GHPOA Cracking Down on Covenant Violations
Jul 17th, 2007 by Tom Britt
The GHPOA Board of Directors voted unanimously to host a special meeting on September 17th at 7:00 pm to approve a proposed amendment to the GHPOA Declaration of Restrictions. If ratified by 51% of the residents, the amendment would give GHPOA the ability to recover attorney’s fees when they enforce covenant violations in court.
The original Declarations of Restrictions filed in the early 1980′s by Shorewoood Corporation gave the GHPOA Board the right to sue to enforce covenants and restrictions; however, they failed to give GHPOA the ability to recover legal fees for the covenant violations. This makes it very difficult and costly for GHPOA to pursue covenant violations and certain residents are taking advantage of this loophole. Currently, the legal costs incurred by GHPOA to enforce a covenant violation is borne by the property owners that do comply with the covenants.
Residents will be receiving a letter in a few weeks outlining the proposed change, the paragraph that is changing in the existing Declaration of Restrictions, and a proxy form to fill out and return prior to the September 17th special meeting. By signing this form, you are giving the Development Control Committee of GHPOA the ability to enforce the Declaration of Restrictions, placing the burden of legal fees back on the offending resident.
We are setting up a special online form that you can also fill out and submit electronically. The proxy form can also be filled out and mailed back to GHPOA (GHPOA, 7050 E. 116th Street, Fishers, IN 46038) or given to your GHPOA neighborhood respresentative.
It is very important that you return a signed proxy or fill out the online form no later than September 17, 2007.
