ORCHARD KNOLLS HOMEOWNER’S ASSOCIATION (OK-HOA)

WWW.ORCHARDKNOLLS.ORG

MONTHLY BOARD MEETING MINUTES

November 11, 2002

BOARD MEMBERS (BOD) PRESENT:

PRESIDENT Richard Schinner 301-977-5196 evantage@aol.com

SECRETARY Jerry Way 301-977-0523 jerswing@aol.com

TREASURER Mohammed Homaitabar 301-318-8446 homaitabar@yahoo.com

VP TOWNHOMES Eileen Solomon 301-330-2876 zeppsol@aol.com

VP S.F. HOMES Open

ARCHITECTURAL REVIEW COMMITTEE (ARC) PRESENT:

MEMBER Kathy Wyatt

GUESTS:

Rita Becker, Property Owner
Dennis Zepp, Property Owner

  1. CALL TO ORDER: Meeting held in Eileen’s home (Thank You Eileen), called to order 7:30 Pm.
  2. GUEST PRESENTATIONS: None.

III. APPROVAL OF MINUTES - Minutes are posted on web-site at least one week before board meeting. President called for changes or amendments. Hard copy of last month minutes was made available to anyone that had not reviewed. There were no further changes or amendments. Motion made to accept. Seconded. Carried.

IV. ARCHITECTURAL REVIEW COMMITTEE (ARC):

ARC Disposition Letters Still Missing: Rick noted that he had still not seen letters from ARC Chair to owners from October, or September. Jerry noted he had not received copies to place in property files for several months. It was noted that the 60-day response cycle had expired on ARC requests from August and September.

Removal of Arc Chairperson: Jerry asked if our attorney had provided guidance on our July query to replace Paul in this position. (See July 8, 2002 Minutes "ARC Chairperson Out-of-Step with Rules - Unwarranted Accusations"). Rick said attorney had not responded. Jerry noted that in earlier board member open discussions with Paul, it seemed that he was not in agreement with ARC Mission or Principals identified in our Covenants (Article VIII) that identify the goals and mission of the ARC. Jerry notes that whoever occupies the Chair position should be in agreement with ARC Mission and Principals. Board agreed, but noted that Paul needs opportunity to defend his views on this matter.

Discussions regarding removal of Arc Chairperson resulted in unanimous recommendation (All present) to request that Paul Andrew Hughes step down from this position, or be dismissed. Rick agreed, and asked Kathy Wyatt if she would accomplish the backlogged letters. Rick will assist Kathy in getting the backlog letters out quickly. It was agreed that Paul could remain on the ARC committee as a member representing his views, however another member would be required to create an odd number. Dennis Zepp and Rita Becker agreed to fill in as an Acting ARC members until the Annual Meeting. Rick will call Paul on this matter.

ARC Requests Processed: In absence of Chairperson, Kathy Wyatt will notify owners of action taken:

12001 Citrus Grove Rd Satellite Dish Temporarily rejected. Is there a less obtrusive location?
12001 Citrus Grove Rd 2 New Windows Approved
12001 Citrus Grove Rd Siding Approved
7 Citrus Grove Ct  Fence Temporarily rejected. Aesthetics, Need Pictures. 5 foot? 4-rail?
12011 Pineapple Grove Trim Color Change Approved
12011 Pineapple Grove Door Color Change Approved
12011 Pineapple Grove Shutter Color Change Approved

  V. OLD BUSINESS

12011 Cherry Blossom Place - Behavior Problems – Our attorney advises us that the alleged October 31 eviction notice was not actually an eviction. Instead, it was a notice of lease expiration from the owner (Maryland Housing Partnership) to the tenant. Our attorney, and attorney for the owner, visited the residence shortly after October 31 – the tenant had not vacated. Local neighbors indicate that the mother appeared to leave on the 31st and that minor children may be living in the residence without adult supervision. The tenant told the attorneys that she "had no place to go". Owner’s attorney will continue in the process of removing the tenant. Our attorney advised us that Montgomery County has a "lenient eviction policy" followed by a possible "lenient eviction effort by the Sheriff’s department". Therefore removal of the tenant may take some time. Our attorney will continue to apply pressure to have the tenant removed.

12011 Cherry Blossom Place - Motorcycle on lawn, Chain Locked to Tree - Resident has a motorcycle, under blue tarp, locked to a tree, on the front lawn. Our attorney will write a letter to the owner of the motorcycle allowing 15 days to remove it. After the 15 days, the board will arrange for it to be towed away.

Potomac Garden Center; Agreement Items Not Complete- Rick noted that several PGC items of our agreement were still not complete, although the deadline had elapsed. Mohammed advised us that Mr. Angell was aware, in agreement with all items, and would complete all items shortly.

Potomac Garden Center; Abandoned House Complaint – Mohammed advised that Mr. Angell was "upset" because "the Homeowner Association complained to the county about …"PGC’s abandoned house on Rt. 28 "resulting in County inspectors coming to his property". Rick advised Mohammed to communicate to Mr. Angell that the Homeowner Association has not complained to the county regarding this matter.

Tot-Lots; Existing Play Areas – Contractor removed all equipment identified by neighbors as possibly unsafe and disposed of it this month. Contractor has prime painted the SeeSaw and will return to apply final coat of green when the weather dries. Jerry noted that TML measured the three lots for quoting a cost for split-rail fencing this month. This is in response to families that have asked for some type of barrier or perimeter fence to keep toddlers within confines of tot-lot borders.

Tot-Lots; Play Areas Upgrade Project – Kathy Wyatt gave a positive report on progress in formulating the committee. It is already "staffed" with five volunteers, including Mr. Leonard (15713 CBL) - more expected to join shortly. This project is expected to evolve into a Proposal and Estimated Cost presentation for the Annual Meeting in January. Mr. Leonard has provided some equipment catalogs. Kathy requested square footage of the tot-lots. Jerry noted that TML would have the data from earlier split-rail fencing measurements, and that he would get the data to Kathy shortly. Jerry noted that Orchard Knoll’s previous playground equipment contractor "All Recreation of Maryland" has already measured our lots and wishes to present a proposal within a week. He referred the contractor to Kathy Wyatt. The current committee had already met and is planning another meeting shortly.

Cherry Blossom Place Sign Relocation for better Visibility – Complete.

Gazebo Retaining Wall Upgrade – Complete

SHA - Underground Entrance Conduits at Blackberry Drive & Center Island Installed – For the Record: A four-Inch empty conduit (Future Project - Sprinkle Center Island) was installed from east curb to center island, terminating 5-feet north of the northernmost tree. A two-inch empty conduit (Future – Two Streetlights on Center Island) was installed same as the four-inch. A three-inch empty conduit (Future Project – Terminate West Sprinkler Connection from 15730 Blackberry Drive – Connect to existing east system) was installed from east curb to west curb without break at Center Island. Complete

HOA 25-MPH Speed Signs –In storage until county completes their obligation.

15715 Cherry Blossom Lane, Poor Maintenance, Board Intervention – Postlight replaced to meet Townhome Community standard. This completes the action items requested by the board.

Newsletter – Rick noted that he had received 3 articles, needs more. Several subjects need addressing. Eileen and Jerry agreed to provide text on several topics, including the upcoming Annual Meeting. Kathy will provide an article on the Playground Committee.

 

VI. NEW BUSINESS

Special Meeting of Board of Directors – Parking/Towing Signs Required. Our attorney notified us that recent Montgomery County Towing Law requires our HOA to install signs at our townhome community entrance, which summarize Orchard Knolls’ Vehicle and Parking Restrictions. Although all current restrictions are identified in our covenants, in order for the community to tow, the restrictions must be posted at the entrance. (County Code, Part II Chapter 30C). To expedite this requirement, and vote on proposed enactments to existing covenant restrictions, the Board of Directors called a special meeting October 27, 2002.

Four members of the board were present.

Parking Time Limits: During this meeting, Jerry presented a summary of our covenant restrictions in proposed sign form. After review and discussion, and minor editorial changes, the board decided to add time limits to certain existing categories of parking as follows: 1) Visitor Parking would be limited to 24 hours. 2) Vehicles with Advertising Parking would be limited to 12 Hours. 3) Vehicles Parked with Flat Tires would be limited to 3 days. 4) Inoperative Parked Vehicles would be limited to 3 Days. Operative Parked Vehicles would be limited to 30 Days. The sign will identify existing covenant restrictions, and time limits as enacted at this meeting.

Vote: With four members of the board present, a motion to accept the proposed signage and each of the above-enacted time limits was requested. Motion was made, seconded and unanimously carried with no objections.

Installation: Jerry will arrange for two signs to be made by our sign contractor and installed – one at townhome entrance off Blackberry Drive, the other at entrance to Cherry Blossom Place.

Vandalism: It was reported that vandals sprayed painted obscenities and foul language on our entrance sidewalks. Jerry added that they also sprayed obscenities on Northwest Cherry Blossom Lane. Also it was noted that vandals also bent both sides of our entrance firelane sign and dog waste sign around the pole.

Treasurer’s Report – (Treasurer did not receive a report from ABS this month).

2003 Budget Preparation– Mohammad will schedule a meeting with ABS before EOM.

Excessive Reserves –Will be considered in budget preparation for 2003.

Winterize Sprinkler Systems – Complete.

 

Creek Erosion Control at Tot-Lot Bridge – Cost Quote – Unity conducted a site review this month. They will offer a proposal after they contact Park and Planning regarding what permits are required. Unity feels that silt washing downstream toward the Bay may be a significant environmental protection issue. Jerry feels if there is an environmental issue - it is a State of Maryland Stormwater issue, not an HOA responsibility. Unity will research who has responsibility and permit requirements. This step may delay any work into 2003.

Extend Community Split Rail Fencing – Project Released to Contract: TML provided a quote to install the fencing in individual areas with separate prices for each area. The total was $7,500. A $500 discount is offered if all areas are done at one time. Mohammed had just completed fencing cost research with other contractors for our proposed Rt. 28 Berm Noise Attenuation/Hide-the-Traffic Project – concluding that TML’s cost per linear foot was low and reasonable. HOA must arrange for "Miss Utility" to clear all areas (Jerry volunteered to arrange). Board reviewed sketches of the proposed areas. Rick requested a motion and vote to approve only the "Concept". Motion made, seconded and carried without objection. Rick requested a motion to accept the TML discounted price, releasing the total project subject to completion before end of year. Motion made, seconded, carried – Jerry Way abstained.

Rt. 28 Berm Noise Attenuation / Hide Traffic, Fencing Project - This project is thought to be a 2003-2004 project, required by the incursion of Rt. 28 widening (now underway) into our berm area. Mohammed arranged a contractor walk-through and obtained catalog cuts, specifications and budgetary prices for various styles and heights of fencing along the berm top. Cedar allegedly turns gray after 2 years. There are two composite (vinyl) fences in consideration – one is more noise attenuating than the other. Pressure treated turns gray also. Prices for the linear area beginning at Blackberry Drive across the berm-top to behind the north tot-lot range from about $8,000 to $15,000. Board requested that contractor setup (not-installed) a viewing sample of each fence piece for Board to view on top of the berm. Board requested that Mohammed ask ABS to recommend methods of paying for this project i.e.; operating funds or reserves.

Abandoned Black Honda (VIN 2HGEJ2120RH540893) – Tags were stolen. Police towed.

Green Mitsubishi 3000 (VIN JA3XF74C9NY064381) without Tags - Police towed.

White Mitsubishi in Cherry Blossom Place –Owner is Plate Swapping with Green Mitsubishi Tags. Virginia Tag YHC-9537 is being swapped among vehicles. It is currently on a white Mitsubishi randomly parking in Cherry Blossom Place. Owner is unknown. County Police have reviewed the vehicle and tags but refuse to take action because the vehicle is on our private property. HOA released the police to proceed, however they declined, indicating they have to "catch" the owner driving the vehicle on county streets. Police will keep watch.

Annual Property Inspection, Single-Family Homes – Board conducted this walk-through this month. A list of covenant violations will be compared to our records for requests for Architectural Committee Review and Approval. Rick will accomplish the comparison of records. If no request exists, owners will be contacted to resolve the problems.

Vehicle Storage in Visitor Space - 15704 Cherry Blossom Lane – Owner has been storing a red Fiat convertible, under a blue tarp in visitor’s space at Townhome community entrance for many months. Jerry asked owner to relocate vehicle into garage or driveway per covenants. Owner became hostile and refused, indicating he would consult his lawyer. Jerry advised owner that vehicle may be towed to storage if it was not moved in reasonable time. Owner requested 15 days before towing. Nearly three weeks has passed – vehicle remains in same spot. HOA will send a registered, return-receipt letter to owner requesting immediate relocation of vehicle or it will be towed without further notice.

Hoa "Code Of Conduct" - Behavior Expectations With Enforcement And Penalties For Abuse. Rick advised the board that our attorney has agreed to provide an update on this project before our annual meeting.

Jerry Way’s Miscellaneous HOA Materials Expenses – Invoice for materials (Light Bulbs, Replacement Flags, Annual Meeting Fee, Postage) for the period October 2001-November 2002 for $102.88 was processed for payment.

Townhome Curb Parking Needs Space Efficiency – Mohammed and others have noted that during heavy usage, the few permitted curb parking spaces available, are not being utilized efficiently so that more vehicles could park. Jerry noted that last summer he agreed to have American Striping paint vehicular "T" marks on the pavement, but the project got forgotten. Jerry will call American Striping to do the job.

 

VII. NOT ADDRESSED: (Board has considered, but declined to discuss the following issues at this time).

Hoa Attorney Workload – At Board’s request, Jerry met with our attorney at his office in Rockville to discuss issues identified in August minutes. A separate report of findings was provided to each board member.

Poison Ivy & Trash between Non-Garaged Townhomes and Senior Living Center

Base Arc Guidelines Need Addition of Latest Current Standards:

Siding

Townhome Trim Paint and Front Door/Shutter Color

Garaged Townhome Deck Rails And Step Rails – Conditional Vertical balusters.

Non-Garage Townhomes Decks and Rails – Same as Garaged except Vertical balusters allowed.

1999 Maintenance Rule: Combine with Code of Conduct?

Multiple Owner Addresses at ABS – Should ABS accept "alternate" addresses for owners?

BOD Liability Bond - Is coverage current?

Relocate Marble Benches From Under Trees in Tot-Lot

Storm Damaged Trees Insurance Reimbursement

Compensation for Board Service

15726 Cherry Blossom Lane - Tree Cost Delinquent

1 Cherry Blossom Court 3 Qtrs. Assessment Delinquent

Poor Quality Townhome Community End-Unit Lawn Areas

 

 

VIII. FUTURE COMMUNITY PROJECTS FOR CONSIDERATION:

Restore East Entrance Sprinkler System - After Rt. 28 Construction. SHA will pay.

Consolidate East/West Sprinkler Systems – Spring of 2003.

Purchase and Install 2 Streetlights in Entrance Center Island. Spring 2003.

Colonial Lamps at Townhome Entrance -Lamps to match front entrance. Quoted in 2001.

Permanent Entrance Flagpoles Like Kentlands - Project quoted in 2001.

Duplicate East Side Entrance Marquee - After Rt. 28/Jughandle construction – Needs Quote

Increase Berm Height at Senior Housing Boundary – SHA and Owner may provide.

Security Lighting Along Creek and Bike Path – $11K Quote in August - Review at Annual Meeting

Pressure Wash and Seal Rotting and Unsightly Community Retaining Walls – Quoted in 2001.

 

IX. ANNUAL MEETING:

Open Board Positions – 2-Positions for Board of Directors (Resignation of Ken Frank and Ali Rad)

Open ARC Positions – Do we need 3, 5, 7 members?

Tot-Lot Equipment – Replace all Tot-Lot equipment?

Security Lighting - Along creek bike path?

Trash: Should trash be allowed at curb in plastic bags?

Compensation for Service – Should volunteers for the Board/Arc be compensated?

 

X. ADJOURNMENT

Board targeted adjournment at 9pm tonight. Several issues were not addressed (See above). The monthly meeting of BOD of OKHOA was adjourned at 9:10Pm.

Next meeting of the Board of Directors will be Monday, December 9, 7:30 Pm, location to be determined. Call any board member for location. All property owners welcome. Input by letter or email welcome.