Frequently Asked Questions and Statements
Link to the Covenants & By-Laws

1. If I join, will I be subjected to unlimited amounts of annual dues?
   
   Answer: Increases in dues have limitations in the By-Laws where they can not go up over 10% per year. The maximum amount that can be charged is $240 dollars per year. The initial amount will be $150 dollars per year. ($15/month).
   
   Read the By-Laws- Article 5, page 10 Section 5.03 (i) for further details on due assessments.
   
    
2. I do not want someone telling me what I can and cannot do on my property.
   
   Answer: The property of ALL residents who live in West Highlands TODAY, as well as future land owners, are currently subject to Covenants and Restrictions that had already been filed by the developer at the Madison County Courthouse prior to each phase's development. Many residents perhaps were not aware of this when they moved into this neighborhood, but legally all residents can be held to these restrictions. In addition, the city of Madison has city ordinances which must be maintained by all residents in Madison.
   
   In the past, the lack of interest to enforce the rules have resulted in many violations existing today. One of the goals of the WHNA will be to enforce these C&R's, in which ALL residents are currently under via an appointed committee. This will maintain excellence in our neighborhood. (See Article 2, page 4).
   
   See the Covenants and Restrictions specific to your phase in this information. Also, reference the By-Laws Article One, Page 1, Section 1.01.
   
    
3. I am afraid that if I join, then additional Covenants and Restrictions will be placed on my property in the future.
   
   Answer: One of our goals in the WHNA is simply to UNIFY the five sets of Covenant and Restrictions that exist in our neighborhood today, not to add additional restrictions. This means that it is our goal to collectively make the current C&R's as one set, for simplification purposes. Additionally, the By-Laws state that there are situations where a 2/3 majority of the total membership are REQUIRED. Changes to the By-Laws and the Articles of Incorporation are two of those instances.
   
   Reference By-Laws Article 2, Page 4, section 2.07. 
   Reference Article 4, Page 9 Section 4.0
    
4. How do I join the West Highlands Neighborhood Association?
   
   Answer: Join today by completing the New Member Form and emailing it to the Board President.
   
    
5. I do not want a small number of people controlling the WHNA.
   
   Answer: We do not want that either, therefore, it is imperative that ALL who join become ACTIVE and attend meetings as necessary so that your concerns and voices can be heard. The structure of the Officers and the Board of the WHNA are detailed in the By-Laws Article 6, pages 14-21.
   
    
6. How were the By-Laws formed and written?
   
   Answer: Our current By-Laws including the lien wording texts were patterned after five (5) other HOA's that exist in Madison today. (Liberty Knoll, Park Meadow, Heritage Plantation, Edgewater, Huntington Chase.) Much research went into their development. Once the initial set of By-Laws were done, our attorney made the necessary changes to make them operational.
   
    
7. How much power will the Architectural Control Committee (ACC) have? Who will make up this entity?
   
   Answer: The ACC will have only the amount of power that the WHNA and the law allows. As mentioned previously, All properties are currently under an ACC as stipulated in your set of C&R's. Currently, the ACC will be made up of residents here who have checked on their survey their desire to fulfill this role. Currently, there are about 14 persons who have expressed an interest based on their survey data. Bobby Smith (Deveron) has been appointed by the Board as the ACC Chairperson and this committee is in the initial phase of formation.
   
    
8. Why do we need the WHNA if the city will maintain our entrances, park, pond?
   
   Answer: The city will NOT maintain land owned by others. In Alabama, it is the property owners who have the responsibility of maintenance. This also applies to easements on private property (City of Madison Nuisance Control Ordinance- Section 12-20) Both entrances fall into this category. 
   
    
9. Why can't we form a voluntary club, such as a Beautification Board instead of the WHNA?
   
   Answer: Several reasons exist.
   
   Having a club has more liability issues than forming a nonprofit entity, according to the 3 attorneys that were contacted. For example, if you were having a work day, and someone injured themselves on another's property, in some instances the owner could be held liable, in particular in regarding lack of maintenance issues. Also, what if a resident held a 'social' in which alcohol was served.. The host could possibly be held liable if an injury occurred. Having a nonprofit entity limits the liability of its Members, Officers, and the Board. 
   
   Having a club would limit our options and make us dependent on others for maintenance of areas such as the park, pond, and the entrances. This has been the situation until now, and it is apparent that this avenue isn't working. Even if we did have volunteers to mow, without the lighting and sprinkler system working, what benefit is it. The city will not pay these bills and the lot owners at the entrances should not be expected to pay either.
   
   Once formation takes place, avenues will be explored regarding these issues of maintenance. We as an organization can vote on what we want and do not want to pursue. For example, if we choose to own the park but not the pond, an informal club cannot be deeded property, for it is not a legal entity. Another example of this would be if we decide to reach an agreement with individual lot owners in which the entrances lie, this requires the HOA to be a legal formal organization to prevent future liability. 
   
   Voluntary clubs over time simply do not work. Evidence of this can be seen in Meadow View, Silver Creek, Madison Trace. We all have good intentions, but over time more complacency evolves and lack of interest. Then, we would be left with the same problems we face now. Club members would require to renew their 'membership' which could vary financial resources from year to year. Preparing budgets and accomplishing goals would be more difficult. 
   
   A formal HOA preserves the organization over time. Membership will never go down but will only increase with time. This is accomplished by membership being legally tied to the lots, as is common in ALL HOA's that were researched. We officially formed the WHNA on March 10, 2002.