For its part, Appellees argue that the HOA's concern is unfounded because any violation of Section 4.2.2 necessarily violates the Declaration. Ill give examples of the things that I think Reynolds does particularly well in Ghost. You are trying to keep your association on budget, manage how your community looks and control your expenses. 75 itself without regard to prior holdings of this Court. since the fourth grade, which is when Ma. We have you covered there too. Established in 1999, The Providence Club is a premier 300+ home community located in northern Walton County, Georgia. If the Board agrees, it must provide written notice to the lot owner. In construing OCGA 44-5-60(d)(4), we apply the fundamental rules of statutory construction that require us to construe a statute according to its terms, to give words their plain and ordinary meaning, and to avoid a construction that makes some language mere surplusage.2 In our review of restrictive covenants, we are mindful that [t]he general rule is that the owner of land has the right to use it for any lawful purpose. Polo Golf I, discussed more below, refers to Polo Golf and Country Club Homeowners Assn., Inc. v. Rymer, 294 Ga. 489, 754 S.E.2d 42 (2014), which involved a dispute between the HOA, Forsyth County, and lot owners within the Polo Golf development over responsibility for a sinkhole on the lot owners property. As a board member with fiduciary responsibilities, it is important that you have a pulse on what is happening in your community. XIII (Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.); Ga. Const. (Emphasis supplied.). Our extensive suite of services is designed to fit your communitys unique and specific needs. Continue See id. Wildwood HOA - Council Bluffs. a condominium and HOA management company that adds value EXPERIENCE A WHOLE NEW LEVEL OF HOA MANAGEMENT We get it. Administration Building The Christmas Toy Drive will serve children of families who need assistance. The Rent Zestimate for this home is $2,018/mo, which has decreased by $78/mo in the last 30 days. Deposit Ins. 17. 795 Barber Creek Road Statham GA 30666. The upstairs boasts 4 large bedrooms and a huge laundry room. See id. On remand, the HOA asserted an additional argument that had been raised in earlier briefing: that Section 4.2.2 is invalid because it exceeds the scope of the authority provided in its enabling ordinance. We find power in numbers. I, Sec. No problem. 294 Ga. at 495, 754 S.E.2d 42. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Heritage Property Management Inc. offers assistance and can handle the process of soliciting bids, awarding contracts and monitoring the quality of work in conjunction with the applicant during projects. Teresa is our community manager with RealManage and has been a pleasure to work with and represents the company well. If you're aged 40 years old or younger, this is the perfect opportunity for you to join a vibrant community of young professionals and enjoy everything that The Manor has to offer. (b) Leasing Restriction. Excerpted from "Ghost" by Jason Reynolds. They are on top of everything. The homeowners association (HOA) fee includes gated security, landscaping, street light repair, and common area maintenance. JOHNSON, P.J., and ELLINGTON, J., concur. 10. Welcome to The Georgia Club. Public accommodations protections include being unfairly refused services or entry to or from places accessible to the public (retail stores, restaurants, parks, hotels, etc). Polo Golf II, 306 Ga. at 789-790, 833 S.E.2d 505 (footnotes omitted). Welcome to The Orchard in Northeast Georgia. After Charter Club assessed several fines against Walker for various violations of the Declaration, Walker brought the instant action, alleging, inter alia, breach of contract, nuisance, and unjust enrichment. At issue in this case is the construction of OCGA 44-5-60(d)(4), which provides, in pertinent part, that no change in the covenants which imposes a greater restriction on the use or development of the land will be enforced unless agreed to in writing by the owner of the affected property at the time such change is made. The trial court ruled that OCGA 44-5-60(d)(4) rendered the amendment to the Declaration inapplicable to Walker because it imposed a greater restriction on Walker's use of the land to which she did not consent. Notably, the HOA's counsel conceded in the proceedings below that the Declaration gives the HOA enforcement mechanisms that do not require the HOA or its agents to physically enter a homeowner's lot. Social and Dining Includes exclusive social events, pro shop discounts and discounted Art. A New Lifestyle Awaits Contact us today and learn more about life at Harbor Club. A kid from the projects learns to put speed in service of character building and achievement. Its capital and largest city is Des Moines. Social clubs are an integral part of The Georgia Club lifestyle. 373 homes have been built to date at The Georgia Club of the 900+ planned. Courtyard homes called Park Homes or Brownstones and cottage homes for sale at The Georgia Club can be found in the mid $300k's. Estate homes are priced from the $600k's. Thus, as we concluded in Polo Golf II, Section 4.2.2 does not on its face preclude the HOA from using the abatement remedy or any other method of self-help set forth in the Declaration. Take advantage of our professional blog section. Charter Club answered and filed a counterclaim requesting that the court require Walker to evict her tenants and order Walker to pay various fines for violating the Declaration. However, Section 1.1 of the 2014 version of the Addendum, which addresses Applicability, expressly provides that [e]xisting, new and planned stormwater facilities shall comply with the maintenance requirements of Section 4 of this addendum, which includes Section 4.2.2. Here, however, the trial court determined that the HOA had power through its declarations to exercise the right of self-help to abate the non-complying drainage easement or stormwater facility existing on an individual lot owner's lot within the subdivision and therefore rejected the HOA's argument that compliance with Section 4.2.2 is a legal impossibility.. This is a great group and I am pleased to be able to work with them to better communities, RealManage has managed our HOA for as long as I can remember. The bus gets you home, t want that. 75.16. If the lot owner fails to remedy the specified violation within 30 days, the HOA may exercise the right of abatement under the Declaration. at 174, 780 S.E.2d 95, where a Polo Golf lot owner asked the trial court to find that the HOA breached its duty by not exercising its Declaration remedies against other lot owners, this appeal does not present the question of whether a corporation has exercised its discretion over its own affairs lawfully and in good faith. You can obtain an abundant amount of knowledge and understanding by reading through some of the post. Join us at one of our fun, celebratory fundraising events! I am impressed with the dedication and attention the people of, ked with Dave on several occasions and really enjoy the detail and reliability he brings to every situation. We absolutely recommend RealManage and their team for other communities looking for quality care and management. You need a condominium or HOA management company that gets work done and lightens the load so you can make informed decisions. Being a community association board member is hard and at times feels like a full-time job without pay. Anything you do on our website is completely free and does not require logging in or registering in any way. This is the Facebook page for the Polo Golf And Country Club homeowners located in Cumming GA See Polo Golf II, 306 Ga. at 794, 833 S.E.2d 505. The Good Egg Presents: The Great Eggscape! Aletha has been the person who has helped me each time and I truly can not speak highly enough. His name is Castle Crenshaw, but he calls himself Ghost. The trial court's conclusions are supported by the text of both Section 4.2.2 and the Declaration. Below you will find property management companies spotlighted for their superior service. of Human Svcs. From our first interview with them to the current rebuilding of our pool, RealManage has really become a partner. 3. how he found out that was some kinda special talent. You can count on GCM to not only run the business of your community, but also, through our, Our team of professionals is dedicated to serving your community. The provision on leasing is contained within Article VI, Use Restrictions and Rules. By definition, the parties have agreed that the Leasing provision in Section 5, whether the original version or the amended version, is a Use Restriction. [Charter Club] itself distinguished between the Leasing restriction and restrictions on occupancy when the Amendment also added Article VI, Section 33 governing occupancy,11 and [Charter Club] will be held to the language of its own Amendment. Our property manager goes the extra mile to ensure we get what we need, es. Take part in supporting communities in need through a donation! at 943-944, 108 S.Ct. In Polo Golf I, we noted that Polo's covenants provide that each homeowner is to maintain and repair the structures on his own property, including any stormwater facilities or device affecting or altering the natural flow of surface waters on any lot. See Polo Golf I, 294 Ga. at 489, 754 S.E.2d 42. But the plain language of the statute clearly contemplated amendments to declarations when it provided that no change in the covenants will be enforced.8 Additionally, when construing restrictive covenants, we are required to consider the entire document and not merely the provision in question.9 Restrictive covenants will be construed to carry out the intention of the parties, if that intention can be ascertained from a consideration of the whole instrument.10 As the trial court wrote in its order: [t]he argument by [Charter Club] that the Amendment imposed a mere occupancy restriction that was not a use restriction flies in the face of the language of the document itself. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. (Emphasis supplied.) In Polo Golf II, we summarized the following background facts: [The HOA] is a nonprofit corporation which oversees a housing subdivision in unincorporated Forsyth County called the Polo Fields.[3] The stormwater mechanisms in the subdivision including the Wellington Dam, which shores up a body of water known as the Wellington Lake, are failing due to age. Because the maintenance obligations imposed by Section 4.2.2 do not constitute involuntary servitude under the Thirteenth Amendment to the United States Constitution, we affirm the trial court's grant of summary judgment to the defendants with respect to the HOA's involuntary servitude arguments.14, 5.