no one told me about an association when I bought the home." The most interesting excuse I heard is a landlord who said she is not electing to participate.

Please realize that before these 81 townhomes were built, the subdivision's land was platted out and permitted for construction. As a part of that process, the developer made all 81 lots subject to important covenants requiring each owner to keep his or her property well maintained and attractive. [click here to download the covenants] These covenants are filed in the real estate records and are as serious and binding as a mortgage -- they are not voluntary; owners don't get to choose whether they want to participate or not. And this is important. Our homes are so close to each other that we need to have an enforceable understanding that everyone is expected to do their part to keep their home maintained and attractive. If a property becomes unsightly, it makes the neighboring homes less attractive. Similarly, if the Matthews Street entrance is kept attractive, it makes all our homes more attractive - owners don't get to ignore the dues charged in the process.

It is normal for homeowners to be concerned about the amounts that a HOA tries to charge, and they should make sure that safeguards prevent misuse of HOA funds. Rather than charge hundreds of dollars every month, Windy Hill Forest Homeowners' Association charges one annual fee of $100 (which is discounted if timely paid); further our funds are kept by 2 co-treasurers who double check each other and report funds status to the HOA board every month.

Again thanks for the support. And for the homes that have neglected to support WHFHA, we regret that it is necessary to ramp up collection efforts with lien claims for delinquent dues, interest and attorney fees - delinquent homes should call Mark Groves at 770-989-7345 to resolve their accounts.

Saturday, March 17, 2007

Summer Cooling Tips

Summer's coming and our townhouses tend to get hot -- especially upstairs. There are several little things I have done to help cooling (try these at your own risk).

First, have your air conditioner serviced and your filter replaced. A shortage of coolant means a shortage of air conditioning.

Second, close your air vents downstairs, this will help to get more cool air upstairs. For more boost upstairs, have your handyman install a duct fan ($34 at Home Depot). They look like this:





Third, get an attic fan installed. Most of the townhouse heat is sun radiation on the roof. The attic air gets much hotter than outside air. Have a handyman install an attic fan to exhaust that hot air out. Before I got the fan, I had some success by keeping the upstairs bedroom doors closed.

Fourth, have your handyman seal up any air leaks from doors, window, electric sockets, floor boards and attic panels.

Fifth, to save money get an electronic thermostat that lets you schedule your cooling. This way, the house can stay at 80+ degrees while you are away at work, and then be programmed down to 75 degrees at 5pm when you return.

Sixth -- Window Air Conditioners are an eyesore and are discouraged. If you have exhausted all your other options, you can apply for a temporary waiver from WHFHA to intall one in a window facing the back yard, while you arrange to upgrade your central air unit.

By the way, if you are getting a new central air unit, have the installer create an extra long duct to the large intake vent in the living room. This was done on my new unit, and the fan noise in my living room is very much reduced.

Sunday, February 25, 2007

THIS YEAR'S FEE IS $50 IF YOU PAY EARLY

[WHFHA's membership and board met Feb. 24 and adopted the association fee set out below. The front entrance is to have major landscaping work done this Spring. A yearly fee will be needed to establish and maintain that landscaping and to maintain administration subdivision covenants.]


WINDY HILL FOREST HOMEOWNER’S ASSOCIATION
DUES NOTICE FOR 2007


Payment Due Date: Due No Later Than April 15, 2007
We have landscapers
to pay this Spring, so please get your checks out right away.

2007 Assessment: Fifty Dollars ($50.00) if paid on time.
You get a discount if you pay on time.

2007 Assessments Paid Late: One Hundred Dollars - $100.00!
Actually, the official assessment is $100 but the board is motivating timely payment by granting a discount for fees paid by April 15, 2007.

Make Check Payable to:
Windy Hill Forest Homeowners Association, Inc.

Mail Check to:

WHFHA c/o M. Groves,
PO Box 725167
Atlanta, GA 31139

Hand Deliver Check to:

Slot in Top Left box in USPS Mailbox near 1406 Springleaf


**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 2007 the maximum that could be assessed is $631.

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 attached and is available at www.windyhillforest.com by clicking the “WHFHA documents” link). Instead of assessing $631 for lawn maintenance, the Association is assessing $100 per townhome for the entire 2007 year, and giving early payers a discount down to $50 per townhome. Owners that get their payment in by April 15 can claim the discount. Otherwise the full $100 is due; we need to get funds in this spring to pay for major landscaping work at the front entrance.

By paying the 2007 Assessment, owners are consenting to the Article IX bylaws, including the duty to take proper care of their lawns. If you are an owner that neglects lawncare or insists on having the Association care for your lawn, then please pay $631 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 annual membership meetings 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.]


VERY POSITIVE ANNUAL MEETING

The 2007 WHFHA annual meeting was held at 3:30 pm at the Smyrna Community Center on Saturday, February 24, 2007 after notice was mailed and posted at the front entrance. A quorum was present and the following business was conducted: i) the minutes from the 2006 meeting were unanimously approved, and ii) the following persons were unanimously elected to serve as directors until their successors are appointed -- Haywood Franklin, Rochelle Martin, Susie David, Sandy Vazquez, Rene Lisby and Mark Groves.

Susie David provided a treasurer's report, Haywood Franklin provided the president's report on the year's accomplishments and the coming year's objectives, Rochelle Martin urged the membership to work within their respective townhouse clusters to keep up their properties, Mark Groves started the petition which adopts the Georgia Property Owners Association Act into our covenants, and Rene Lisby gave a very informative report on the pricing for new homes and homeowner fees in Smyrna. Windy Hill Forest is quite a bargain.

A number of important issues were discussed, including street parking problems, driving speeds, mischievous children and the need get Mark's Property Owner's petition signed up in the subdivision so WHFHA can better address some of these problems. Members wanting specific issues to be addressed are invited to bring their concerns to a Board of Directors meeting. Our pattern is to hold meetings on the 4th Monday of each month at 8pm at 1442 Springleaf Circle.

The 2007 Fees were discussed and announced by the Board. The fee is $50 if you pay by April 15, 2007, otherwise the fee is $100. This is discussed more on this blog's next article.

Sunday, January 28, 2007

ANNUAL MEETING NOTICE

3:30pm ON SATURDAY, FEB. 24, 2007 at
THE SMYRNA COMMUNITY CENTER


The above place and time is set as WHFHA's 2007 annual meeting. The meeting is supposed to be in Room #5 on the second floor, but you may want to confirm this with the front desk on the day of the meeting. Continued Beautification is the theme for this year’s annual meeting. We will elect directors, discuss fee policy and seek to amend the covenants so they are updated with the new Georgia Property Owners Association Act.

Postcard notices will be mailed out during the first week of February and look like this:


GEORGIA PROPERTY OWNERS ASSOCIATION ACT

Windy Hill Forest Homeowners Association was created in 1983. Since that time, the Georgia legislature passed a new law to aid and clarify the operation of homeowner associations. All associations created after the new law are automatically governed by it. Pre-existing associations like WHFHA are required to gather approvals from a majority of homeowners to invoke the benefits of the law.

Homeowners associations are essential for protecting a neighborhood from blight. City and County code enforcement is just not enough, as outlined in "Battle over blight," Marietta Daily Journal article from Jan. 22, 2007.

A good summary of the Georgia Property Owners Association Act is published at the Legacy Park homeowners association webpage. A copy of the Legacy Park post can downloaded by right clicking here.

The full text of the law can be seen here.

During 2007 WHFHA will be asking homeowners to sign a document that causes our association to be governed by the Georgia Property Owners Association Act. To see the document to be signed, click HERE.

2006 Wrap Up

THANKS FOR SUPPORTING WHFHA IN 2006.

2006 started with good intentions for resurrecting the Windy Hill Forest Homeowners Association. We reinstated the Association with the Secretary of State. We called a membership meeting for Feb. 28, 2006 with notice mailed to each Springleaf Circle address. The meeting was held with a quorum established and a dedicated group of volunteers were elected as directors.

During the year WHFHA completed erection of the new fence, stained the fence planks, erected signage, had concrete caps poured for the brick fence columns, and even had Christmas decorations. We also called on certain homes to act on maintenance items that may have been overlooked, and those homeowners cooperated.

WHFHA assessed a $50 annual fee to cover entrance maintenance and administration, and received over 75% support from homeowners paying the assessment. Homeowners all over the subdivision are beautifying their property and making Windy Hill Forest an attractive homeowner community. Thanks to all who have been supportive during the year.