October 2007

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WEDNESDAY, OCTOBER 31, at 5:45 P.M.

PARADE WILL START AT OLD STONE LN. & CALUMET DR. AND CONTINUE TO OLD STONE LN.& BAY BREEZE LN.

FOR ADDITIONAL INFORMATION, PLEASE CONTACT: Suzanna Annakin 826-1364

Approximately 100 GHOA residents attended a special meeting on September 17th to discuss an amendment to the 20-year-old restrictions that would allow GHPOA to recover legal fees when they successfully pursue covenant violators. Currently, GHPOA can sue residents for covenant violations; however, win or lose they can not recover their legal costs.

Several residents voiced concerns over the amendment, disagreeing not with the association recovering legal fees but with the clause that allows one homeowner to sue another homeowner and recover fees if victorious in court.

According to Tom Murray, attorney with Eads, Murray & Pugh that represents GHPOA, this clause is prevalent in most Indiana homeowners’ association covenants. Giving both the homeowner and homeowners association the ability to recover legal fees if they win in court is a common practice. Homeowner to homeowner suits are very rare. Murray stated that of the hundreds of homeowners associations that Eads, Murray & Pugh represents, he hears of maybe one such suit per year. Most serious violations are pursued by the homeowner’s association, not by the individuals themselves.

GHPOA board members have decided to continue collecting signatures on the proxy form that was mailed out to all residents in hopes of attaining at least 1,191 signatures (50% plus one). Currently, the amendment has 1,060 approvals and 195 that do not approve.

If you have not voted, please visit http://ghpoa.com and click on the “proxy form” link on the left or contact your neighborhood representative.