Blessed Holiday Wishes from WHFHA

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Please Assess Your Property's Upkeep

August 27, 2008


Re: 1400-1505 Springleaf Circle Home Maintenance

Dear Homeowners:

This notice is going out as a friendly reminder that our property covenants call on us to keep our homes well maintained and visually attractive. Some homes are showing signs that they are in need of repair and the WHFHA Board prefers to take this first step of asking each of you to assess your own property and determine if any of these items apply to you:

- Siding, Gutters and/or Roofing components require repair, re-attachment or cleaning
- Driveways are cracked and misshapen
- Windows display window air conditioners (reflecting need for central air repairs)
- Doors or shutters require paint, or repair
- Debris and/or refuse is stored on the property
- Trailers and/or disabled vehicles are stored on the property
- Residents park more vehicles than their driveway will support
- Yard maintenance is not kept up
- Windows have broken seals and require repair and/or cleaning (if you have window seal issues, see the post we have at windyhillforest.com)

Thank you for your attention to these matters.

Sincerely,


Mark P. Groves,
For the WHFHA Board
Ph: 770-989-7345

Windows and Seals

Many of us have windows with faulty seals. The double pane section is normally filled with a special insulating gas that is supposed to be sealed tight. When these seals fail, the gas escapes and is replaced by water vapor and dust. The insides of the panes get cloudy and visibly unattractive.

The fix requires you to carefully remove the window and deliver it to a glass shop (the one I've used is D & S Glass, 580 Cobb Pkwy N, Marietta, GA 30062, (770) 419-9292). The complicated part is that your window is open for a couple of days while the component is repaired. (I fashioned some plywood to fit in the whole during the repair.)

I have good news, we have some extra window sections that can be used as placeholders while the faulty seals are fixed. Email me at whf@1031sage.com if you are interested.

6/28 Meeting: $50 due if timely paid

After notice was given to all 89 homes, the meeting of members was held on Saturday, June 28, 2008 at the Smyrna Community Center with a quorum present -- including 2 homeowners from the extra 8 homes at 1491 through 1505. There was a thorough discussion of how the 8 homes had been built when the ASSOCIATION FOR WINDY HILL FOREST IV HOMEOWNERS, INC. was formed (a separate subdivision with separate covenants) and it has been our assumption that these 8 homes belonged in the separate association. The discussion was very cooperative and an accommodation was reached on the annual fees to be charged the 8 homes. Of these homes that pay by October 1, 2008, a timely payment discount will apply and the total needed to make them current and in good standing will be $50. For homes that do not timely pay, no discount will apply and the full $250 assessment for dues for 2006, 2007 and 2008 will be due. This policy was unanimously adopted at the member meeting along with unanimous approval of all prior minutes and actions by the members, the board and the officers.

The larger part of the member discussion was on homes that are not well maintained and how a large majority of these homes are landlord properties. One of the possible remedies discussed was the revocation of homeowner lawn privileges for noncompliance. This will result in an immediate $662 charge on the home for lawn care, and WHFHA will arrange for care of that property's lawn, and commence lien and collection activity for all unpaid charges. The Board is taking this remedy under advisement. (Members may recall that the covenants called for the association to provide lawn care and the owners were to pay an agreed amount subject to a 5% annual increase - that agreed amount with the increases is $662 for 2008, but the policy has been to charge a discounted fee of $50 in return for proper lawn care by homeowners. The $50 covers care of common areas and administration.)

Another area of great concern was street parking and driving hazards along Springleaf Circle. This is another topic that the Board is taking under advisement.

The members were thanked for voicing their concerns and the meeting adjourned.

Member Meeting: 1:00pm on Sat. June 28, 2008 at the Smyrna Community Center

Below in italics is a copy of the meeting notice that has been mailed out via postcard. A sign notice of the meeting has been posted at the subdivision entrance since June 18.

It has come to our attention that the 8 homes at 1491 through 1505 Springleaf Circle (odd numbers only) are subject to the WHFHA covenants and belong as part of our association. WHFHA has declared assessments of $50 for 2006, $100 for 2007 and $100 for 2008 (with timely payment discounts also being available), but these assessments were not delivered to the 8 additional homes. The Board is proposing to make the same assessment for 2006 through 2008 on these 8 homes, with a substantial timely payment discount. For the homes in this group of 8 that make timely payment, the combined amount due for the 3 years is proposed to be $75. For the homes in this group that delay or ignore, the full assessment of $250 will apply.

A special meeting of members has been called, with notice going to all 89 homes, so we can discuss assessment of the 8 extra homes and so we can ratify all board and member actions to date. A copy of the meeting agenda and prior meeting minutes is available here.


Additional information relating to this meeting is published in the 2 preceding posts to this blog, one may scroll down to see them.

WINDY HILL FOREST HOMEOWNERS ASSOCIATION INC. ("WHFHA")
www.windyhillforest.com email: whf@1031sage.com

NOTICE:Special Member Meeting is 1:00pm on Sat., June 28, 2008 at the Smyrna Community Center (ask the desk for our assigned room)

To: Owners of the following homes on Springleaf Circle:
1400-1474 (even nos.), 1401-1465 (odd nos.) & 1471-1505 (odd nos.)

If you are a tenant, please pass this along to your landlord.

Thank you for your support this year. It has come to our attention that the 8 townhomes built in 1997 at 1491 through 1505 Springleaf Circle were made subject to our covenants and belong as part of our association. We are calling a special meeting to discuss how the Board plans to integrate these homes into WHFHA and to ratify actions taken to date by the Board and the members. More detailed info will be at our website: www.windyhillforest.com

Signed: Mark P. Groves for the WHFHA Board (my phone is 770-989-7345)

SUMMARY OF WINDY HILL FOREST REAL ESTATE RECORDS

With respect to real estate, each of us is deemed to be on notice of recorded instruments that appear in the chain of title records kept by the Clerk of Superior Court. Saying that you don’t recall being told about covenants recorded against your property is not a defense, it won’t work as an excuse, but it can end up costing you thousands in legal expenses when a court tells you the same thing, and you owe legal fees for your attorney and for the homeowner association’s attorney. Windy Hill Forest has covenants in effect for the subdivision, and compliance with them is not optional. Please read them and follow them with a cooperative spirit; a copy is here. A description of how covenants came to be in place for Windy Hill Forest follows.

UNIT I – 1400 through 1433 Springleaf. The Windy Hill Forest subdivision began development in 1983 with lots for 34 homes (lots 1-17 Block A, lots 1-17 Block B, all within Windy Hill Forest subdivision and this section is now known as Unit I). The lots are addressed as 1400 – 1433 Springleaf Circle and they are set out on Plat Book 84, Page 12 of the Cobb County records.

In July of 1983, the developers ENCUMBERED these 34 lots with covenants and recorded the covenants at Deed Book 2833 Page 143. The covenants were revised and restated in 1985 and the revised terms were recorded September 6, 1985 in Deed Book 3634, Page 449 of the Cobb County records. The revised covenants were again declared for the original 34 homes and a duplicate of this revision was recorded a second time in Deed Book 3695, Page 299 of the Cobb County records.

UNIT II – 1434 through 1465 Springleaf. In 1985 development began on the next phase of homes: lots 18 to 33 Block A, and Lots 18 to 33 Block B (together known as Windy Hill Forest Unit II). The lots are addressed as 1434 – 1465 Springleaf Circle and they are set out on Plat Book 102, Page 99 of the Cobb County records.

On September 24, 1985, the developers ENCUMBERED these Unit II lots with the same revised covenants mentioned above. The document that pulls these lots into the covenants is recorded at Deed Book 3657, Page 259 of the Cobb County records; the legal description matches the boundary of the 32 lots of Unit II as set out in Plat Book 102, Page 99 mentioned above.

UNIT III – 1466 through 1474 Springleaf (even numbers); 1471 through 1489 Springleaf (odd numbers); Lots 44 through 51 Block A, Unit III (not developed in 1987). In 1987 development began on the next phase of homes: lots 34 to 51 Block A, and Lots 34 to 38 Block B (together known as Windy Hill Forest Unit III). In 1987 the lots were addressed as 1466 through 1474 Springleaf (even numbers) and 1471 through 1489 Springleaf (odd numbers) with Lots 44 through 51 Block A, Unit III remaining unbuilt. These lots are set out on Plat Book 115, Page 47 of the Cobb County records.

On July 30, 1987, the developers ENCUMBERED these Unit III lots with the same revised covenants mentioned above. The document that pulls these lots into the covenants is recorded at Deed Book 4583, Page 116 of the Cobb County records.

UNIT III – 1997 Development of Lots Lots 44 through 51 Block A
Also known as 1491 through 1505 Springleaf (odd numbers)

In 1997, the remaining 8 lots of Unit III were built and the revised survey laying out these lots expressly confirmed that the lots were subject to the recorded Covenants for Windy Hill Forest Homeowners Association, Inc. (see Plat Book 169, Page 31 of the Cobb County records). However, by 1997 WHFHA had become inactive and in 2006 when it re-activated, these lots were omitted from the list of participants in WHFHA. It had appeared that these lots belonged to the separate subdivision known as Association for Windy Hill Forest IV Homeowners, Inc.


All of these book and page numbers can be verified online at the Cobb Superior Court search page (http://www.cobbsuperiorcourtclerk.org/searchbookpage.asp). If the item you seek is a plat, be sure to change the "Book Type" to "Plat Book."

June 2 Board Action: Amended Bylaws, Call for Member Meeting

At our June 2, 2008 Board of Directors meeting, we needed to address newly discovered information -- our Association has 8 additional homes. Instead of having 81 homes, we actually have 89. 81 homes were built as of 1987 and that list of homes has remained our working list (they are 1400 through 1466, 1468, 1470, 1471,1472, 1473,1474, 1475, 1477, 1479, 1481, 1483, 1485, 1487 and 1489). In 1997 Unit IV of Windy Hill Forest was built and they formed their own association. 8 of the homes built in 1997 (odd numbers 1491 through 1505 Springleaf Circle) were not put in the new association and were actually acknowledged to be in our association -- however, WHFHA was dormant and its records did not reflect an addition.

The 1997 Plat of Survey confirming the 8 homes as subject to the WHFHA covenants is here. This plat was recorded before the 8 homes were built, and the purchasers of the homes are subject to matters of record -- specifically the covenants for Windy Hill Forest Homeowners Association Inc. The bottom left is where the covenants are confirmed, which is excerpted below. It says "THIS SUBDIVISION IS SUBJECT TO PROTECTIVE COVENANTS RECORDED IN DEED BOOK 3695 PAGE 299 DATED 10/22/85 AS AMENDED." That is a reference to our WHFHA covenants.




As a result of this information, the Board is calling a member meeting to discuss its recommendations for bringing these lots into the association. Also, the board has amended the bylaws to state the 89 homes that make up the subdivision and to amend Article VII to simplify enforcement procedures for homes that are delinquent or otherwise not complying. The amended bylaws are here.

Discount Deadline is May 31

Today, reminder notices were sent out to the homes that remain unpaid on 2008 dues. The assessment is $100, but a discount down to $50 applies for payments made before June 1. We will treat mailed payments as received on the day they are postmarked -- so get your payment in the mail or get it into the WHFHA mail slot in the USPS mailbox near 1406 Springleaf.

LOOK FOR NORMAN

One of our original homeowners from 1987 is Norman Scott at 1465. He has been a landscaping angel and is a trustworthy local person available for your lawn care. You've probably seen him on his riding mower attending to a neighbor. Townhomes are on notice that neglected yards will result in a $662 Association fee (and WHHA will arrange to care for the lawn). One of the neglected townhomes took the $662 notice to heart, and hired Norman today. So look for Norman or email him at nlscott48@aol.com

LIKE LAST YEAR, THE FEE IS $50 . . . . . . PLEASE PAY BY MAY 31, 2008

[WHFHA's membership and board met March 8 and adopted the association fee set out below. 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 2008

Payment Due Date: Due No Later Than May 31, 2008


2008 Assessment: Fifty Dollars ($50.00) if paid on time.
You get a discount if you pay on time.

2008 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 May 31, 2008.

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 2008 the maximum that could be assessed is $662.

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 $662 for lawn maintenance, the Association is assessing $100 per townhome for the entire 2008 year, and giving early payers a discount down to $50 per townhome. Owners that get their payment in by May 31 can claim the discount. Otherwise the full $100 is due.

By paying the 2008 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 $662 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.]