Frequently Asked Questions and Answers
What is Adderley Gardens Property Owners Association?
It is a non-profit corporation registered with the State and managed by a duly elected Board of Directors. Its purpose is to maintain all common areas and to govern the community in accordance with the provision of the legal documents: Covenants, Conditions, & Restrictions, Bylaws, and Articles of Incorporation.
What are the “Covenants, Conditions and Restrictions” (CCR’s)?
The Covenants, Conditions & Restrictions (CC&R's) are the governing legal documents that set up the guidelines for the operation of the planned community as a non-profit corporation. The CC&R's were recorded by the Chancery Clerk of Madison County and are included in the title to your property. Failure to abide by the CC&R's may result in a fine or other sanctions to a Property Owner by the Association. To review the AGPOA CC&R's/Declarations, please visit www.adderleygardens.com .
What are the Bylaws?
The Bylaws are the guidelines for the operation of the non-profit corporation. The Bylaws define the duties of the various offices of the Board of Directors, the terms of the Directors, the membership's voting rights, required meetings and notices of meetings, and the principal office of the Association, as well as other specific items that are necessary to run the Association as a business. To review the AGPOA Bylaws, please visit www.adderleygardens.com
Who is the Board of Directors?
AGPOA is a non-profit corporation and therefore, a governing body is required to oversee its business. The Board of Directors is made up of residents of Adderley Gardens who are elected by the owners yearly (with staggered terms), or as otherwise specified in the bylaws. The limitation and restrictions of the powers of the Board of Directors is outlined in the Association governing documents.
The Board is responsible for directing the operations of and planning for the future of AGPOA and its membership to ensure that its objective, as stated in the Declaration and By-Laws, are met. The Board consists of seven members elected by the property owners of Adderley Gardens for staggered three-year terms. The Board meets regularly and meetings are open to the public. The Board operates under Policy Governance, which ensures a moral obligation of the Board to the membership as well as a linkage to the membership.
What is my assessment?
The assessment is the periodic amount due from each Property Owner to cover operating expenses of the association and common areas, and provide for reserve funds for replacement of common facilities such as streets in future years. Your assessments are due on once a year however are payable in bi-annual installments. Statements will be sent for assessments stating the due date and the amount due.
How is the amount of my assessment determined?
The Board of Directors prepares an annual budget based upon specific guidelines for utilities, landscaping, administration, and reserve funds. Reserve funds are monies set aside for future expenses due to the life expectancy of items related to our common areas. The Budget is approved by the Property Owners at the annual meeting. The Annual Budget is divided by the number of lots in Adderley Gardens which is 52.
Will my assessment go up?
There is no concrete answer to this. The Board of Directors may need to approve an increased budget, increasing your assessment up to this percentage in order to cover increased operating expenses to maintaining the common area and sufficient reserve funds.
If I am closing (buying or selling) a home in Adderley Gardens what do I need to do?
If you are selling your home, the closing firm will want to know about the status of your Homeowners dues (if they are current or not). For an update report, contact Home-Land Neighborhood Management at 601-326-7325. Be sure to specify the property, owner involved, date of closing and where you want the information sent (phone, fax, e-mail).
If you are buying or have already purchased in Adderley Gardens, you should review the covenants which are available on this website.
Association Ownership Transfer Fee - The Board of Directors established a $150.00
I believe a violation of the covenants is taking place, what do I do?
It is very likely that the violation has been reported to Home-Land Neighborhood Management already and a letter has been written to the owner in an effort to correct it. But, if you notice any violation, please don’t hesitate to email HLNM and report the violation.
What should I do if I receive a violation letter?
If you receive a letter notifying you of a rule violation associated with your home, you will need to correct the violation within the allotted time frame given in the letter. Any questions or requests for clarification of the rules should be directed to HLNM in writing or by email. Violations that are not corrected are subject to the enforcement policy located in the Covenants and By-Laws. Owners are responsible for making all individuals associated with their home, including renters and guests, aware of the neighborhood’s rules.
I'm interested in building/remodeling. What approvals will I need?
The Architectural Review Committee (ARC) represents the Neighborhood Association in reviewing plans and granting approvals for any work to be done for new construction or modifications to any type of structure, including buildings, fences, outbuildings, and pools. If you are planning to build, remodel or modify, please check the board first. Note that the City of Madison does enforce certain building code requirements as well.