POA proposes more protective covenants

Vote expected next week on whether property owners could face fines

KAYLI MARTIN news-herald.net

The Tellico Village Property Owners Association board of directors will soon vote on more protective covenants in the community.

Chet Pillsbury, POA chief executive officer, last week gave a presentation to a large crowd of Villagers on the top floor of the Yacht Club. He said the board intends to vote on the changes at the Aug. 16 meeting.

Pillsbury said Village residents purchased developer rights when they bought a lot, which allows the POA to make changes and amendments to the protective covenants governing use of the land.

Some of the proposed amendments would establish stricter permit requirements and annual fees for rentals and home occupations. With oversight by the Architectural Control Committee, the POA could issue fines for violations on individual accounts and record liens against offenders to pursue the collections of fines and recover attorney fees in any litigation.

The amendments would also create an enforcement mechanism, including fines, for the codes department to addresses violations of the Blue Book, which contains residential construction, residential lot maintenance and permit requirements. Red Book commercial building maintenance requirements would also be covered.

Pillsbury said the POA was previously unable to levy fines or recover attorney fees. In the past, pretty much all the POA could do was send a letter to property owners requesting a violation be fixed within 10 days.

He said the notice and timeframe would not change, but under the proposed amendments, after 10 days another letter would be sent indicating a second 10-day warning. Ignoring that letter could results in fines and further action.

Property owners issued a notice would have the right to appear before the ACC and the board about the issue and potentially resolve the matter.

If there is no resolution, residents would have the option of paying the fine or having it billed to their POA account. Fines and late fees would then accumulate.

There is a point where the court tells the POA to make a decision, Pillsbury said.

“The reason I’m pointing out all of this, is this is where our world got serious now,” Pillsbury said. “Your homes can be put in jeopardy because you won’t mow your lawn.

Your homes can be put into jeopardy because you won’t take care of something around it within this POA.

“I’m not here to tell you by any shade of the imagination how you should maintain your home outside the rules the POA has set up. Period. That’s not my job,” he added. “… But we want to be clear about this, and I don’t want anybody to be surprised when we start fining. Fining is something that goes on your account, and it has to be paid.”

Pillsbury then provided an overview of some of the changes.

For example, all exterior changes — other than plants and trees — require a permit. Maintenance and replacement with the same color or item does not need a permit. Sizing and height for hot tubs, plantings and structures in easements for utilities and artificial decorations were also revised.

Rental permits were covered, adding guidelines for short- and long-term rentals.

All permits are still subject to review by the ACC and board. Members of the ACC devised a table of violations and proposed fines.

The POA isn’t trying to make money from the fines but attempting to change behavior, Pillsbury said.

“I don’t want to go down the road of, ‘Oh, the POA is trying to make more money’,” he said. “We aren’t. All I’m trying to do is convince people to do the right thing, and very often the only way I can convince them to do that is to hurt their pocketbook. That’s why these are in place.”

After 30 days, a letter will be mailed to the property owner outlining the amount of money owed. After 45 days, interest begins and accounts are forwarded to a collections firm. When 90 days pass, the POA will file a lien and suspend membership privileges with a demand letter sent from an attorney coming 30 days after the lien.

After 150 days, the POA will file a lawsuit and at 270 days past due begins the foreclose process.

Following the presentation, Pillsbury opened the floor to questions and comments from the crowd. Subjects included clarifications about the proposed changes, funding for The Public Library at Tellico Village and the Tanasi Golf Course Clubhouse rebuilding project.

Increased traffic on Highway 444 was also discussed and Pillsbury mentioned possibly connecting some community secondary roads for use by golf carts. Loudon County has already approved a roundabout near Food Lion and is awaiting state funding and approval.

One resident raised an issue about short-term rentals in the Village and how the POA could deal with the situation.

Pillsbury said property owners indeed have recourse and the proposed fines are a mechanism for taking action. He emphasized the need to address the small number of offenders rather than changing the entire community.

However, the discussion lead to a question about what homeowners would like regarding rentals in Tellico Village. Pillsbury said neither he nor the board has the ability to stop rentals, which would take a 67% vote of qualified community members to place a cap.

A comprehensive list of the proposed amendments can be found at https://www. tellicovillagepoa.org.