Frequently Asked Questions

What is the HOA?

HOA stands for HomeOwner's Association.  Westchester Place HOA, Inc is the legally incorporated nonprofit established by the original developer, EGBP Development, prior to the initial sale of homes.  The HOA is administered by an elected Board of Directors of Westchester Place for the mutual benefit of all residents within the community.  The HOA's goal is to make Westchester Place a highly desired place to live.  We encourage each and every resident to be an active member of the community.  Please read the Bylaws and Covenants of our community fully.  Many of us have heard the tales of a HOA Boards being mad with power.  It is not our desire to fine or place liens against residents of the community, but the Board will be vigilant in enforcing the Covenants. Thanks for doing your part to be sure that we, as residents, adhere to the guidelines that are designed to uphold the value and beauty of our community. 

Am I a member of the HOA?

Pursuant to GA Law anyone who owns a home in Westchester Place is automatically a member of the Association.  You CAN NOT choose to exclude yourself from membership.  HOA Membership is automatically extended to the spouse of a homeowner.   All members must pay assessments to and abide by the restrictions of the association.

How often does the HOA Meet?

Pursuant to GA Law, the Declaration and Bylaws the HOA is required to meet once a year.  This is called the Annual Meeting.  Typically, it is held in the Spring after Annual Assessments have been paid.  In the interim the Board of Directors may meet as necessary to carryout the affairs of the HOA.  The Board of Directors periodically have General Meetings to update residents on community affairs.  A Special HOA Meeting may be called in any of three ways -- 1) by the President, 2) by three Directors or 3) by Petition of 25% of Members presented to the President.

Who are the Board of Directors?

The Board of Directors are residents who live in or own homes within Westchester Place.  They are  responsible for the day-to-day governance.  The Board is governed by, and acts pursuant to, the Declaration, Bylaws and Rules of Westchester Place, as well as the non-profit corporate code under Georgia law.

How are board members selected?

Pursant to the Declaration of Westchester Place, an election is held at the Annual Meeting.  The Annual Meeting is typically held in February after Annual Assessments (HOA Dues) have been paid.  Members must be current as of the election date with all assessments and/or fines to vote.  Members not current are considered inactive and shall have voting privileges suspended until current. 

How many Directors serve on the board?

Pursant to the Declaration and Bylaws of Westchester Place, The Board of Directors consists of a minimum of two directors and maximum of five directors.  

How long is the term of each board member?

Pursant to the Declaration and Bylaws of Westchester Place, each director serves a two year term or until his or her successor has been elected or they resign.  The terms are staggered so as to promote continuity.

Does the HOA have Officers? 

Yes.  Pursant to Georgia Law and the Declaration and Bylaws of Westchester Place, the Board of Directors must elect a minimum of 2 officers President & Secretary and others as needed.

Why is the HOA also called a POA?

From its inception Westchester Place Homeowners Association was subject to the GA Property Owners Act. Traditionally this is done after a Builder has sold all homes in a community.  Homeowners are given greater protection and enforcement from the statutory powers of the GA Property Owners Act.  Liens are statutory and automatically arises when a homeowner is delinquent in payment of assessments or fines to the HOA. Delinquent Homeowners will receive a Notice of Lien.  LIENS DON'T HAVE TO BE RECORDED.  WHEN A LIEN IS RECORDED IT BECOMES PUBLIC RECORD. Anyone wishing to Purchase or Refinance a home must EXERCISE DUE DILIGENCE BY CONTACTING THE HOA TO ASCERTAIN IF THERE IS AN EXISTING LIEN.

What is a Notice of Statutory Lien? 

Statutory Notice of Lien is a notice that there is a lien placed against a property that has a delinquency to the Association.  That property lien is a form of security interest granted against real property to secure the payment of a debt, and it arises pursuant to statutory authority for delinquency home owners, per O.C.G.A. § 44-3-220, et seq.,.  This Statutory Lien automatically arises when a homeowner is delinquent, and a Notice of the Statutory Lien is placed by the Association in the County’s land record to reflect the fact that money is owed to the Association.  Liens will be reflected on your credit report and affect your credit score.

What is a Modification Request Form (MRF)?

Pursant to the Declaration and Bylaws of Westchester Place, a Modification Request Form, commonly called a MRF, is used to CONTROL ALL EXTERIOR CONSTRUCTION and Major Landscaping Projects within Westchester Place.  Exterior refers to the outside of your home.  Examples include Installing a Privacy fence or Irrigation and additions like a Porch or Deck.  You may also need a permit from Gwinnett County Planning and Development as well as approval from Gwinnett County Code Enforcement during construction.  The Board shall be the SOLE ARBITER of such pIans and may withhold approval for any reason, PROJECTS MAYBE REJECTED ON PURELY AESTHETIC REASONS!!  The Board shall be entitled to stop any construction or initiate action for removal of construction in violation of these restrictions. You MUST complete a Modification Request Form (MRF) and get approval BEFORE beginning.  IF YOU COMMENCE WITHOUT APPROVAL you will be subject to a fine of up to $1000 and/or a daily fine of $25 for each day you are in violation as well as any legal expense incurred to enforce removal of your VIOLATING CONSTRUCTION!!