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.