What changes are we proposing to make to the Covenants?

In summary, the changes we are making remove outdated references to the Declarant and improve Westbury’s legal obligation to maintain the Community Wide Standard.  We are also removing verbiage so the original mailbox is not an option for upgrade.  Questions we have received are below.  If you have questions not answered here, please contact us.


Where can I get a proxy ballot?
Click here to print the ballot, then mail to us (our address at the bottom of this website).


Are changes like this normal for young subdivisions?  Has our attorney reviewed this matter?

Yes, changes like this are normal for young subdivisions with relatively new homeowners associations.  Westbury’s Attorney is Mike Zinner of Weinstock & Scavo, P.C., 3405 Piedmont Road, N.E., Suite 300, Atlanta, Georgia  30305.  


How does the Westbury Board of Directors suggest we vote?  Is the BOD and ARC In favor of these changes? 

The BOD and ARC encourage you to vote YES IN FAVOR of Amendment 3.  These changes will allow Westbury to maintain the Community Wide Standard which is designed to maintain/increase our home's property values.


I recently moved into Westbury and the previous homeowner did not upgrade the mailbox.  How long do I have to upgrade? 

The BOD and ARC are sensitive to new homeowners who have moved recently to Westbury and did not have had the 12 + month announcement window that was given to the rest of the association.  Please contact the ARC to discuss an extension.


What specifically in our Covenants is  proposed to be amended?

Article 1, Section 1.7, “Community-Wide Standard” of the Declaration currently reads:

1.7   “Community-Wide Standard” (CWS) means the standard of conduct, maintenance or other activity generally prevailing in the Community.  Such standard may be more specifically determined by the Board of Directors of the Association.  Such determination, however, must be consistent with the Community-Wide Standard originally established by the Declarant.

This verbiage refers to the BOD having control over the Community Wide Standard (CWS), but the reference to the Declarant restricts the BOD to the Declarant established CWS which is not always going to be ‘current’.  This verbiage was a legal helper for the Declarant during build out, but it is a hindrance to this association’s ability to maintain the current CWS.  Westbury Association attorneys have advised the following update which is typical and standard in communities similar in size and location as Westbury.

Article 1, Section 1.7, “Community-Wide Standard” of the Declaration would be amended as follows by removing the last sentence in 1.7:

            1.7 “Community-Wide Standard” means the standard of conduct, maintenance or other activity prevailing in the Community.  Such standard may be more specifically determined by the Board of Directors of the Association.

Article 6, Section 6.7, “Architectural Review Committee” of the Declaration currently reads:

6.7   Architectural Review Committee.  Until (a) the Declarant no longer has the right to unilaterally annex additional property to the Community; and (b) each Lot has been improved with a dwelling for which a certificate of occupancy has been issued, the Declarant shall have the sole right, power and authority under this Article.  There shall be no surrender of this right except in a written instrument in recordable form executed by Declarant and recorded in the land records of the Clerk of the Superior Court of the county where this Declaration is recorded.  Upon expiration or earlier surrender in writing of all or a portion of such right and authority, the Board of Directors shall appoint an Architectural Review Committee of the Association, which shall then have such jurisdiction over architectural control under this Article as may have been relinquished by the Declarant.  The Declarant may in its sole discretion relinquish architectural control as to certain types of improvements or modifications to the Architectural Review Committee while retaining control over all other building and construction in the Community.  For example and without limitation, the Declarant may relinquish control over modifications of existing structures to the Architectural Review Committee while retaining all authority to review and approve new home construction.  Any right, power or authority of the Declarant which may be relinquished to the Association prior to the termination of the rights of Declarant hereunder shall be by written recorded instrument only and no such right, power or authority shall be relinquished by implication or otherwise.  The establishment of any advisory Architectural Review Committee shall not be deemed to be a relinquishment by Declarant of any of its right, power and authority hereunder.  After the termination of all rights of Declarant hereunder, the Architectural Review Committee shall have all right, power and authority to review and approve building and construction activity within the Community hereunder and this Article shall then be read and interpreted as if any reference to the Declarant in this Article 6 were a reference to the Architectural Review Committee.

Article 6, Section 6.7 would be amended by deleting said Section in its entirety (to remove all of the references to the Declarant) and would be substituted the following section which we hope you will agree is easier to read and understand:

            6.7 Architectural Review Committee.  The Board shall appoint an Architectural Review Committee (“ARC”) of the Association which then shall have, together with the Board, jurisdiction over architectural control under this Article.  The ARC, together with the Board, shall have all right power and authority to review and approve the construction, alteration and addition of improvements within the Community as provided in this Article 6 and this Article shall be read and interpreted as if any reference to the Declarant in this Article were a reference to the ARC and the Board.

7, Section 7.24, “Mailboxes” of the Declaration currently reads:

7.24   Mailboxes.  All mailboxes serving Lots shall be approved in accordance with the provisions of Article 6 hereof.  Identical replacement mailboxes may be installed without further approval; but no modification to or change in mailboxes may be made unless approved in accordance with the provisions of Article 6 hereof.

Article 7, Section 7.24 would be amended by deleting the section in its entirety and substituting the following Section:

7.24  Mailboxes.  All mailboxes serving Lots shall be approved in accordance with the provisions of Article 6 hereof.  Owners may not replace mailboxes without the prior written approval of the ARC or the Board.  The ARC or the Board may, require an Owner to replace, at such Owner’s expense, the mailbox serving such Owner’s Lot with a mailbox specified by the Board or the ARC and being of a make and model and having such specifications as are required by the ARC or the Board.

This change would allow the BOD to ensure that the original plainer looking mailbox is not an option for replacement.  This verbiage allows the ARC and BOD to recommend a community wide standard mailbox, and it allow variations from the approved mailbox from homeowners who want to upgrade to something unique, and have it considered by the ARC and the BOD.