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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.
2.
References.
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.
4.
Responsibilities.
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.com>. 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.
//signed//
Charles A. Ralston
Board Member and President
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