[Nhhoa] Covenants

[Roger Hackler]

Good Afternoon,

 

As you all may know, the North Hampton Homeowners Association Board of
Directors has been deeply involved in preparing restated governing documents
(Covenants and By-Laws) to present to the membership for vote.  A team of 8
homeowners have reviewed the proposed language presented to us by our
attorneys, and made changes where necessary to keep the "spirit" of the
documents very close to what exists now.  Over 140 man hours have went into
the documents review.    We expect to mail the documents to the homeowners
for vote in the next few weeks.  

 

I have thought long and hard about sending this email, because it contains
personally identifiable information in it.  I finally decided that it was ok
to send it based on 1)  The members names are listed in the membership
directory & 2) it is obvious to everyone who enters or leaves the
neighborhood that there is a severe issue with the particular home.

 

I believe that it is important that the membership knows that your Board is
taking its responsibilities seriously, and is trying to correct the problem.
The main issue is that the Board's ability to correct the problem is
severely constrained by the existing covenants.  The new documents (if
approved by 2/3rd of the members) will correct this.

 

Please see the email chain below which consists of my correspondence with
the Association's attorneys and the attorneys response.  

 

Please keep issues like this in mind when the new governing documents come
to you for approval.  This is only one of several issues that the new
documents will address.  Another major issue addressed will be bringing the
Association under the Property Owners Act.  On the home page of the website
(http://www.nhhoa.org) there is a link to information about the POA.

 

Roger Hackler

Treasurer

North Hampton Homeowners Association, Inc.

 

From: Michael Rome [mailto:Michael at hoa-attorneys.com] 
Sent: Thursday, September 18, 2008 11:32 AM
To: Roger Hackler
Cc: NHHOA President - Amy Figueras; Valerie Cohen; Fred Martin ACC; Walker
Owen; walker.owen at fedex.com; Tom Jackson
Subject: RE: North Hampton Right of Abatement

 

Unfortunately, your covenants were so poorly written that they are the only
ones I have ever seen, which do not contain a provision for 'Right of Entry
and Abatement'.  Normally, an association would have the right to maintain
the Lot and assess any expenses against the owner.  Your covenants do not
have these types of provisions.

 

Michael

 

Rome & Goldin, P.C.                                    

Whitlock Park Center
707 Whitlock Ave., Ste E-15
Marietta, GA 30064
(770) 428-6002
FAX (770) 428-6003
www.hoa-attorneys.com

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  _____  

From: Roger Hackler [mailto:roger.hackler at comcast.net] 
Sent: Thursday, September 18, 2008 11:16 AM
To: Michael Rome
Cc: 'NHHOA President - Amy Figueras'; 'Valerie Cohen'; 'Fred Martin ACC';
'Walker Owen'; 'Tom Jackson'
Subject: North Hampton 
Importance: High

 

Michael,

 

I hope that this email finds you well.

 

We need your guidance on how to address an issue in the neighborhood.  We
have a home, 24 North Hampton Drive, owned by John and Margaret McIntosh,
that has been abandoned.  

 

We have attempted to contact the homeowners through regular and certified
mail to ask them to maintain their property.  Simply put, the front is
completely overgrown and an eyesore.  It is negatively impacting the
neighborhood.

 

We have received no response to our communication, and they have not picked
up the certified mailing.

 

What should our next steps be to get this issue corrected?

 

Please find attached a copy of the letter sent to the homeowners.

 

Thanks for the assistance,

 

Roger Hackler

Treasurer

North Hampton Homeowners Association, Inc.

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