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."
Tuesday, June 24, 2008
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.
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.
Thursday, May 22, 2008
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.
Wednesday, April 23, 2008
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
Tuesday, April 22, 2008
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.]
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.]
WINDY HILL FOREST HOMEOWNER’S ASSOCIATION
DUES NOTICE FOR 2008
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.]
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.
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.
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.
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