September 6, 2016
[items in yellow are links to supporting documents]
Attention Peppertree Homeowners:
HOA now active. The Peppertree HOA has commenced active operations. This is happening because Peppertree will have environmental exposures if it does not do its part on maintaining the subdivision's stormwater detention pond, and because all property values suffer when a few homes fail to cooperate with subdivision covenants.
Origin. Smyrna's Peppertree subdivision was created on the south branch of Springleaf Circle in the early 1980s. Similarly, Windy Hill Forest subdivision was created on the north branch of Springleaf Circle. At the time, the two Springleaf Circle entrances did not connect in a semi-circle as they do now; each road ended in a parcel of undeveloped wetland. The subdivision plats for Peppertree can be found at
http://tinyurl.com/pepperplats .
Covenants. Peppertree subdivision was formed as a series of connected townhomes with restrictive covenants imposed in the deed records. These covenants require every homeowner (and every future homeowner) to keep property in good repair, to keep vehicles in the driveway, to pay dues to an HOA (in order to administer the covenants) and to cooperate in other ways to foster harmony. A copy of the Peppertree Covenants can be found at
http://tinyurl.com/ptree-covenants (these covenants remain in force and renew themselves every ten years).
Dormancy. Peppertree Homeowners Association Inc. was formed by developer Sam Leveto and his companies in 1984 as Peppertree's HOA but it became dormant shortly afterwards and was
suspended (but not eliminated) by the Georgia Secretary of State in 1992. Despite this, every Peppertree homeowner has covenants that apply to his or her home, and every homeowner has the power to take legal action to make sure the covenants were carried out. The 1984 Peppertree entity could still be sued for environmental citations, it still had powers under the covenants, and it had the power to designate a successor to carry on with those covenants.
Environmental Citations.
Springleaf Circle is now a townhouse neighborhood with a total of 168 homes: 54 are in the Peppertree association, 89 are in the Windy Hill Forest association, and 25 newer homes are in the Association for Windy Hill Forest IV ("WHF4"). Every one of our homes put stormwater into the detention pond property adjacent to 1505 Springleaf Circle. In 2015 the City of Smyrna Environmental Court issued citations against the CEO of Windy Hill Forest, against the CEO of WHF4 and against Sam Leveto as original board member & developer of Peppertree -- the citations were for neglected repairs and maintenance on the detention pond. Informal discussions on these problems actually began in 2014, then formal citations were issued in 2015. Citation numbers are shown below; interested parties are free to visit the Smyrna Municipal Court to review the files and can see the
City's citation summary here.
Cooperative Agreement. With funds contributed by Sam Leveto's company and Charter Communications, substantial maintenance and repair was done to the detention pond in 2015 (see footnotes 1 & 2 below). To resolve the Smyrna Environmental Court issues,
a written agreement was made requiring each HOA to contribute its share of cost -- but no more than its share. Shares are based on the relative number of home in each HOA, for example Peppertree's share is 54 homes divided by 168 homes or 32%. The agreement called for a new entity, Springleaf HOA Cooperative, Inc. (the "Co-op"), to have title to the detention pond property, to collect contributions from the three HOAs and to perform ongoing maintenance (the Co-op is a nonprofit corporation). Sam Leveto, as original board member & developer of Peppertree,
assigned all the powers to administer the Peppertree Covenants to the Co-op. The Co-op presently acts as manager for the Peppertree HOA and it would like Peppertree home owners to begin sharing responsibility for administering the Peppertree covenants; a member meeting will be called in early 2017 if not before. The Co-op manages Peppertree by way of the following organization documents:
articles,
initializing resolution, and
bylaws. As agreed, the Co-op
took title to the detention pond land and thus is the primary party answerable to the City for stormwater maintenance (rather than any of the HOAs).
Loans to Peppertree. At present, the Co-op has loaned several hundred dollars for the Peppertree HOA's benefit. Perhaps you have noticed the repainted Peppertree entrance signs, as well as painted can lids and electric boxes. There are various administrative costs also.
Peppertree needs to begin annual assessments on homeowners in order to contribute its share for ongoing detention pond maintenance and to administer its covenants. For 2016 a $25 assessment was sent out, and many have graciously cooperated. We expect to keep the fee low for all who timely pay and who simplify our work by using paypal.com (you don't even need a paypal account).
footnotes:
1. The agreed 2015 contribution was $75 per home, yet no homeowner bore this cost - the HOA presidents shrewdly raised money from a one-time funding opportunity with Charter in return for a separate 10 year agreement to access and maintain cable service in each HOA. The 2016 contribution is set at $15 per home and the HOAs are expected to raise that with their annual dues.
2. Go to www.tinyurl.com/pondrepair2015 to see photos of the brush and overgrowth before clearing and repair, pics of the eroded and damaged outflow structure, pics of the area after extensive bush-hogging work, pics of the repairs in progress, and pics of the proper pond function after the repair. Search out "Restatement (Third) of Property: Servitudes § 4.13" for information on the duty to contribute for repairs of easement property.
