The Forsyth County news. (Cumming, Ga.) 19??-current, June 10, 1990, Page PAGE 3A, Image 3

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The Bay Colony neighborhood association enforces covenants By Brad Hundt Staff Writer After being paralyzed in a truck ac cident six years ago, Charles Youngb lood thought his legal battles had just recently subsided. However, Youngblood and his wife Doris are now locking horns with their neighbors in the upscale Bay Colony subdivision just north of Gumming. According to the couple, leaders of the Bay Colony Community Associa tion have harassed them over a swim ming pool, jacuzzi, fence and convert ed garage area Youngblood needs for therapy - even asking the Youngb loods to remove them and resubmit their plans for the Association’s approval. Because of this, the Youngbloods have asked lawyers with Liberty Mu tual Insurance to intervene in the matter. “They want me to tear this down, and I’m not going to do it,” Ms. Youngblood said. “Nobody told me they had these rules. No one gave me a copy of these rules. I’m not going to do this to satisfy them.” Wonder truck with nearly nine lives By Brad Hundt Staff Writer Legend has it that cats have nine lives. But Forsyth County resident Allen Cronan is beginning to believe his 1988 Dodge Ram pick-up truck has nine lives as well. Especially after it sank to the bottom of Lake Allatoona - but is still purring like a kitten after a few minor adjustments. “I swear I ain't seen nothing like it," Cronan said. "I was totally shocked when the truck was running the way it was." Cronan’s adventure began late May 22, when he was hooking his boat up to the back of the truck after participat ing in a day-long fishing tournament. The truck popped out of gear. The weight of the boat caused the truck to go backwards. Straight into the lake. SMALLWOOD’S Z C 2168 Canton Hwy. - Cumming I Power Equipment - Lawn & Garden Supply Fertilizers - Animal Feed if v WIN THE WAR AGAINST lawn weeds. L_J NOW JUST M jSUL • Kills on contact (roots and all) I (Spectracidq s • For all lawns (southern or *** w w = l lawn weed IS If ..... northern grasses) V Kl ii£ R J • Kills most problem broad leaf weeds including: dandelions, Quart size °"“IL clover, plantains, chickweed & makes up to 32 gal. nSpectracide® ROSE & GARDEN /**"> INSECT SPRAY 4pectracw\ * Widest protection: roses, ittsT&GARQB tomatoes, flowers, vegetables, shrubs & houseplants -• Low odor • Safe for use up to harvest time ' • All natural product ®i $339 T'/'7- %0 AEROSOL . v S TOTAL FLEA CONTROL TICKS—^ HERE! FLEA & jm SHAMPOO k T»CK r | R i^ F | e^YAK RD | FLEA ANIMALS )=l for Dogs & dffiMjjjS • Covers3,soosq.ft. } r Cats • Dursban r —1 Kills Fleas & Ticks. Kills Ticks & Fleas • Use in yards & dog pens RWjfleo NOW JUST now^ult" o^' i&imM now jus 1 now just HI *3” S *3“ £]d *6“ size K- size “They want them to tear down a room and rebuild it - a room designed so a quadrepeiegic can work out and regain his ability to move? C’mon,” said Mar tin Findley, the Youngb loods’ attorney. A letter sent to the Youngbloods May 7 by the Bay Colony Community Association, warned the couple about their “failure to conform” to Architec tual Control and Protective Covenant codes in the community’s Covenants, Conditions and Restrictions. The let ter also described as their “prime concerns” the addition of “another room” to the residence, addition of an in-ground swimming pool, and the placement of the fence around the pool and jacuzzi. The Youngbloods say they weren’t told about the community’s covenants and codes when they bought the house through Pioneer Realty in De It sank 15 feet to the bottom and stayed there for an hour-and-a-half. “That was a sad sight I could’ve cried,” Cronan said. As he sat on a guardrail near the lake waiting for a tow truck, Cronan’s hopes began to buoy, however, when he noticed the truck’s inside and rear blinking lights were still on. He said he knew then the truck “couldn’t have been damaged that bad.” And to his surprise, it wasn’t All Cronan needed to replace was a com puter module, he said. Sure, the fuel injectors needed cleaning and the up holstery is still a little musty smelling, but the truck runs “as if nothing had happened to it” Cronan explained. Trucks or cars surviving that sort of water damage is an almost unheard of rarity, said Tom Allen, of Troncalli Chrysler-Plymouth-Dodge in Cum ming. When water gets above the Spectracide* LAWN & GARDEN ( Igr \ <__J ' INSECT CONTROL l . (Concentrate) / n __ —— Protects more ( i / ~ areas (lawns, vege- V 7 v r’/SaectracidA - tables, fruits & nuts, \^“ \ aiyts l-H roses, flowers, ] jSs rtTvi V—g”"*/ trees, shrubs.) jfj^j| NOW JUST HH ||| ? —-e $ 5" Pint Size SPECTRACIDE® Pruning Seal J, • Protects Tree Wounds From Disease S* Won't Crack • Effective Waterproofing Formula • Won't Clog - Does Not Have to be Turned Upside Down to Clear Valve. NOW JUST $039 13 oz size cember. And if they were, Ms. Youngblood says she would’ve told them to “stick them in their ear” and would never have bought the house They also say the community asso ciation waited until construction on the projects was complete before they said anything. A 1 Posada, president of the Bay Col ony Community Association, declined to comment on the Youngbloods’ situation. Charles Youngblood was paralyzed from the neck down in July, 1984 in a North Carolina truck accident He needs the specially-outfitted room so he can go to the bathroom and take showers. It also needs to be accessible for fire or emergency personnel if the need arises, Mrs. Youngblood said. The couple received a permit from the county to convert the garage to a bedroom for Youngblood. A friend of the couple who happens to be an ar chitect designed the room, and friends who were builders construct ed the room. Now, the Youngbloods say, the Homeowners Association wants them to tear down the roughly $30,000 room, and resubmit their plans to the staff photo - By Brad Hundt Allen Cronan with his mysterious pickup dashboard in a car, it’s usually de clared a total loss, he said, because the engine is usually flooded and oth er parts are severely damaged. Cronan said his insurance company issued him a full payment for the loss board for their approval. “They want them to tear down a room and rebuild it - a room designed so a quadrepeiegic can work out and regain his ability to move? C’mon,” said Martin Findley, the Youngb loods’ attorney. Findley acknowledged the tall fence built around the couple’s pool and jacuzzi might be a violation of the Associations' covenants and restric tions. It currently sits on the builders line adjacent to the house. Mrs. Youngblood maintains she put the tall fence in place to prevent neigh borhood children from falling into the couple’s pool. Ironically, Findley lived in the house before the couple bought it and served on the Board of Directors of the Bay Colony Community Associa tion. He maintains the Youngbloods’ are victims of "selective enforce ment” of the community’s codes and restrictions. The couple received a substantial financial settlement from the truck ing company following Youngblood’s accident They said, though, they’re eager to stay out of the courtroom with this battle. Mrs. Youngblood also said of the truck after it took the plunge. But even the radio still works fine in the truck. "It's quite a truck,” Cronan said. “I seem to be getting better gas mileage since it sunk.” IM/M j Whirlpool Refrigerator || T 1 Model t J2SUMXV I* " l^ufiigcralor/ j •* 1 M** ,» * A.it.-f»jTic tre ‘.v *,« .• , f„r»jit*a m * .» w. .4-.c;f .o -1- 4.. '• i, ..t aw, r.., t . if., '..if, 4.1 H .,r. . f.v* ;t »• *■ • Al ifi j .4 >.v . . i ii.i.'L » 1- •’ UZi Electric Whirlpool Range 'EHHMMI Model if . WI-3658XW |i ftAjfuung Sell-Cleaning Oven • A Air ri.jtu MFAtTIMfP* Clock wiftt Mirv i/tu firr«jf •(. i't .nr. Mr «i i 4.tn A• 1 0 U' 1 I/A . 6 M.Jf, r ,i ,r f> k«j Uf.»S • jObd t*. > s <>I«US- r.ul.U* r . T-Al^u v 1 y ■See These Other Great Whirlpool Savings- rzz ' Whirlpool Refrigerator Model • No Frost • Powder Coated Shelves PRUITT’S fl FURNITURE T V APPLIANCES SALES-SERVICE-RENT TO OWN MOVIE RENTAL LARGE SELECTION FORSYTH COUNTY NEWS —SUNDAY, JUNE 10, 1990 r* ■ 1!' f _ (is: > KB uHrKk ',, staff photo - By Brad Hundt the couple wants to move out of Bay Colony as soon as landscaping work is done on the home Alleged attack investigated By Kristin Jeffries Staff Writer The Forsyth County Investigations Department is looking into the al leged battery' of an 18-year old Cum ming man by 87-year-old man. Paris Bennett of Cumming was re ported by witness Mary Ann Burk halter to have hit Thomas Krizka in the head with a stick Wednesday, sending him to North Fulton Region al Hospital with head injuries. According to the police report Krizka, a tenant of Bennett’s in his trailer park, was talking on the pay phone outside of Bennett’s Store. Bennett asked Krizka to get off the phone and was refused. Bennett went back into the store. When he came out he hit Krizka in the head, above his right ear, causing a four to five inch cut, reported Cpl. Rod Johnson. Burkhalter reported the incident was witnessed by Bennett’s son, Coun ty Commissioner Michael Bennett, and a woman at the store. Fall Size Whirlpool thin twin- SBSKf Model f) 1 IWOOUXT ‘ l-o. ‘.Tving LJ J - ,JU • Ger.no .visr, • ? /Aiin A Sf> f • 6 >Vl.’ •... • If /. It- .r t,.\,• .1 .Vjl Ut lo I ... •b-ee> ' (' 4M,l fed • .*.l ’re f.-.Jt . ‘ Upright Wliirlpool freezer Model fvisorfxs • !«»4 • ' V.- .lyT ,;.ti *. i -jf t . ••• j ~t iC-hj k ,»>' I'.- .*><.•' Je- -i» S' »>utv li v • y S SI Charles Youngblood “We have been in court for the last six years.” Youngblood said. “We want to be left alone.” “As far as I know a pay phone is open to the pub lic,’’ he said. Krizka is in North Fulton Regional Hospital in the progressive care unit in satisfactory condition. "My speech has been drastically im paired. there is no feeling in my left arm or hand, my eye sight has gotten worse and I have a hemorrhage in my brain." said Krizka. He had been on the public phone at the store almost an hour when Ben nett approached him. said Krizka. “As far as I know a pay phone is open to the public.” he said. He plans to file a warrant for Ben nett's arrest when he is out of the hos pital. In the meantime the case is open and being actively investigated r— < A*» Wfiirlpoo! Refrigerator Model Ijjp I UzSPQXV ............ ~.. < r /..I ..♦«•!» ,„.ij «., 0 fc ,. .y “ .4 ti. V. •..■!. A. ! h.jlloff *• • Mite-.». *.» v—^ C » , , Undercounter 7 Whirlpool Dishwasher | ft • tb T'yctft'robins w'tn 6 Aajfoff »J' r>.«: i • vji if bystf>n . f« >.*.lf* . t►' .** .ite -- .niVd- , . . lihino ->; i ir.t f.‘ iij.'ivt, /A3if ■)[?>.. ('<***Automatic Whirlpool washer Model IASSIOXT - ] i arqe Capacity Washer • 2 Speed • 5 Cycle • Magic Clean Filter V y CUMMING 606 OLD BUFORD RD 887-7551 OPEN9AM 9PM Sunday IPM-SPM f&nPi PAGE 3A ALPHARETTA 748 N MAIN ST 475-5751 OPENB A M.-7PM