Memo from the HOA President
Glenleigh Homeowners Association
P.O. Box 916
Mableton, GA 30126
< www.glenleigh.com >
23 January 2004
SUBJECT: Covenants Responsibilities and Glenleigh Homeowners
1. Purpose. To inform Glenleigh homeowners about Covenant obligations.
a. Declaration of Covenants, Conditions, and Restrictions for Glenleigh Homeowners Association (hereinafter ‘the Covenants’)
b. By-Laws of Glenleigh Homeowners Association, Inc.
3. Background. The Glenleigh Subdivision, built by real estate developer John Wieland Homes, Inc. (hereinafter Wieland), in the mid-1980s, is what is commonly known as a “restricted covenants” neighborhood. The fundamental goal of restrictive covenants in such a community is to provide a means by which homeowners preserve property values and keep their neighborhood attractive for themselves and for prospective home buyers. To achieve this end, Cobb County’s Zoning Board and Commissioners require that every Glenleigh homeowner be bound by the Covenants (reference 2a above) and that Glenleigh have an administrative organization, the Glenleigh Homeowners Association (hereinafter the Association or GHOA), with a Board of Directors (hereinafter the Board) whose primary objective is to ensure that homeowners comply with the Covenants, and that the Glenleigh Commons Property is maintained in the same manner. The Covenants, a public document registered with Cobb County Superior Court Clerk, became effective 16 August 1985 – Glenleigh’s birthday so to speak. To strengthen the effectiveness of homeowners associations in achieving their goals, in 1994, Georgia enacted into law the Georgia Property Owners’ Association Act (reference 2b above), which law reinforces the powers of (in our case) GHOA’s Board.
Until the last of Glenleigh’s 91 homes was sold, Wieland controlled and was responsible for GHOA, whose Board comprised Glenleigh homeowners. In 1991, however, GHOA became an independent organization served by Glenleigh homeowners who have volunteered their time and talents over the years to serve on the Board and the Board’s appointed committees. Glenleigh has matured these past 18 years and has witnessed much change. Its Commons Area has undergone a couple of face lifts, its roads have been resurfaced once, and what were once sticks in fresh soil are now trees. Many of the children that frolicked in our swimming pool summers past have graduated from university and are themselves now homeowners in another neighborhood. Such tradition is to be maintained and will be if we homeowners take responsibility for and attend to the covenants we agreed to when we purchased our home in Glenleigh.
a. Homeowners. Maintenance and repair of house, driveway, parking area, fences, and grounds to include landscaped vegetation is the sole responsibility of the homeowner who shall maintain such property in accordance with the Covenants and any community-wide guidance promulgated by the Board.
b. The Association. Maintenance and repair of the Commons Property (also known as the Commons Area) to include all structures, parking lot, fences, landscaped vegetation, and utility infrastructure (plumbing, electrical, sewer, irrigation, etc.) is the responsibility of the Association. The Association also is responsible for upkeep of the Glenleigh entrance-exit area, to include the traffic island that separates entrance and exit, and the Glenleigh entrance signs.
5. Modification Review Committee. In accordance with authority granted to the Board in the governing document referenced above, the Board has appointed a Modification Review Committee (hereinafter the MRC) whose primary duty shall be to monitor the external design, appearance, location, maintenance and repair of all houses within Glenleigh, to include parking areas and driveways, and all landscaping modifications in accordance with the provisions of the Covenants. Members of the MRC are Glenleigh homeowners who have volunteered to serve the Board in this capacity. In carrying out its duties, the MRC shall review all requests for modification by applying procedures, standards, and design guidelines as set forth in the Covenants. The MRC shall keep records of all homeowner modification requests indefinitely.
6. Document Availability. Attached, is a copy of the Covenants. Each homeowner received a copy of this document at ‘closing’ when purchasing his or her property, and signified that the Covenants had been read, understood, and agreed to. No one, including this homeowner, recalls having read the Covenants prior to, let alone during the ‘closing’ procedure. Nevertheless, it is important for you the homeowner to read and comply with this document. Please contact any member of the Board or member of the MRC if you have questions. Please keep the Covenants with your other important household documents. The Covenants are available also from our Glenleigh website <www.glenleigh.org>. For a fee (currently $0.25 per page), copies of the Covenants will be provided by the Cobb County Superior Court Clerk, Real Estate Division, 10 East Park Square, Marietta, GA 30090; telephone (770) 528-1300
Board Member and President