CVHA Website Update, June 22, 2013 From November 12, 2012 to the present. Includes the Annual Association meeting and Annual Board Meeting.
Correction, June 21, 2013
In the HOA Fee mailer sent out to all home owners it says, “Covenants require a 75% majority to pass an amendment and out of 87 lots that means 68 votes are required.” Actually 66 votes are required for passage. CVHA apologizes for this error.
CVHA HOA 2013 Fee Statement Has Been Mailed, June 17, 2013
The statement for 2013 should be received in your mailbox by Saturday June 22nd. Payment is due July 1st and past due after July 31st. The HOA Annual Fee remains $125, only $10.42 per month when creating a budget. CVHA volunteers are your fellow homeowners working for free. None of us want the additional burden of playing bill collector chasing down money. Your timely payment or phone call to discuss other arrangements is greatly appreciated!
Presidents Message, June 10, 2013
Please click on the President tab to view this important message!
Voting Amendment Update, June 5, 2013
The President has told the other Board Directors that he will pursue this when CVHA has 77 fully paid accounts available for the vote (only 10 accounts can be past due).
Treasury Update, June 1, 2013
Of the five liens pending two were paid leaving us with three remaining. CVHA now has 15 accounts past due.
Voting Amendment Put on Hold, January 15, 2013
As noted in the treasury update we don’t have enough available votes to pursue this. CVHA has put this project on hold.
Treasury Update, January 15, 2013
CVHA has 25 unpaid accounts making this the worst year ever for this administration. CVHA is unable to pursue a vote for any measure since that leaves us with 62 available votes but 66 are required to pass anything.
Annual Board Meeting, November 12, 2012
LET THE RECORD SHOW, the meeting began at 7:47 PM and all Board Directors were present. Two homeowners and 6 CVHA volunteers were present.
The Treasurer stated that CVHA has requested legal counsel to file liens on four lot owners for past due Association Fees.
The President made a motion to proceed with two amendments to the By-Laws; the first allowing all lot owners with an unpaid account to retain their right to vote on any measure and the second to change the quorum requirements for passage to a simple 51% majority. The Treasurer seconded the motion, a vote was taken, all Board Directors voted yes. The President will proceed with getting everything prepared for the homeowners to vote on this measure during the 2013 spring season.
The Secretary provided a list of services provided by the Commons Committee for the purpose of creating a yearly budget of pre-approved miscellaneous services allowing the Commons Committee to acquire these services without seeking approval for each individual item in advance for the expedient convenience of the volunteers serving and our service providers. There was not enough information for the Board to make a motion on the budget at this time. This topic was been tabled.
LET THE RECORD SHOW, the meeting ended at 7:50PM.
Annual Association Meeting, November 12, 2012
The meeting began at 7:10PM with all Board Directors in attendance. 4 homeowners attended and six CVHA volunteers for a total of 10 people.
The President stated a disappointment with attendance due to the upcoming measure to amend covenants and the poll response showing 10 votes were undecided. This meeting was a great opportunity to discuss the amendment with the Board and fellow homeowners to help them understand why this is being pursued.
The President then proceeded with the meeting topics as listed in the notice of meeting sent to all homeowners.
The President presented an ACC event with a homeowner that began about mid-February of 2012. Another homeowner reported a lot for being in violation of the ACC due to changing the color of their house. At the time this project had not been completed yet it was clear that completion could occur within a 24 hour period if the homeowner were to pursue that. Due to the legal snafu contained within the ACC section of our covenants, completion of the project would nullify all rights of CVHA to enforce compliance. CVHA can retain these rights provided an injunction is filed prior to completion. Unfortunately doing so is expensive, $1000 in legal fees, and also the beginning of a lawsuit upon the property owner. The difficulty was deciding how to best proceed in a way that would allow CVHA to retain those rights without creating offense to the homeowner or inspire the homeowner to complete the project in an attempt to nullify the rights of CVHA. The Board was pushing for filing the injunction. The ACC was against such action because it would likely put the homeowner on the offensive making any discussion of compliance with the homeowner unnecessarily difficult. The Board did not proceed with the injunction due to a request by the ACC President to not take action. It is also important to note that the homeowner reporting the violation does not reside near the offending lot and no complaint had been received from any direct neighbors of the offending lot.
Because the ACC section was broken, excessive time was spent by all volunteers to determine what the next step should be at every juncture of the process. Unlike a business where each person is committed to pushing forward the agenda of the company 8 hours a day, volunteers provide their time in a way that conveniently works within their daily lives and that causes delays at each step of the process. First the complaint has to be investigated. Then possible action by the ACC discussed. In the meantime the President contacted legal counsel to file an injunction only to discover the seriousness and excessive legal expense of such action which led to more discussion amongst the Board concerning the legal fees and discussion amongst ACC members concerning the negative impact an injunction would have on seeking compliance from the homeowner. From the filing of the complaint it took about 30 days for the ACC President to arrive at the homeowner’s doorstep only to discover that the project had been completed. As stated prior, no homeowner directly in view of this house had complained and fortunately completion had a positive impact on accepting the color as chosen. This journey had come to an end.
With a properly functioning ACC section that fully retains the rights of CVHA, the ACC President would have arrived within a week to discuss the situation and seek a resolution. No involvement by the Board Directors would have been required nor any advance legal expenses to retain CVHA rights. This Association needs to fix or remove the ACC section for the benefit of CVHA volunteers and the covenants they are legally obligated to uphold. For that to happen, CVHA needs to amend the voting requirements of By-Laws to easily remove or repair the ACC section.
With that the President proceeded to present the Voting Quorum amendment, as presented at the 2011 Annual Association Meeting, which will change the requirement from 75% to a simple 51% majority for passage of any future amendment. This led to the discussion of the next topic about the recent discovery that successful passage will also require another amendment changing lot owner eligibility for casting a vote. One simple version removes the requirement of a paid in full account to be eligible and all 87 lots of this association are eligible to vote. The other requires a paid in full account for eligibility; paid in full accounts then become the total number of votes available. If there are 50 paid in full accounts at the time of the vote then 51% equals 26 votes required for passage; if there are 70 paid in full accounts at the time of the vote then 51% equals 36 votes required for passage. Homeowners present naturally preferred the requirement of a paid in full account. This led to further discussion that this proposal would be more difficult to pass because it is unlikely those homeowners with past due accounts will support an amendment that removes their own eligibility to vote. This would not be helpful to meeting the extremely difficult requirement of 75% for passage. Another vote was taken and all agreed the Board should pursue the simple version of removing a paid in full account for voter eligibility.
The President opened the floor for the discussion of any topic.
The President presented a topic from another homeowner that could not attend but sent an email request. Solicitors doing business in the neighborhood, specifically of the religious variety, was presented to the Association. Many in the group stated that while an HOA can post a “No Solicitors” sign at the front entrance it is not an action that can be legally enforced by the HOA or an individual homeowner. The group felt strongly that if such a sign or better yet, a “No Trespassing” sign, is posted on an individual property then that individual homeowner can call the police for enforcement. The President recalled being told that only a gated community can legally enforce a posted “No Solicitors” sign. Ultimately no one knew for sure where the law and legal enforcement stands on this matter and the President said he would contact legal counsel and report his findings.
Another Homeowner discussed all the reasons they have for removing the ACC section from covenants. At the end the President stated that they had shared the same feelings at the 2010 Annual Association Meeting and this was documented on the website and within The Minutes. The President stated that while he understood their position this was not a constructive time to pursue further discussion because correction or removal of the ACC section was still one to two years away. It was explained that amendments take about a one year cycle to process and the amendment on voting requirements is the current focal point. The homeowner was invited to return and be part of that ACC discussion when the time arrives to pass the amendment.
No more topics were presented for discussion.
The President ended the meeting at 7:44PM.
New Postings, October 8, 2012 Sign posted at front entrance reflecting new postings from June 10th thru October 7
Annual Newsletter Mailed, October 7, 2012 Homeowners will be receiving the Annual Newsletter and notice of meeting October 10-12 in your mailbox.
Annual Association and Board Meetings Date Announced, October 6, 2012 7:00 to 9:00 PM, November 12th, 2012
Collins Hill High School Choir Room
Change of Annual Newsletter Format, September 31, 2012 The Annual Newsletter provides numerous functions; one is to provide the required 30 day notice for the Annual Association and Board Meetings, the second is to report on CVHA activities over the past year, and the third is a financial report for CVHA. This administration has been providing transparency via the CVHA website with timely updates. Part of this procedure includes putting a sign at the front entrance announcing new postings to the website.
Nonetheless, about half the homeowners will not visit the website yet the website remains the most efficient and effective way to report on CVHA activities in a timely manner. The President considered providing a print out of website postings as part of the Newsletter but discovered that would be 15 pages of material. If you are unable to view the website and require a print out please contact the President, Richard Fisher, at 770-815-1938.
Amendment to Change Voting Requirement Update, September 26, 2012 The billing for this year included a section for homeowners to let us know how they would vote on this measure. 2 undecided votes requested a discussion with CVHA. Some may note that elsewhere on this site the majority requirement is stated as 68. That is an error just discovered. The correct number is 66. The response was:
1 no response
Using sampling, 30 yes votes represents 62.5% which means out of 87 lot owners we can reasonably expect about 54 yes votes, 12 less than the 66 votes required. The majority of undecided votes would need to vote yes for passage. As noted in the Treasury Report, 30 lot owners have an account past due which means they will not be eligible to vote, yet covenants provides no solution to counter this problem. If the vote were taken today and it was unanimous it still could not pass because there are currently only 57 eligible votes.
CVHA needs to modify the amendment to include language changing whether or not a homeowner is eligible to vote. This will be the primary topic of discussion for the Annual Association Meeting scheduled for November. Click on the President Tab for more information.
Treasury Update, September 24, 2012 Per Suzanne Kriner, 30 homeowners have not paid the 2012 HOA Dues. Of the 30 past due, 5 homeowners are past due for 2 or more years. These 5 homeowners were sent a Statement of Account June 2012 and have been notified numerous times. CVHA will be filing liens this year on those 5 homeowners.
Contact Page Updated, September 16, 2012 The contact page has been updated to reflect the current administration.
Front Entrance Vandalized, September 15, 2012 Dave and Chris Morehead discovered the lock box for AC power at the front entrance had been broken into and all breakers turned off. The culprit(s) simply cut the tang (the part that sticks out where you put the lock) to get the lock off. The good news is there was no other damage and the box was repaired inexpensively.
Breedlove’s Lawn Care to Maintain Front Entrance, August 10, 2012 The CVHA Board of Directors have accepted a new contract with Breedlove’s Lawn Care to maintain the front entrance. Chris Morehead has spent some time with Gregg Breedlove discussing front entrance maintenance and feels positive about this young man and his passion to grow the business! Whether you are a homeowner, another HOA or a commercial property, Gregg would like a chance to discuss his services. Office 678-859-0972 / Cell 678-859-4973
Keels Lawn Service Comes to an End, July 26, 2012 The Keels have been taking care of the front entrance for 8-10 years as best Tim Keel can remember. As far as I know past administrations were satisfied with their services and this administration is no exception. The Keels are getting older and they decided it was time to let the lawn services go. Rather than simply announce an end of their services and leave their customers hanging, they found another company to perform them. For the last 2 months Breedlove’s Lawn Care has been performing the services under the Keels umbrella and we did not know the difference! The Keels have will be pouring their energy into their love of motorcycles and relatively new business, Keel Brothers Motorcycle Tires, in Lawrenceville. CVHA wishes them the best on their new business! Visit them at http://www.twobrotherstires.com/
2012 Association Fee and Poll, June 10, 2012 Billing for the Annual Association Fee should be received in your mailbox either Thursday the 14th or Friday the 15th. Part of this mailing includes a poll to determine how much support we have from the homeowners to amend the voting requirements of CVHA covenants. We look forward to your timely payment and poll response!
New Postings, March 4, 2012 Sign posted at front entrance reflecting new postings from January 1st thru February 25th
Front Entrance Repairs, February 25, 2012 While the Board authorized replacement of the median light fixtures our service and maintenance pro, Mark Hinshaw of Get Er Done, was not convinced this was necessary. After inspection he suggested both a mechanical and cosmetic refurbishing of what we have instead. The only issue discussed at the Board Meeting was the premature failure of replacement lights and water was getting inside the fixtures. Based on that the President had Mark perform the mechanical refurbishing only. The Commons Committee will let the Board know how they hold up going forward.
CVHA - Stuck in 1987, February 24, 2012 Due to the voting requirement of a 75% / 68 vote majority as set forth by covenants to pass any amendment, it is highly difficult for CVHA to change and evolve to meet the needs of the current homeowners currently living in this community. Our covenants have us stuck in 1987.
Due to the unanimous approval of all those attending the 2011 Annual Board Meeting the Board will be working this year on passing an amendment to change the voting requirement to a simple majority of 51% / 44 votes. We look forward to working with homeowners to understand and pass this very important amendment to our covenants.
Weed and Feed Service Begins, February 22, 2012 This service was authorized at the 2011 Annual Board Meeting and the front entrance has received the first treatment. CVHA looks forward to the general improvement this will bring to the area.
Pine Straw Maintenance of Front Entrance, February 13, 2012 Our annual application of pine straw to control erosion, weeds and beautify the area was installed.
A Huge Thank You To Volunteers From the President, February 10, 2012 Usually my comments appear as The Presidents Message under the President tab. This month that message has all the details about repairing the ACC and why changing voting requirements has to be the first step to getting that resolved.
I wanted a special post on this general tab to recognize all the volunteers of CVHA and the continued support of the homeowners. Two years ago it seemed as if CVHA was going to fall apart yet the exact opposite occurred. CVHA has received more volunteer support than it has for many years. Things seemed shaky for a while during 2011 but here we are in 2012 with a fully staffed ACC and CVHA Board. Suzanne Kriner volunteering for Treasurer gave me a huge sigh of relief! All of you have inspired me to continue as President and keep moving forward with stabilizing CVHA.
The greatest administrative achievement over the last 2 years has been acquiring a full understanding of our covenants. While many of our discoveries have not been pretty we are no longer operating based on what we think they said or mean and the truth has been liberating. Yet during that process we also discovered many beneficial aspects to our old covenants that have been eliminated in modern covenants. With this fresh outlook we have a solid grasp of what needs to get amended in our covenants for a smoother running and more efficient HOA that reflects the current needs and desires of the majority of the community.
New Board Director / Treasurer, February 4, 2012 Suzanne Kriner is officially our newest Board Director and will assume the office of Treasurer. All CVHA volunteers are grateful she stepped forward because the Board was seriously considering hiring a management company to take over the Treasury which would have easily doubled our very inexpensive Association Fee. Thank you Suzanne!
Split Payment Notices Delivered, February 4, 2012
These notices were hand delivered to homeowners mailboxes today. The time frame for the second payment was setup for January but CVHA was running behind on the notices so the past due date was moved up to February 29.
Change of Board Director / Secretary, January 19, 2012 Lee Ann Sipe has resigned as Board Director and Secretary. Lee Ann stepped forward in January 2010 to volunteer for the second time as a Board Director. Lee Ann first served and assisted with the construction of the marquee signs at the front entrance over a decade ago. The volunteers wish her the best and are grateful for the experienced input and direction she provided.
Dave Morehead has replaced her in both capacities effective on the same date. Both Lee Ann and CVHA are grateful he stepped forward and volunteered.
2011 Annual Board Meeting, January 18, 2012
(NOTE: Although the meeting took place in 2012 it was rescheduled from October 19, 2011 and remains the 2011 Annual Board Meeting as required by covenants)
The meeting began at 7:05PM. 15 people attended representing 11 lots. Three lot owners were CVHA volunteers. The two remaining Board Directors of CVHA were in attendance.
The President suggested the meeting begin as a closed session allowing the Board to complete prior business while allowing more time for additional homeowners to arrive.
The President stated numerous discussions had already taken place concerning the Weed and Feed program for the front entrance and that most of us seemed to agree to it. The President made a motion to acquire the service, Lee Ann seconded the motion, the motion passed.
The President stated numerous discussions had already taken place concerning resodding the front entrance and most of us agreed not to do it. The President made a motion to remove this topic from Board consideration, Lee Ann seconded the motion, the motion passed.
That ended prior business and the floor was opened to discuss a number of topics.
The President began with the need to hire an HOA management company. If the Board proceeds the Association Fee will be increased another $125-150. One homeowner asked if this would include policing the area and it did not. Policing was then discussed and the overall opinion was against such a service. The President did state this service comes at additional cost and all the Board was seeking was the least expensive option for the sole purpose of managing the treasury obligations of CVHA. He also said that no one had volunteered to assist him so this was becoming a pressing matter and quickly presented the basic obligations of Treasurer or President. An open discussion between a homeowner and the President began over the duties of the Treasurer and when it ended Suzanne Morgan volunteered to become a Board Director and assume the office of Treasurer. With this surprise the President proceeded to present the homeowners to David Morehead who had also offered to become a Board Director and assume the office of Secretary. With that it was announced Lee Ann Sipe would be resigning as Board Director and Secretary effective the following day, January 19th.
The President proceeded to discuss assuming ownership and/or maintenance of the backyard portion of two properties on Radner Run. The President said it was brought up again because of poor attendance at the Annual Association Meeting and he wanted to ensure the Board was getting proper feedback on this proposal. Two major points surfaced during this exchange. The first is many felt if the Board were to take on this responsibility then that action would be used by homeowners to apply pressure upon the Board to take on more homeowner maintenance issues. The second was more people would be willing to support this proposal if CVHA purchased those sections instead and the President pointed out that CVHA cannot afford that option. The President took a vote to see how many would approve of the proposal if the details can be ironed out to maintain it and the count was 4 approvals. More discussion took place over a lack of clarity yet even after that only one more approved. Due to lack of support the President stated this proposal would be removed from Board business.
The President discussed the ACC section and the need to fix it or remove it. The main concern is that after having discussed this multiple times the President was skeptical that neither removal or repair would successfully pass due to the voting requirements of CVHA and there is a great deal of effort involved to acquire passage of any amendment to the covenants.
The President presented all attending with a new proposal to change the voting requirements of CVHA. Covenants require a 75% majority to pass an amendment and out of 87 lots that means 68 votes are required. Statistically about 15 lot owners will not respond leaving 72 voting lot owners participating and all it takes is 5 to block passage. Under these realistic conditions passage looks far more like a unanimous vote requirement. The President said the bottom line is CVHA has been stuck in covenants prison since 1987 and cannot adapt or evolve to the desires of present or future homeowners due to the voting requirement. The President proposed a simple 51% majority reducing the total required for passage to 44 lot owners. A discussion ensued over HOA variations of voting requirements along with loop holes that may already exist that would make passage easier with what we have. In the end none cared for the variations and the President stated there were no loopholes to get around current requirements. The President took a vote of all attending and also by lot, discovering unanimous support by either vote to pursue changing the voting requirement. The President stated that under such conditions he was inspired to move forward and take on the burden this year of pursuing the 68 votes necessary to get CVHA out of covenant prison.
The President asked if there were any other topics anybody would like to discuss. Chris Morehead of the Commons Committee stated the median light fixtures were having problems and after much discussion the Board and many participants agreed it was way past time to replace them and also consider LED lighting for that location. CVHA will be proceeding with this maintenance expense.
The meeting ended at 8:10PM
New Postings, December 10, 2011 Sign posted at front entrance reflecting new postings from October 19th thru December 10th
New Notice Signs for Front Entrance, December 10, 2011 You are probably reading this because of the new sign at the front entrance announcing new postings at the website. This was suggested by Commons Committee volunteer Chris Morehead after the President discussed getting a sign to announce Board Meetings; Thanks Chris for the great idea! Hopefully the Board Meeting sign will help improve meeting attendance by the homeowners. The first test of this hypotheses will be in January. You will be receiving a notice for the Annual Board Meeting (which had to be re-scheduled) and we look forward to your attendance.
Board Director Resigns, November 16, 2011 Brenda Neal has tendered her resignation as Board Director. This leaves an open position on the Board. Please contact the President Richard Fisher at 770-815-1938 to volunteer!
Additional Driveway Settled, November 4, 2011 Both parties have agreed to a settlement and the discrimination complaint has been withdrawn. The additional driveway will remain. This settlement does not infer nor imply a change in ACC policy concerning additional driveways and county code alone prevents nearly any lot owner from qualifying for a permit to do so. For very important information about this case and the legal obligations of CVHA in this matter (and any other concerning the covenants of this association) please click on the President’s Message tab.
CVHA Treasury Update, October 30, 2011 If you recall from the 2011 Newsletter one of the lot owners was in arrears for a judgement of about $3600 and past due for two Association Fees and Late Fees. CVHA has accepted a settlement of this account to the benefit of both parties and wish the lot owner the best of luck in their journey.
This settlement brings the Judgement/Liens account to zero. However, CVHA may soon be processing liens on six lot owners for unpaid 2010 and 2011 Association Fees and Late Fees in the sum of $1680, not including the additional charges that will be added to these accounts for legal fees. Final notice of this action and an opportunity to avoid additional charges has been delivered to the lot owners.
Four lot owners have not paid the 2011 Association Fee and a $25 Late Fee has been applied to their accounts. Final notice was delivered at the beginning of October. If you are one of these lot owners please contact the Treasurer Richard Fisher at 770-815-1938 to discuss settling your account.
New ACC Member, October 20, 2011 Michele Lindee has volunteered for the ACC bringing us back up 5 members and also took on the role of Secretary. Thanks Michele!
Annual Board Meeting, October 19, 2011 The President was in attendance but the meeting had to be canceled due to unexcused absences of the other two Board Directors. This meeting will be rescheduled and you will receive notice by mail.
Annual Association Meeting, October 19, 2011 26 homeowners requested reservations for 44 people. The meeting began at 7:15PM. 5 homeowners attended for a total of 6 people. 2 homeowners are volunteers leaving 3 homeowners attending who are not directly involved in CVHA. President Richard Fisher was the only Board Director in attendance.
The President stated that to continue the Association Meeting would require one of the participants to be a witness and sign The Minutes. David Morehead volunteered and the meeting proceeded as planned.
The President discussed modifying the ACC. Due to poor attendance of homeowners not directly involved in CVHA no vote was taken to get feedback on the measure. The President stated that implementing this process carries a heavy burden for the volunteers and was skeptical that removal or repair of the ACC section would get the required 68 votes to pass. If CVHA proceeds, then the By-laws will be included as part of the effort because that is more likely to pass since it does nothing more than clean up what we have along with a few minor modifications to address some of the problems that came up during our administration. Stated differently, if CVHA proceeds you will be receiving a voting card for three measures; removal of the ACC section, pass the modified ACC section, and pass modified By-laws. There was no response from the group on this topic.
The President discussed hiring an HOA management company to oversee the Treasury stating such a measure would easily double the current Association Fee. There was no response from the group on this topic.
One homeowner asked about the $300 loss on the debit card due to theft. The President explained that the charges were against other currencies and that CVHA had been fully reimbursed based on the exchange rate at the time the credit was issued. Being a debit card CVHA could nothing more.
The Floor was then opened for homeowners wishing to volunteer. Michele Lindee volunteered for the ACC and also volunteered for the office of ACC secretary. This brings the ACC back up to 5 members and a big thanks to Michele for joining CVHA. Unfortunately no one attending came to volunteer for Treasurer and the President stated that makes hiring an HOA management company more likely.
The floor was then opened to questions.
One homeowner sought clarity on the duties of the ACC. The President stated that this administration has chosen to let each homeowner be responsible for reporting violations in their immediate area due to a past poll of the members (President’s Message, August 21, 2010).
This homeowner also sought clarity of the ACC role concerning the maintenance and upkeep of properties. The President stated that the ACC only affects changes to the landscaping and exterior of the home. There is nothing in the covenants beyond that, but these concerns may be covered by the Gwinnett County Clean and Beautiful Act. The President suggested reporting the violation directly to county authorities, or provide an ACC Violation form and the ACC can report the violation instead. The President added that while verbal complaints are common the ACC has not received any ACC Violation forms. The homeowner astutely observed that under these conditions the ACC is playing nothing but middle man and a homeowner would get quicker results reporting the violation directly to county authorities. The President reassured him and the group that with either method the identity of the person filing the report is kept confidential.
The President tried to contact the Secretary several times during the meeting to no avail.
The President stated that the Annual Board Meeting would not be able to take place without at least 1 more Board Director present but he would nonetheless present the group with the topics and open the floor to discussion.
The President shared the trials and tribulations of resodding a portion of the front entrance which led into the weed and feed program. The President was told the weed and feed program was the best overall and least expensive solution by the Keels who handle the landscaping and an outside provider of the program. The group appeared to agree with that conclusion and it is likely the board will pass a resolution for the weed and feed service.
The President discussed the maintenance of the backyard Radner Run portion of 2 properties on Becton and the difficulties in reaching an agreement with both. One of the homeowners asked if the Board had the authority to pass this measure without consent of the homewners and the President said yes. Another homeowner stated that if the board is willing to do that then he would like part of his property maintained as well. Another homeowner joined in stating she would like the backyard of a property across the street from her maintained as well. Both ended up stating that this is the responsibility of each homeowner and the board should not take on the maintenance of any property beyond the commons areas. The President stated their comments had been noted.
One of the homeowners then showed frustration over the driveway dispute, that CVHA was one and half years into it, why was it taking so long, how much more is it going to cost and when was it going to end. The President stated he could not discuss the case. The homeowner in violation was in attendance and proceeded to make a number of statements about the case. The President stated he was surprised the homeowner shared what he did but nonetheless, the President could not discuss the case. The frustrated homeowner asking the question did not understand why that would be. The President proceeded to read the official CVHA response contained in the Newsletter, as follows:
“The legal case concerning the additional driveway has not been resolved, the owners involved have filed a complaint against CVHA with the state, CVHA settlement offers have been rejected, and the legal process continues. Per CVHA legal counsel the time line for another CVHA decision on this matter will not occur until the state investigation is completed, sometime between December 2011 and February 2012. There is nothing more CVHA can share since all of this is still pending.”
“CVHA spent $3566.95 in fiscal 2010/2011 for legal fees over the additional driveway dispute with the ACC, either pursuing compliance, or defending CVHA and the ACC against a claim filed by the homeowner. For fiscal 2011/2012 we have received another bill for $1577.88. The total legal bill is now $5144.83 and it could still grow.”
There were no further questions and the meeting ended at 8:06PM
CVHA Annual Newsletter, September 9, 2011 The newsletter was setup today and should be in your mailbox by mid next week!CVHA apologizes for the delay. There were a number of details that needed to be resolved before we could publish it.
CVHA Annual Association and Board Meetings, September 9, 2011 The meetings will take place at Collins Hill High School on October 19th, 7-9PM, in the choir room. 24 lots have stated they will be attending for a total of 41 people.
CVHA Desperately Seeking a President or Treasurer, August 19, 2011 Since January 2010, this administration has asked several times for new volunteers to assume any office, and while a few have looked into it none had any skills to offer unfortunately; only their time and labor and we are grateful for that offer. Nonetheless, CVHA is facing the same volunteer problems suffered by the last administration. For those reasons, hiring an HOA management company and doubling the Association Fee has returned to the forefront for this administration. Even with a management company, CVHA will still need at least 3 people to volunteer as Board Directors, serve the office of President and Secretary, and run the Association.
With a management company all the legal accounting burden of day to day operations is removed from the volunteers insuring the CVHA Treasury and its obligations are taken care of properly.
Hiring a management company is not necessary but without a skilled and capable homeowner serving as Treasurer, and another skilled and capable homeowner serving as President to coordinate the rest, this administration will be left with little choice. Richard Fisher is happy to continue as President or assume the office of Treasurer but will not do both (which he currently is).
If you already have the business skills and experience then either office is easy to learn and manage.
The most important position at CVHA is Treasurer. We need a diligent record keeper with experience in accounting, XL spread sheets and maintaining organized records. The Treasurer also needs to be habitual in picking up the mail, paying bills, making deposits and checking monthly account balances. Access to a copier or scanner along with email is extremely helpful if not reasonably required. The ability to create PDF files is extremely helpful. Processing closing letters, issuing statements of account to homeowners, and working with legal counsel to pursue liens is part of the job. This position has the greatest time burden of all the officers and requires the most skills. The Treasurer is the center of the CVHA wheel upon which we all count on!
The next most important position at CVHA is President. CVHA is a non-profit organization maintaining the front entrance and commons areas, while assisting homeowners in complying with or enforcing the covenants. The President is the main representative for CVHA; a communications liaison between the professional and legal service providers, volunteers, committees, officers, board directors and homeowners. Specific duties and skills are the publishing and mailing of announcements and newsletters, maintaining the website, organizing and facilitating meetings, assisting and meeting with front entrance repair and maintenance providers. The President’s burden is far less than the Treasurer yet much greater than the Secretary with one unique twist; the ability to be spontaneous so you can deal with what ever may show up at the time. Some have expressed concern that the office of President is plagued with homeowners on their doorstep or calling late at night; for two years only a few have shown up or called during normal hours.
If such volunteers cannot be found it is likely this administration will proceed with turning over CVHA to an HOA management company before the end of our fiscal year, June 2012, doubling the Association Fee due July 2012.
Out of 87 homes surely there are at least 10 people with the skills, knowledge and capability for either position; all CVHA needs is just one more and you get to choose the office! There is more information about volunteer positions on the Get Involved tab. Please contact the President, Richard Fisher, at 770-815-1938.
This topic will be included in the Annual Newsletter coming to your mailbox soon!
Treasurer Resigns, August 15, 2011
Chad Seefeldt has tendered his resignation as Treasurer of CVHA. The Board is grateful for his efforts and Chad has offered to assist where possible. The President, Richard Fisher, will assume the office of Treasurer until a qualified volunteer can be found.
Covenants Tab Updated With Board Resolutions, August 10, 2011
Board Resolutions passed at the November 2010 Annual Board Meeting have been posted for your reference.
2011 Association Fee Past Due after August 5, 2011 (posted July 3, 2011) The Association Fee mailer was received July 2, 2011. CVHA has extended the past due date to August 5, 2011, to compensate for our delay in getting this to you.
2011 Association Fee, June 29, 2011 CVHA apologizes for the delay in getting this mailed to you. The volunteers have been busy, the President became ill, and is just now recovering. Setting up this mailer requires time to determine who is up to date on their payment and who is past due. Then a statement of account must be prepared for those who are past due and a new master log created for 2011, reflecting the account balance for each lot. Traditionally the annual newsletter is also published consuming more time. This year the newsletter will be sent out later to dovetail with the Annual Association and Board Meetings, serving as legal notice of those meetings. The Association Fee mailer you receive describes why this was changed and the new event time line going forward.
You should receive this mailer between July 7 and July 14. Normally this is past due after July 31. Due to CVHA delays, the past due date will be extended 30 days, from the date the mailer is received by the officers. That past due date will be the next post in this section.
CVHA For Sale and For Rental Sign Policy, June 29, 2011 A lot owner asked us about this, we investigated it, and have posted the outcome on the Rules & Regs tab.
Presidents Message, April 2, 2011 Please click on the President tab.
Trash Pickup on Tuesday the 18th, January 14, 2011 Thanks to neighbor Suzanne Dion for letting us all know the following: Due to the snow storm, trash will be picked next TUESDAY, rather than Monday, and she also put up a sign at the entrance.
CVHA Home Owner Accounts, January 2, 2011 CVHA will be mailing notices to the 7 home owners that selected the Split Payment Plan for the 2010 Association Due. Payment is due February 1 and past due after February 28.
CVHA will be sending a Statement of Account to 9 home owners for a past due balance on their 2010 Association Due. Every effort was made by the President in reaching these home owners to collect full payment or utilize the new Split Payment Plan, and avoid a Late Fee on their account.
Merry Christmas and Happy New year, December 11, 2010 A big thanks to Chris and Sandy of the Commons Committee for their continual efforts to beautify the front entrance. About a month ago pansies were planted. Today Chris put up the Christmas decorations. With that, the volunteers of CVHA wish all our neighbors a wonderful Christmas and a happy New Year.
Annual Association Meeting, November 8, 2010 The Board held the meetings on Monday and we are disappointed to report that besides the current volunteers along with Rich Lindee and Mark Pago of the last administration, only three homeowners showed up to participate. Due to that the President made a motion to skip the State of CVHA report, post that to the website instead and deliver a short synopsis. The homeowners agreed. Please check the President tab for that report in full.
The President provided a hand out of the current ACC section and another version of the ACC section containing the proposed amendments, explaining the purpose and necessity of removing the ambiguous legal language. This particular ACC topic did not generate any discussion or comments from the homeowners.
One of the homeowners attending, husband and wife, were quite passionate about their feelings concerning the ACC in general. On one hand it was asked why the ACC is not doing more such as policing the neighborhood for violations related to upkeep such as deteriorating garage doors, siding, gutters, window casings, ect. rather than telling homeowners what they can or cannot do when it comes to changes and improvements. Since the ACC section had been passed out during the meeting for discussion the President asked where in the ACC section is the ACC granted such policing authority? It was agreed none was granted. The President pointed out that in the recent poll, statistically it appears the homeowners prefer policing their individual areas. The President suggested that if a homeowner has an issue with the maintenance and upkeep of another home they should file an ACC Form.
On the other hand, this same homeowner couple then stated that they would prefer the ACC be removed. The ACC section is unfair in that five people could control another persons liberty to do as they wish with their property. Another homeowner agreed with this position. The President stated that he understood their position, could even agree with their position on some levels, reminding them that every homeowner, of their own volition, signed a contract with the rest of the homeowners when they bought their home and the ACC is part and parcel of that contract.
The President made clear that removal of the ACC will be included as an option and stated that under current conditions that would be preferred versus continuing with a crippled ACC section. The President suggested the husband and wife homeowners go door to door in the community and present their position for removal of the ACC if that is the change they seek.
After 25 minutes discussing removal of the ACC, the President pointed out that
their point had been made yet with only three homeowners attending, and
the rest being volunteers of CVHA, there was no statistical relevance
in taking a vote. Instead, the Board will be issuing a voting card to
the community to find out where the homeowners stand and then move
forward with any amendments based on those results.
Extending the time period from 30 days to 90 days for ACC approval and the pursuit of ACC violations was discussed. The homeowner couple along with a homeowner of the past administration stated they did not approve. Their position was no homeowner should have to wait 30 days for ACC approval of a project. ACC members explained that while ACC Requests are normally approved within days, the scope of some projects could require more time for a full review. The President made a point that the 90 days also provides ample time for discovery and enforcement of unauthorized changes by a homeowner, a violation of the ACC section. The Board stated this was not the critical point for amending the ACC section and would accept the 30 days if necessary for passage.
The Board plans to move forward on a proposal to amend the ACC section and By-laws of CVHA over the next number of months. Keep an eye on the mail for a notice on this topic. The State of CVHA report found on the President tab contains full disclosure on both topics.
Annual Board Meeting, November 8, 2010 The Board defined a split payment plan passing a resolution to apply an additional $25 fee, creating two payments of $75 for homeowners who choose to exercise this option, instead of paying the Association Fee of $125 in full. This plan will be implemented next year for the July 2011 Association Due.
The Board discussed our cash reserves for the purpose of defining the minimum amount necessary for operations and to cover the unexpected, passing a resolution setting the amount at $15,000 at this time. If the community will pass the amendment to fix the ACC section this could be reduced creating an overage.
The Board discussed how to return an overage in cash reserves back to the homeowners suggesting this be done via a discounted Association Due for a particular year. It was also suggested that this discount will only apply to those homeowners with a current account. Based on the prior resolution of minimum cash reserves, CVHA does not have an overage at this time and this discussion has been tabled until that changes.
During the overage discussion, the Board discussed the project listed on the website, The neighborhood Pavillion, to errect a Gazebo across from the farmhouse on Radner Run where there is currently a park bench. The Board opened the floor for a vote from the homeowners to pursue this project and the outcome was unanimous to not pursue it and remove this topic from the website.
The Board discussed a budget along with maintenance work related to the front entrance. The Board is considering having the grass areas installed with new sod, only in those areas that are also irrigated. The Board is considering a weed and fertilization program for the grass, shrubs and ornamentals. The irrigation system has been turned back on. Since the front entrance had not been maintained and water turned off in the past, the Board has tabled any resolution or action on this matter until we have more historical data of expected costs to work with.
Meeting Notice Was Mailed Late, October 15, 2010 You should be in receipt of this notice today! CVHA has successfully used the direct mail services of FEDEX Office since March. Based on when this notice was ordered you should have received it on the 8th or 9th. The President called to find out what happened and they apologized for their mistake and error.
Annual Association and Board Meeting, November 8, 2010, 7PM to 9PM Collins Hill High School
50 Taylor Road, Suwanee GA 30024
Enter front entrance, take first hall right, down the hall on the right
You will be receiving a notice of this event in your mailbox the first week of October.
Commons Committee is Formed, September 10, 2010 The Board and ACC members would like to thank Christine Morehead and Sandy Gardner for volunteering for this committee. Christine will be the direct contact for the Board. First order of business was to have pine straw installed all along the front entrance to minimize erosion and improve the overall look. The irrigation system has been inspected and turned back on to assist them in their efforts to beautify our front entrance!
Questionnaire and Annual Meetings Update, August 21, 2010
The returns are in! For more information on the questionnaire and the responses received, please click on the Presidents Message tab for all the details. 22 lot owners would like to attend for a total of 33 people and the Board is scheduling a place and time for the meeting. The date and location will be announced soon on this website and an invitation mailed 30 days or more in advance to all lot owners.
Storm Water Drains, August 16, 2010
The Board has contacted Gwinnett County about the silt filled retaining pond and clogged storm drain system across the street from the old farmhouse on Radner, specifically 240 and 250 Radner Run. It appears it will be some time before this is corrected but we are aware of the problem and trying to get it resolved.
New Treasurer, August 2, 2010
Chad Seefeldt is now the Treasurer of CVHA. This office will be turned over to Chad by the President sometime in September. Chad volunteered at the emergency Association Meeting held in January to assist the Board and did organize all the old records of the Association for further evaluation by the Board to see what we need to keep. The President and Secretary are grateful for his continued support!
Steve Neal Driveway Petition, August 2, 2010 At the request of several homeowners, the following information is being posted about a driveway petition being circulated by lot owner Steve Neal of 1411 Dorchester Drive to the community. None of the ACC members or remaining Board Directors has been presented with or been able to view a copy of the petition. What we do know is the petition concerns the topic of widening or adding a driveway, inspired by an ACC violation committed by the Neals and litigation currently in progress.
Neither the ACC Members or remaining Board Directors can discuss the litigation currently in progress. This litigation will be based on the prior covenants because the recently amended covenants did not become legally binding until June 16, 2010.
It is the position of the ACC, that the 2nd driveway installed at 1411 Dorchester Drive was installed in violation of the previous Lot Owner Covenants, then in place. The lot owners did not submit an ACC Request Form to change the landscaping prior to starting the project, a violation of Article 2, Section 3, that was brought to the attention of the lot owners. The lot owners did submit an ACC Request Form for approval of the driveway and that request was denied by the ACC. The lot owners completed the driveway installation after the ACC denied the application, another violation. This matter was turned over to the CVHA attorney June 7th, 2010.
Assessment Dues Receive 30 Day Grace Period, August 2, 2010 In the past the community was provided a 60 day notice prior to the due date. That did not occur this year due to amending covenants. The Board has extended the due date to August 31, 2010. Please remember that Board Directors and the office they assume is voluntary and are administering your Association for free! Your neighbors assuming this responsibility seek the least amount of burden and request payment please be made in a timely manner. All payments received after August 31, 2010, will be charged an additional $25 late fee.
Front Entrance Lights Fixed, July 29, 2010 Both marquee sign lights have been replaced. While one was still functioning it was worn out and a prime candidate for future trouble. It was also discovered that the lights had been turned off for some period of time. The electrical box had received some minor vandalism, was returned to good working order, the AC turned on and a pad lock installed.
Gwinnet County Enforcement Link Added, July14, 2010 The majority of the rules and regulations of this Association are covered by the county and with the Gwinnett County Clean and Beautiful program, inspection and enforcement is simply a matter of any lot owner creating a case at the county website. Please click on the Rules & Regs tab for full info.
Chris Morehead 1st Commons Committee Volunteer, July 13, 2010 Chris and the Board looks forward to another two lot owners volunteering for this new committee!More information is available on the Get Involved tab.
Current Covenants Now Available to Print or Download, July 12, 2010 The amended covenants are now legally binding and effective as of June 16, 2010. Please dispose of any and all copies you have of the original covenants and click on the Covenants tab to print or download a copy of the current covenants for your records!
Get Involved Page Has Been Updated, July 11, 2010 As noted in the Annual Newsletter the Board is looking for another member. The first question most volunteers have is how much time will this require and what are my responsibilities? The Get Involved page has been updated to provide you with solid information on the responsibilities and requirements as a Board director and officer, or ACC member. A fully staffed Association reduces the burden for all volunteers so please step forward to help your neighbors and this community! If you have the skills or time please contact the President so you can be added to a list of potential Board and ACC replacements for future reference.
2010 Association Due Assessment, June 28, 2010 Unfortunately, due to the delay created by the recent vote to amend covenants, their required passage and recording in Gwinnett Superior Court to even proceed, the Board was unable to send out the dues assessment at the end of May as historically expected.Homeowners will be receiving this and the CVHA News Letter in the next day or two. There is a boatload of information for your consideration. The Board looks forward to your participation in the response section of the assessment form you will be returning!
New Commons Committee – looking for volunteers, June 27, 2010 The Board is looking for three or more green thumb volunteers with experience in landscaping! To be clear, this is not a committee of labor but rather an administrative body to direct the design, appeal and maintenance of the front entrance, and develop a budget to keep it that way. We are looking for long term members to provide consistent and experienced advice to direct this Board and future Boards. Please contact the President at 770-815-1938.
Looking for new Officer, June 7, 2010 Brenda Neal is no longer the Treasurer. The Board is looking for a volunteer to take her place. Positions could be shuffled to make this work out and the two offices are President and Treasurer. Please call the President, Richard Fisher, at 770-815-1938 for more information or to discuss your participation!
Association Due Assessment, June 5, 2010 When the Board sent out the voter cards to amend covenants in the beginning of April our time line was to have that voting process completed by the beginning of May to mid May so we could mail the dues assessment at the end of May or beginning of June. Due to a lack of response the Board was forced into the time consuming process of manually collecting the remaining votes. The vote was not finalized until the end of May. This has put the Board behind for assessing the annual Association Due. Due to circumstances you will receive the assessment of $125 during the 3rd or 4th week of June instead, due July 1st and past due after July 31st.
Covenants Pass, May 26, 2010
On May 24, 2010, the Board recorded the last vote for the proposal to amend covenants recording 72 votes in total.
The amended covenants have passed and will be recorded in The Minutes of the Corporation and the Clerk Superior Court of Gwinnett County. A complete version will be posted to the community website for your records over the next 30-60 days. Please click on the President link for more information.
Announcement, March 31, 2010
Lot owners will be receiving a post card in the mail between April 1st and April 3rd from CVHA to vote on amended covenants. Full details of this proposal and copy can be found by clicking on Covenants, located in the main menu bar above. The Board looks forward to your yes vote to put a legal technicality and problem behind us.
Front Entrance Lights, March 27, 2010
The President inspected the lights for the front entrance. The lamp contacts inside both fixtures for the marquee signs have been corroding and arcing fusing the lamp contacts to the fixture contacts. These will need to be replaced. There is one light out on the center island but the President was unable to remove the covers on any of those fixtures. The Board will work on getting this resolved.
Announcement, March 26, 2010
The Board has changed the address of the corporation. The new address is: Collins Village Homeowners Association, Inc PO BOX 490301 Lawrenceville, GA 30049
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