Harris Estates Homeowners Association (HOA) was officially established on November 26, 2007, with the signing of the Declaration of Covenants, Conditions, Restrictions, and Easements by the developer, Jeff Lindsey Communities, Inc. This foundational legal document, known simply as “the Declaration,” has guided the neighborhood since its inception. The Developer desired to provide for the “preservation and enhancement of the property values in Harris Estates Subdivision and for the maintenance of the property and improvements thereon” through the Declaration.
SIDE NOTE: The top eight factors in determining property values according to Opendoor.com are: Neighborhood comps (recent sales), location, home size and usable space, age and condition, upgrades and updates, local market forces, economic indicators, interest rates (https://www.opendoor.com/articles/factors-that-influence-home-value)
In May 2009, once an official Board of Directors was formed, the Architectural Control Committee (ACC) Guidelines were drafted and approved by homeowners. These guidelines serve a specific purpose outlined in the Declaration:
“The intent and purpose of the ACC Guidelines is to preserve the great charm and natural beauty of Harris Estates through a coordinated plan of development. It is assumed that each homeowner in Harris Estates shall be motivated to preserve these qualities through community cooperation and by enforcing not only the letter but the spirit of this instrument, ensuring that each covenant, condition, and restriction achieves the objective of maintaining the splendor of the community and property values therein.”
Over the years, the ACC Guidelines have been amended multiple times to reflect evolving homeowner priorities for maintaining the neighborhood’s charm and natural beauty. However, the Declaration itself remains unchanged since 2007.
Neighborhood Changes & Homeowner Engagement
Since 2007, approximately 43% of the original Harris Estates homeowners have moved away, marking significant transitions over the past 18 years. At the time of this article, two homes are listed for sale, one by an original homeowner. Residents have left Harris Estates for various reasons, including downsizing, job relocations, and personal circumstances.
All of our homeowners at the time of home purchase legally accepted what the Developer created in our Declaration. Since 2007, Georgia has passed various laws that render various portions of the Declaration invalid. Some homeowners have expressed over the years that some of the restrictions are excessive. Others are very comfortable with all the restrictions as written.
In 2022, a homeowner survey was conducted to gauge interest in amending the Declaration and ACC Guidelines on topics such as fences, signage, and paint colors. The results indicated that the neighborhood was not ready to revise the Declaration at that time.
Following this survey, the Board consulted the HOA attorney regarding inconsistencies between the Declaration and ACC Guidelines. It was determined that the ACC Guidelines needed revision to ensure they did not exceed or contradict restrictions set forth in the Declaration (Association Meeting Minutes, October 29, 2022). Additionally, the HOA attorney offered legal assistance to amend the Declaration at no cost to HOA.
Why Review and Amend the Declaration?
Legal documents governing human communities evolve over time. The U.S. Constitution, for example, has been amended 27 times, while Georgia’s state constitution has undergone 91 amendments and currently exists in its 10th version. Several local homeowners’ associations have amended their Declarations in Newnan to include the Summergrove and Lake Redwine neighborhoods.
Governing documents need updates over time. Unclear or conflicting legal language must be revised for clarity and compliance with state regulations and court rulings. Opinions on aesthetics, rentals, and leasing agreements also change.
According to hoamanagement.com:
“It is a good idea to review your governing documents every 3 to 5 years. During your review, make sure to check whether there are any provisions or stipulations that are outdated or are no longer in compliance with the law. It is best to have your HOA attorney help you with this.”
Maintaining the Declaration
Although the Developer created the Declaration, the company did not always follow all its provisions. The HOA and the ACC often showed leniency instead of strictly enforcing every rule (e.g., street parking, graduation signs, untidy yards). They usually act when a minor violation becomes unsightly or unacceptable to the neighborhood.
Moving Forward: Community Participation
Amending the Declaration requires 75% of homeowners to sign the revised version (Article V Section 8). While every resident wishes to preserve the neighborhood’s beauty and character, the goal is also to ensure all homeowners can fully enjoy their properties without excessive restrictions.
To maintain community standards, the HOA website provides a tool for submitting concerns about visible property issues. ACC volunteers review these submissions, work with homeowners, and seek reasonable resolutions.
Many properties in Harris Estates experience landscape challenges such as creek beds, elevation changes, dense tree coverage, irregular lot shapes, and septic systems in backyards. Thoughtful amendments to the Declaration could help residents navigate these obstacles while maintaining the neighborhood’s integrity and visual appeal.
Next week we will discuss revisions to the Declaration concerning tree removal.