Resident Questions and Board answers will be posted here regarding the 2025 Amended and Restated Covenants and Bylaws

 

Q: Use Restrictions: It would be great if HP can achieve economy of scale with only one Trash/sanitation provider for the community. However, the doc states.........." The Board may establish additional rules regarding placement of trash cans for pick-up and/or storage, including requiring trash removal in the Community FROM A SINGLE VENDOR and establishing schedules for trash can placement and trash pickup. " How can HP enforce this when the board is not able to compel all homeowners to become members?

 

A: The Amended Covenants/Bylaws define community as " that real estate which is submitted to the Act and the provisions of this Declaration" so only permanent members would fall under this clause if it is something the board decided to pursue. Non-members are subject to each individual phase of their respective lot covenants/bylaws so they have to follow the rules set forth in those documents.

 

 

Q:Use Restrictions: Use restrictions have been expanded and enhanced including expansion of restriction on pets (reflecting current Cobb County Laws). Upon acceptance and approval of the new documents, will the Board expand enforcement the restrictions (via fines and letters) of those in violation of the restrictions. For example, Old and new doc's state all recreational equipment needs to be in backyard.....(Not opining but just reporting what I read).

 

A: The current board has not made any plans regarding enforcement of clauses in the Amended Covenants/Bylaws since they have not yet passed. However, we do have an established protocol for recording and enforcing violations that will be in use as the board and ACC Director have strived to address violations consistently over the last several years. The Amended Covenants/Bylaws also allow the board to make use of modern day technology to assist in day to day operations, including addressing resident concerns and violations. 

 

 

Q: Leasing: What is the process for grandfathering in our home as a mid/long term rental property?

 

A: Section 10. A. of the new covenants cover leasing and the bold sentence describes what owners must do to grandfather their lot:

"(ii) “Effective Date” means the date that this Amendment is recorded in the Cobb County, Georgia land records.
(iii) “Grandfathered Owner” means an Owner who is lawfully leasing his or her Lot in accordance with the Declaration on the Effective Date. Grandfathered Owners must, within 30 days of the Effective Date, provide the Board with a copy of the Owner’s lease agreement in effect on the Effective Date.
(iv) “Grandfathered Lot” means the Lot owned and leased by a Grandfathered Owner on the
Effective Date hereof, as defined above.
(v) “Leasing” means the occupancy of a Lot by any Person(s) other than:
       (a) the Lot Owner or an Authorized Family Member of the Lot Owner;
       (b) an Authorized Corporate Occupant; or
       (c) a roommate of any person identified in subparagraphs (a) or (b) above, which person identified above also occupies the                Lot as his or her principal, primary and full-time residence. 

 

Please note there is no set "effective date" yet as we cannot submit this to Cobb County until we receive 2/3 of the vote of eligible members and our current covenants do not set a hard deadline for voting.