Erin and I moved here five years ago. One of the important factors of living here is that we would no longer have to deal with any HOA’s. We had the usual horror stories from our previous HOA. I once left my lawnmower out because it was pouring rain. I threw a tarp over it and moved it the next morning. Two days later I found a letter in my mailbox with a $50 fine. I could go on and on.
I am certain that many of us had the impression that there was no HOA here. There would be no dues, no letters, no liens and no lawsuits!
Some years ago a lawsuit was filed by a SMEPOA (Sassafras Mountain Estates Property Owners Association) resident, because the board put a lean on his house for nonpayment of dues. The case went to court and SMEPOA lost. The POA (Property Owners Association) policy that was constructed in 2002, does not legally include the homes that were there prior to that date, none of which said it was mandatory to join an HOA or pay dues. The court ruled that the lots were under several different types of covenants, created by the developers. This nullified existing SMEPOA covenants. The court ruled on the law regardless of the consequences for our roads. What a strange situation. An HOA with no binding recourse.
While it is a fact that homeowners are not required to pay dues, here are six reasons why SMEPOA residents should consider donating the funds.
- Land values-Ever heard of the saying curb appeal? Nothing can bring the value of a house down quicker than the neighborhood looking rundown. This includes our roads! I love the fact that a lien cannot be placed on my home because the sticks aren’t picked up in the front yard. With that being said, I do realize that it costs money to make a place shine.
- Insurance-I know you’re thinking to yourself what in the heck does insurance have to do with our roads? If someone should have an accident due to the road, the victim may sue the homes on that street. All of them. That means potholes must be filled and that takes money.
- Road Upkeep-in my five years of living here I have never cut the grass or trimmed a tree in front of my house by the road. I’ve never fixed the road or put up a new sign. SMEPOA funds paid for the beautiful signage and kept the roads clear in the snow. They also go towards reduced maintenance on your car/truck (clean car/truck, extended tire tread, even ground to travel on, will not wash away when it rains and cause ruts. They would need to be graded several times a year if our roads were unpaved.
- Fairness-plain and simple, why are half the people bearing the burden to make the other half’s roads look nice? Since the ruling, only approximately 50% SMEPOA residents pay anything to help make it shine. It’s not a question of what is legal, it’s a question of what is right and wrong. I believe we should all share the burden equally.
- Privacy-what would happen if the county took over our private roads? Most likely, they would build roads that connect ours to everyone else’s. So if you are excited to encourage Monument Road traffic to go through Upper and Lower Sassafras, then you shouldn’t pay a donation. As for Erin and I, we are enjoying being able to go for a walk without seeing many cars on our street.
- Last but not least, new or improved roads. That is what it is all about!
Here is the breakdown from SMEPOA president Trina Britt on where the funds will be targeted:
90% goes to
- road maintenance
- striping
- patching wholes
- we have a huge focus this year to improve the sides of the road (mowing back additional amounts to keep trees from growing)
- We also hope to be able to blow the leaves off the roads where they tend to pile up and can cause slick areas when wet.
10% goes to
- mailbox
- website
- lawyer
- GA State Registration (EIN)
- community activities
- Firewise
Needless to say we were not very interested in donating $600, since it is not required. At that time, we did not feel the money was going to the right places, so we did not pay any dues or donation. After Erin and I sat down at our first SMEPOA meeting, it was explained to us where every penny of the funds went to work for us. At the meeting we made a payment and have been making donations ever since.
While the past board worked very hard, and deserves a great deal of thanks for all their work, there is a new board now. There is only Jeff Kirves, our past president from the old board, which remains and helps us tremendously. I have sat in on most SMEPOA meetings or at least heard about them from Erin, who is now a board member. From day one the mantra has been roads, roads, roads! The goal is to raise money to maintain the roads. And to do this, SMEPOA needs 100% of the residents to help pitch in financially. I don’t think they are even using the word dues anymore. They are not required, so they are not dues. A more appropriate name is donations.
Should you have any questions at all about donating money or anything else, there is an email link on the SMEPOA website www.sassafrasmountainestates.com or click on [email protected]. To donate funds, login as a guest in the member section and create an account. They are asking $300 for property owners and $600 for property owners with the home on the land.
Everyone on Upper and Lower Sassafras enjoys the use of our roads. These roads are private for our own protection and enjoyment. That’s all I have to say for now. Erin is calling me to put my shoes on to go for a walk!
