This is just a short note to address a few rumors and outright lies floating around the neighborhood.

Rumor: The vote was defeated therefore there is no HOA.

Truth: The changes to the covenants and the mandatory amendment passed in Plat 1. It did not pass in Plats 2 and 3. What that means is that from this point forward, anyone who buys a house in Plat 1 or for those owner’s in Plat 1 who opted in by vote will be bound by the mandatory provisions. All owner’s in Plat 1 will now be bound by the new consolidated covenants regardless of their vote.

Rumor: The covenants expired forever in 1997 therefore there is no HOA.

Truth: The language in the original covenants states that the covenants were to run for 20 years and then automatically renew. This myth was spread in the form of ‘loaded question’ arguments by someone opposed to the recent covenant changes. Even after explaining the true covenant language at informational meetings, that person continued to print and distribute incorrect information.  So yes, every lot in Brookhaven has covenants as follows: Plat 1 has voted to update the covenants, Plats 2 and 3 are still under the original covenants.

Question: How does the vote affect owners in Plats 2 and 3?

Answer: Owners who live in Plats 2 and 3 will remain under a voluntary association and will continue to be voluntary until such time there are enough votes for those Plats to become mandatory as well.

Question: How did the vote affect dues?

Answer: Dues remain the same as 2011.  All owner’s in Plats 1-3 will be billed for $125 annual dues in January 2012.  Of that amount $100 will cover operating expenses while $25 goes to capital improvements.  At the 2011 annual meeting owners approved using the 2012 capital fund for new lighting at the entrances.

If someone uses these arguments, please inform your neighbor there is definitely an HOA in Brookhaven, whether mandatory or voluntary. Have them contact us if they have any more questions.

Tags: covenants, feature