As a town home community it is important for each resident to contribute to curb appeal and to refrain from acts or omissions that diminish the enjoyment or attractiveness of nearby homes. Article IX of our recorded covenants make provisions in this regard and authorize the HOA Board of Directors to issue policies for these purposes. Accordingly, the following Nuisance Regulation is hereby adopted as policy of the Board and is to be added to the “Ten Points” policy summary published by the HOA.
1. Nuisance is a common law tort. It means: that which causes offense, annoyance, trouble or injury. For HOA purposes, nuisance is that which diminishes the value or rightful enjoyment of other property in the neighborhood.
2. The matters outlined here are by no means all possible nuisances, and the Board is free to adopt revisions to this policy from time to time, at its discretion.
3. Any HOA officer or Board Member may notify a member of Windy Hill Forest Homeowners Association of circumstances at the member's property that constitute a nuisance. The offending home is encouraged to address the matter promptly. The Board is to take up the matter at its next meeting in order to adopt enforcement actions, consider settlement terms, or monitor the situation for later action.
4. Examples of nuisances include (but are not limited to):
a) generating noise that violates the Smyrna sound ordinance or is a disruptive breach of the peace (including but not limited to constant dog barking, heated arguments or late night broadcasting of music, song or shouting);
b) attracting feral animals to one's property or to otherwise harbor, feed or shelter such animals (however, bird feeders intended to attract small birds shall not be considered a nuisance);
c) failure to perform regular lawn care or failure to keep one's home appealing and in good repair;
d) failure to make space in one's own driveway for guest parking (and thus relocate one's own vehicle to other appropriate parking locations if necessary); and
e) littering, damaging or otherwise tampering with HOA common area or property of others.
5. Enforcement options. A nuisance offense may result in one or more of the following:
a) the home and its owner are sanctioned by losing any good standing status retroactive to January 1 of the year (with annual dues owed adjusted accordingly);
b) the home and its owner are sanctioned by losing the lawn care privilege, thus the home's dues are assessed at the full lawn care rate (pro-rated based on the calendar year) and the HOA may elect to partially perform the lawn care (or decline to perform) until that fee is paid in full;
c) the home and its owner are imposed with the following insurance requirements: i) a bona fide certificate of general liability insurance which specifically insures the property and its occupants with $2 million in general liability coverage for all claims which may arise from acts or omissions at the home; the certificate is to be provided by an insurer rated “A” or better by the A.M. Best rating service; and ii) a check payable in good funds to maintain a Short-Term Rental Deposit with HOA in the amount of $5,000 as a self-insurance fund to accommodate claims arising from the home's nuisance condition; and/or
d) the home and its owner are made subject to lien claims and to court actions for damages and injunctive relief, with all HOA legal fees borne by the offending home and its owner.
6. This policy shall be promptly published at windyhillforest.com and broadcast to the HOA email list. Owners shall have 21 days from this date to review their own property, identify non-complying conditions and remedy them -- after this initial 21 day period, all homes are subject to enforcement sanctions for noncompliance.
The undersigned HOA Secretary confirms that the above policy was adopted by the HOA
Board of Directors on the 21st day of May , 2021.
Signed: Secretary, Windy Hill Forest HOA
