Home Maintenance

Although our community are made of townhomes, or attached units, they are "fee simple".  What that means is each owner is responsible for their own unit (roof, walls, plumbing, etc.) as though it was not attached.  There are very few exceptions, please see the comparison below.  Please note that all painting and architectural control changes must be approved by the Board of Directors before any work begins.


Division of Responsibilities per Governing Documents

 

Homeowner Responsibility

The Unit structure itself - both interior and exterior is the Homeowners Responsibility entirely with very few exceptions.  The owner must maintain in good repair:

  • Landscaping: Inside the fences only is the Owner Responsibility

  • Exterior of the Unit

  • Interior of the Unit

  • Sprinkler heads are the Association Responsibility; however, the homeowner is responsible for the proper basic care of the sprinkler heads, meaning that they cannot be damaged or painted over by the owner.

  • Roof

  • Walls

  • Painting (See below)

  • Gutters: SEE NOTE BELOW

    • Although the gutters are homeowner responsibility, the Association may clean EVERYONE’s gutters one time a year.

  • Shutters

  • Garage Doors

  • Porches

  • Fences

  • Driveways

  • Stoops

  • Other approved attached structures

  • Insurance Policy  (See below)

  • Storm or Water Damage  (See below)

  • Walls Between Units  (See below)

 

Association Responsibility

The Association has the following responsibilities to the unit owners:

  • Landscaping (NOTE: Fenced-in backyards are not maintained by the association,)

  • Fire Sprinkler System

  • Termite Bond

  • Gate System

  • Swimming Pool

  • Water

  • Trash Service

  • Road Maintenance (up to Upper Hembree)


Painting

Each home has particular colors assigned to it and any changes must be approved before painting begins.

Do I need permission to paint the house the same color?

Insurance 

Each owner must maintain a multi-peril insurance policy at 100% replacement cost.

Water Damage

All damage is the responsibility of the owner unless the damage was caused by a leak in the sprinkler system during day-to-day operations. Water damage in the event of the sprinkler system activating as a result of a fire is the responsibility of the owner.

Walls Between Units

Walls between units are often referred to as "party walls". Water damage in party walls is a homeowner to homeowner issue. Contact HMS if you are not able to contact the adjacent owner. Once the water leak is investigated, it will be determined who is ultimately responsible. Each pipe belongs to either one unit or the other, the person whose pipe created the leak is responsible for the damage.


MAINTENANCE OF TOWNHOMES AND EASEMENT AREAS

Definition of the Easement: Each townhome has an area (easement) that is for their exclusive use and enjoyment and is located behind the townhome. The boundaries of this easement can be found on the plat recorded in connection with your townhome or the survey you had done at closing.

In this area, you have the right to plant shrubbery, flowers, etc.; however, their maintenance is fully the responsibility of the homeowner. According to the Covenants, only the HOA has the responsibility for the maintenance and/or repair of Association property. Any intervention or tampering is strictly prohibited. Please respect the privacy of your neighbors.

Maintenance of Easement Areas: The Association will maintain grass and grounds unless it is enclosed in a fence. The homeowner is responsible for

maintaining their own plantings in easement area.

Maintenance and Repair of Townhomes, Porticos, Stoops, and Patios: The homeowner is responsible for all maintenance of the townhouse, including walls, roof, driveway, stoop, porticos, and patio (the only exception is fire sprinkler system inspection, which is mandatory annually).

Exterior maintenance must be maintained in a condition that is satisfactory to the Board. No changes to the exterior appearance can be made without Board approval (examples: painting, brick, stucco, siding, shingles, etc.). Paint colors can be found inside the electrical panel door in garage, or by contacting HMS.

Water pipes and exterior water spigots are the responsibility of the homeowner. There are two shut-off valves that must be turned off in winter to prevent freezing. The Association is not responsible for damages.

Fences: Homeowners can erect a fence to enclose all or part of easement area annexed to their townhome. The fence must have a gate, and the gate cannot be locked or secured in any way that prevents access to the easement area. No fences are allowed outside easement area. The construction of the fence must be approved and conform to the standardized design adopted by the Board. The homeowner is responsible for all fence maintenance. See the approved fence design at the end of this booklet.

Failure of maintenance: If the owner fails to maintain any portion of the townhome, stoop, driveway, portico, patio, or easement area, the Board has the right (after giving owner at least 5 days notice and an opportunity to correct the unsatisfactory condition) to take measures to correct the unsatisfactory condition. The owner is liable to the Board for any such maintenance work. Failure to pay Association for maintenance work could result in fines, collection costs, and a lien on the property.

Fire Inspections

 
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Understanding your Fire Sprinkler System

Although your Association owns your Fire Sprinkler System, every owner has responsibilities as well.

Please review the information below to be sure you are familiar with your role, and avoid damages and expenses.

 
 

Your Association owns the fire sprinkler system inside your unit and is responsible for the maintenance and upkeep of the equipment. In addition, per the Governing Documents, Article III, the Board of Directors has the right to promulgate reasonable rules and regulations regarding the use of Association Property. As a result, annual inspections of the interiors of EACH UNIT are a requirement and the company responsible for the review of the sprinkler heads must gain access to all units. Damage to one unit can affect the effectiveness of the entire system, as well as create risk for property damage and loss of life. 

Association Attorney Opinion on the Fire Inspections:

Article II, Section 6(c) of the Declaration gives the Association the right to enter your Unit to inspect the fire sprinkler system and the Association has provides notice to all Owners on this issue annually. The Association’s obligation to ensure that the fire sprinkler systems are in good working order is an important one given the obvious results of a non-functional fire sprinkler. It is important to remember that fire sprinkler issues are often not visible to an Owner because they are located within walls and ceilings. If you do not allow the Association’s inspector in to your Unit for the required inspection you may become liable for any damage caused by a non-functioning fire sprinkler. In addition, owners who refuse inspection may be subject to fining in the amount of $25.00 per day.

Dorough & Dorough, LLC

Fire Sprinkler Care

Inspection and Maintenance of Fire Sprinkler System: Homeowners are required annually to allow access to their townhome for fire sprinkler inspection. Fire sprinkler inspections are not optional. Fire sprinkler heads located in every room of the home are extremely delicate.

• Don’t paint over your sprinkler heads, as this can affect their sensors as well as their ability to pop open at the signs of a

fire.

• Don’t hang hangers or anything on the fire sprinkler heads.

• Don’t dust with anything but compressed air.

  • If you are painting your ceiling, you must be certain that the sprinkler head is covered during the process so no paint gets on the head.

  • Although the Fire Sprinkler System is handled by the Association, any owners who paint the heads, or hangs items off the heads, may be subject to the costs associated with the damage and repairs.

Any repairs needed due to homeowner failing to follow guidelines will result in total repair costs assessed to the homeowner. HOA is not responsible.


2024 Maintenance Alert Reminder

Maintenance Reminder was sent on April 8, 2024.

Homes will be reviewed by April 25th for compliance.


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Winter Weather

Did you know that as a townhome resident, it is important that we all work together to protect our property?

Whenever the weather drops below 32 degrees fahrenheit, all homeowners and residents should keep their heaters at 50 degrees fahrenheit or higher to prevent pipes from busting. For a helpful article on this subject, click the link below. 

Click HERE for the Winter Checklist

"How to Protect Your Pipes From Freezing"

Atlanta Journal Constitution