ORCHARD KNOLLS HOMEOWNER’S ASSOCIATION, INC (HOA)

PO Box 4225, North Potomac, Maryland 20885

A Self-Managed, Volunteer Community - Incorporated 1989

WWW.ORCHARDKNOLLS.ORG

Minutes – Monthly Board Meeting

October 11, 2004

BOARD OF DIRECTORS (BOD) - (3 Year Term - Elected by Membership) Expires

President

Richard Schinner

301-977-5196

evantage@comcast.net

Nov 2005

VP Detached Homes

Lisa Goodman

301-963-3807

goodgrl@verizon.net

Nov 2005

VP Town Homes

Eileen Solomon

301-330-2876

betamax14@comcast.net

Nov 2007

Treasurer

Mohammad Homaitabar

301-318-8446

homaitabar@yahoo.com

Nov 2004

Secretary

Jerry Way

301-977-0523

jerway@comcast.net

Nov 2005

ARCHITECTURAL REVIEW COMMITTEE (ARC) – (Appointed by BOD – Indefinite Term):

Chairperson

Kathy Wyatt

Representing Detached Homes

Member

Rita Becker

Representing Non-Garaged Town Homes

Member

Dennis Zepp

Representing Garaged Town Homes

Board of Directors are exofficio members of Architectural Review Committee

ABSENT TONIGHT : Kathy Wyatt, Rita Becker

NOMINATING COMMITTEE: Appointed As Needed

WEB MASTER: Richard Schinner

GUESTS TONIGHT: None

CALL TO ORDER: 7:00 p.m. Eileen’s Home (Thank You Eileen!)

EXPECTED AGENDA:

1. Previous Minutes - Review and Approval

2. Scheduled Hearings - If Any

3. Guest Presentations - If Any

4. Treasurer’s Report and Financial Business

5. Architectural Environmental Control and Property Maintenance

6. BOD Unfinished Business

7. BOD New Business

8. Deferred Business (May Not Be Addressed)

9. Adjournment

1. PREVIOUS MINUTES - REVIEW AND APPROVAL: Minutes are posted to web site several weeks ahead of meeting. A printed copy is also made available. President called for changes. Secretary noted the following omission: Section: "Issues Transferred to Our Attorneys"… Add: "Fines for Prolonged Property Maintenance Violations". Motion made to accept the omission and the minutes. Motion was 2nd, and passed unanimously.

2. SCHEDULED HEARINGS:

Property Maintenance Violations - (Article VIII & XIII) None

Common Area Violations - (Rule 2003-1) None

3. GUEST PRESENTATIONS: None

4. TREASURER’S REPORT – FINANCES AND BOOKKEEPING:

Operating Funds For Next Month (Actual):

Cash $10,269 (Balance Sheet)

Fixed Commitments: (Approximate) -4,333

Variable Commitments (Approximate):

Repair Streetlights -405 Bulb #2, Photo Cell #9 , New Lens(s) #8

Additional Winter Flowers not in Contr. -100 Center Island, Stop Sign, Gazebo

Attorney Fees - Property Violations -600 Estimate

Visitors Signs (4) & Curb Paint Stencil -120

PGC Lot Line Upgrade - 100

Screen Transformers CB Place - 842

Add New Streetlight CB Place -1,050

Surplus (Shortfall): $ 2,719

Reserve Funds (Actual):

Reserve for Townhome Streets:

Required End of Year: 70,300 (From TH Streets Replacement Plan)

Actual This Month: -68,874 (Balance Sheet)

Remaining Contributions to EOY -1,390 ($463.75/Mo x 3 Months)

Surplus or (Shortfall) ( 36)

 

General Reserve (All Other Assets):

Required End of Year: 61,200 (From All Other Assets Replacement Plan

Actual This Month: -43,440 (Balance Sheet) ($3,550 Withdrawal for Bridge Repair)

Remaining Contributions to EOY -1,163 ($387.75/Mo x 3 Months)

Surplus or (Shortfall) (16,597) (See Note)

 

Operating Reserve: 0 (New Fund for 2005) (2% of Previous Year Operating Budget)

Required End of Year:

Remaining Contributions to EOY:

Surplus or (Shortfall)

Note: General Reserves is an optional account allowed to operate in deficit. It is measured against HOA’s "Assets Replacement Plan". Current deficit is due to: 1) Unexpected higher costs of Tot-Lot equipment in 2003, 2) 2004 transfer of about $6000 to fully fund Townhome Streets Reserve, 3) 2004 transfer of $3550 to Operating Funds for bridge repair. The 2005 budget includes accelerated contributions to General Reserve resolving the deficit by end of year 2005.

Budget Variances: September 1 thru 30

For the Month: ($1,673) - Negative

Year-to-Date: ( 9,629) - Negative

Note – These temporary negative variances result from continued measurements with an outdated 2004 budget created in 2003. The budget was increased and approved by membership June 21, 2004. The variances do not account for the increased 2004 3rd and 4th quarter budget. This will be resolved as the revised budget is implemented January 1, 2005.

Late Fees and Assessment Delinquencies - Quantity of Late Fees is down. Board noted they were mostly due to unpaid late fines and most likely due to confusion as a result of recent assessment increase. Board decided to evaluate remainder of 2004 data before attempting to address the problem.

Completed Fund Transfer - $3,550 General Reserves to Operating Funds - Pedestrian Bridge Repair (Partial).

Budget Submission: President and BOD Review/Approve for 2005 Annual Meeting: President affirmed there will be no assessment increases for 2005. 2005 budget reflects all items in the 2004 Revised Budget approved by June 21, 2004 Special Membership Meeting for Assessment Increase. Budget Income and Expense totals remain exactly the same. Income and Reserves remains unchanged. Operating Costs have an addition of a new Montgomery County Stormwater Management Tax, and addition of 4 new accounts for improved management of tree related expenses. Two of the four new tree accounts are funded by recent early completion of projects anticipated for 2005. The completed project’s budgeted amounts were transferred to the two new tree accounts for use in 2005. The remaining two new tree accounts will be left without a budgeted amount – anticipating a solution for the needs in 2006.

2005 Budget Approved: After line-item reviews, a motion was made to accept and approve the final version for submission to membership at Annual Meeting. Copies will be provided for all in attendance and posted on the web. Overheads will not be provided. Motion 2nd and passed unanimously. Final version will be provided to ABS this week.

2005 Budget Projects: Funded and Unfunded Projects – See Table at end of Minutes.

Missing: 2003 Final Auditor’s Report – Treasurer reported that apparently our auditor is missing a required acceptance statement from ABS necessary to release the final version. Treasurer is in contact with auditor and will follow up this month.

Law Suit Scheduled: Attorney Confirms Filing NSF Financial Recovery Suit Against Previous Owner – Attorney has filed a law suit against previous owner of 157?? Cherry Blossom Lane for NSF check. Recovery will include original amount, a punitive amount, and attorney fees.

5. ARCHITECTURAL ENVIRONMENTAL CONTROL AND PROPERTY MAINTENANCE:

Dennis Zepp Acting ARC chairperson tonight.

New: Architectural Change Request (ACR) Applications:

157?? Cherry Blossom Lane - Replace Deck Access Door – Different Model – Approved

Revised: Architectural Change Request (ACR) Form Revised to Include Financial Responsibility Clause: (See Previous Minutes). ARC and BOD added a financial responsibility (damage to common areas) clause to the "Architectural Change Request" application currently resident on our web page.

Approved: Additions to Architectural Guidelines Approved: During the past month, ARC reviewed and approved following missing standards to Guidelines: Driveways, Gutters and Downspouts, Roofing, Shutters, and Garage Doors. Secretary submitted a missing standard for "Retaining Walls" to ARC for review and approval over the next month.

Deck Violation: Town Home White Deck Frame Color (See last month minutes) - Secretary brought a photograph and reviewed issue of newly installed deck at 157?? Cherry Blossom Lane with "white" frame. It is the only deck with a white frame. It is inconsistent with the aesthetic of our community. The white box-frame violates specific terms of owner’s ACR application and our Architectural Guidelines for decks. Guidelines require box framing to be "pressure treated wood" and remain "natural in color". Last month, several members viewed the deck and found the white frame unacceptable. Subsequently, BOD mailed a letter to owner to correct the problem to meet Guidelines and ACR application. In a follow up telephone conversation, owner Jeff Van Dam pointed out that he believes the frame material may be integrated into the structural support. It is not shown that way on the builder’s deck frame drawings. HOA noted that Guidelines and owners application clearly specified and required that the box frame be constructed of pressure treated wood and remain natural in color. Jeff rebutted that the builder attachments to his ACR application depicted a wrap-around cap over the frame. This fact conflicts with Jeff’s premise that the white wrap may be part of the structural support. HOA noted that the builder’s wrap specification is not shown as white. (The wrap would likely be allowed if it were natural wood color to match all other decks).

Jeff agreed to work with ARC and BOD to solve this problem. Jeff is open to finding a way to paint the white wrap to a natural wood color. He also noted that he is following contractor’s recommendation to allow the new rails to dry for several months. They intend to complete painting the rails by spring 2005. After much research, reviews and discussions, Board and ARC members developed the following possible alternative solutions:

1. Paint: The manufacturer’s specifications note: "Oil based paint or stain can be applied following a weathering period of 90-180 days". This may be least cost. Closely match color of aged pressure treated wood.

2. Wrap: Our deck contractor consultants advised us that "wrapping" the frame with 1-Inch pressure treated wood is not uncommon. Wrapping is often used to resolve frame appearance problems on older decks.

3. Remove: Perhaps the white Fiberon cap can be removed to expose the 2 x 10 pressure treated box frame.

Board directed secretary to send another letter to owner noting the color must be made to conform. The letter should identify the three possible solutions discussed tonight.

Semi-Annual Community Inspection Scheduled Sunday October 31 - Secretary noted this Fall cycle applies to detached homes. Inspection will begin 3 pm at the front entrance marque. All ARC and BOD members should participate.

Unresolved Property Maintenance - BOD Disposition: (See Table at End of Minutes)

HOA Paint Contractor Stalls Property Maintenance Corrections Due to Lack of Owner’s Permission: At time of quotation development last month, (to develop cost quotes for HOA), one owner made verbal threats to our contractor. At last minute before beginning work, our painting contractor declined to send workers onto 120?? Cherry Blossom Lane and ?? Cherry Blossom Court - unless our attorney obtained owner permission in advance. Although owner’s permission to enter and correct violations is not required by our covenants, painter did not want his workers to be on a site with hostile owners. Our attorney was advised. Our attorney is in process of discussions with the two owners at this time.

HOA Attorney Obtains Two Property Maintenance Correction Agreements: Our attorney obtained telephone agreements from owners of 120?? Cherry Blossom Place, and 120?? Cherry Blossom Lane – to correct all property maintenance violations by October 31, 2004. Attorney sent written agreement confirmation letters to owners.

Owner Denies Peeling Paint and Unpainted Deck Rails – Attorney Shown Proof - HOA attorney reported that owner of ?? Cherry Blossom Court denied the property had peeling paint and the rails needed paint. We sent photographs of the roof trim peeling paint for the entire length front and back, and photos of the never-painted rails to our attorney. Negotiations with owner’s attorney are underway.

New: Proposed HOA Property Maintenance and Architectural Environmental Control Rule: Our attorney advised us that Montgomery County has implemented new regulatory Annotated Codes focused on legal protections for HOAs and home owners involved in circumstances of Architectural Guidelines and property maintenance enforcement. Our attorney advised that our current covenant procedures are legal, however they are cumbersome and difficult to implement. In addition, they do not consistently carry full weight of the court, and do not have backing of Commission on Common Ownership Communities (CCOC). The significant change is the addition of a documented formal BOD hearing prior to initiating legal action in court – or before review with CCOC. Attorney provided a draft rule for our review. Secretary will review the draft and present findings at next regularly scheduled monthly meeting of BOD.

Fines: Violation of Orchard Knolls Property Maintenance – Last month, HOA asked our attorney to investigate precedence and procedure to implement fines to owners that refuse to maintain their property as measured by Covenants and Architectural Guidelines. The resulting research and conclusion will be merged into new HOA rule noted above.

6. OLD (UNFINISHED) BOD BUSINESS:

Closed: Feral Creek Cats in Residential Areas – President reviewed attorney/resident communications with BOD and asked secretary to file all written communication on the issue . BOD considers this issue closed.

Complete: New Purple Plum Tree: SHA Finally Installs New Tree In Center Island. Too Small – SHA installed the long-awaited purple plum tree in our Blackberry Drive center island bull nose. However, the small size does not meet the specification agreed to in our 2003 negotiations – and does not meet SHA’s own order to the nursery. We filed a complaint with SHA. SHA has responded that they will investigate.

Complete: PGC’s Landscape at Orchard Knolls West Boundary Near Rt 28 – PGC completed landscape of their frontal property along Rt 28. In the process, they re-graded our lot line and installed an underground storm water drain to prevent flooding on our property. They recently added sod and mulch to our area. Looks terrific. Good job PGC!

Complete: Added Streetlight for Cherry Blossom Place – The June 21, 2004 approved revised budget included one new streetlight for the non garaged townhome parking lot. The unit was installed this month. The additional light makes a magnitude difference in lot lighting and should help to reduce vandalism.

Complete: Landscape Screening- Cherry Blossom Place Pepco Transformers - The June 21, 2004 approved revised budget included Landscape Screening Plants around the Pepco transformers and power meter in the courtyard.

This work was completed this month. The area looks much better and will grow to hide three sides of the utilities.

Complete: Three Streetlight Repairs. Streetlight #2 bulb replacement ($130). Streetlight #8 Vandals Smashed Lens(s) Replaced ($75), Streetlight #9 Always On – Photo Cell Replaced ($240).

Complete: Winter Pansies for Fall Entrance Flowers – Deer Repellant Added – This rotation is covered by our contract except for the three small added areas (Bottom of Blackberry Drive Stop Sign, South tip of Blackberry Drive Center Island, and Gazebo). The added deer repellant is $130 and only good for 3-weeks. The area looks great.

Complete: Cherry Blossom Lane Curb-side Parking Spaces Marked "Visitors Only" The signs were installed this month. HOA towing of parking violators is now legal from these spaces.

Complete: Addition of Large Bark Mulch in all Tot-Lots – Our landscaper completed this effort this month.

In Process: Cherry Blossom Lane Striped Parking Spaces to be Marked "Visitors Only". Stencil Received - The stencil to mark the end-curbs of each space was received this month. Mohammad and Jerry will do the painting when the weather is dry and sunny.

Newsletter Postponed – BOD deferred newsletter until at least December.

Cancelled - October Community Garage Sale Effort - Lack of Sustained Interest - BOD cancelled further effort due to lack of sustained interest other than the wishes of 2-3 individuals. There were no volunteers for signs or advertising.

In Legal Review:

CB Place – ARK of Montgomery County

Do Property Maintenance Covenants Apply to Townhome Landscape?

Delinquent Assessment Collections (ABS’ Attorney)

Blackberry Drive/Rt 28 Intersection - Pepco Illumination

Financial Recovery – Rt 28 Sprinkler System Vs SHA

NSF Financial Recovery – Previous Owner 15715 CB Lane – NSF

Three Property(s) – Long Term Lack of Property Maintenance

Fines for Prolonged Property Maintenance Violations

Rule Pertaining to Enforcement of Property Maintenance Violations

7. NEW BOD BUSINESS

No BOD Meeting in November – Annual Meeting (November 8, 7:30 Pm (Quince Orchard H.S.) Prevails.

Annual Meeting (November 8th) Preparation (One Board Member Position Open): (See Budget Preparation under Treasurer’s Report) - BOD reviewed and approved the budget for 2005. Mohammad Homaitabar agreed to re-run for officer another 3-year term. However, he will be nominated by a board member and must then be re-elected from the membership. Other nominations will be accepted from the floor. Secretary will prepare an official ballot After much discussion about agenda – BOD decided that only four agenda items will be addressed: 1) Accomplishments, 2) Budget for 2005, 3) Election of Open Board Position, and 4) Membership Q&A. BOD decided against overheads at this meeting. Handouts will be provided for the budget. BOD decided against sending a mailing. Secretary will install HOA’s two-sided Annual Meeting Announcement sign at our entrance one week ahead of the meeting.

2005 Landscape & Snow Removal Proposals Received: Combined Contract - Landscape Innovations Inc (Contractor) has responded to our request to combine the two contracts into one document. They submitted their proposal this month for the 2005 season. Their proposal makes snow removal costs dependant upon execution of lawn care contract. However, lawn care is not dependant on snow removal contract. Contractor agreed to freeze 2004 lawn care prices for 2005 if we accept his snow removal contract. His snow removal proposal appears to be only about 10% higher than our previous snow removal contractor in 2004. HOA added work scope for a new (3rd) complete rotation of 432 entrance flowers for late winter early spring and also added 3 small additional locations of coverage (around base of Blackberry Drive Stop sign, around tip of Blackberry Drive center island, and entrance to gazebo). Total additional cost is about $900. HOA added an optional contract-extra(s) incentive for contractor to unilaterally implement high-quality site corrections during weekly mowing effort. There is separate billing and a $1,200 annual cap on contract extras. Secretary and Treasurer will do a cost review of the proposal and return it to Rick for signature in next few days.

Blackberry Drive Sidewalk Aprons Cracked – Mohammad reports that both new concrete aprons opening from the east and west sidewalks along Blackberry Drive onto Rt 28 – are severely cracked. This has been confirmed by another board member. The BOD will send a letter to State Highway Administration.

Complaints: Senior Center Construction and Sales Vehicles Block Jughandle: HOA has received several complaints that during the day, it is impossible to drive a vehicle through the new jughandle due to construction vehicles parked at the new senior center. Some members wanted the police involved and "No Parking" signs added to the jughandle curb. President recommended that drivers get out of their vehicles and go to the construction trailer to complain. BOD members feel this may be a temporary problem which will diminish in the next month or two as they begin commercial operation. Secretary will advise one of the Sr Partners.

Complaints: Senior Center Construction Noise on Sunday: HOA has received several complaints about early morning construction noise. Secretary will advise one of the Sr Partners.

Complaint: School Bus Parked on Blackberry Drive: HOA received an email complaint that the school bus occasionally parked on Blackberry Drive is unsightly and dangerous. Eileen will investigate and advise BOD.

Complaints: Child Harassment – Neighbors in non-garaged townhomes have complained to a member of ARC that child harassment may be taking place by unidentified occupants of the ARC of Montgomery County tenant home. The harassment seems to be coming from "chasing" and unwanted play activity. However neither accuser or victim were named by the neighbors. BOD asked ARC member to make effort to identify names of accuser and victims.

8. DEFERRED BOD BUSINESS - NOT DISCUSSED:

Community Picnic Pavilion Proposed for Unused Blackberry Drive Tot-Lot - Many members have suggested that the unused S/W Tot-Lot be used for an architecturally attractive 20 X 30-Foot Covered, Picnic Pavilion for family and social events for any resident. The lot is 90% empty and has been unused nearly 3 years. Initial design suggestions include cedar shake roof to match our community with rustic post and beam construction. Initially, the existing large bark in the old tot-lot would be retained underfoot. A related suggestion was to construct the pavilion in one day using volunteer labor. Cost would be significantly less than installing new tot-lot equipment. New tot-lot equipment does not appear necessary now that the adjacent lot has been upgraded.

The location is ideal for families – it is fenced and adjacent to the newly upgraded tot-lot. It is screened from neighbors on all sides and located in a pastoral setting. Centrally located in our community, it is the only available land to locate a picnic pavilion. It would become another Orchard Knolls asset, increasing home value and attractiveness to our community. Pavilion could also be used for Fall Annual Meeting. Issue was openly discussed with board of directors for first time tonight. There was unanimous enthusiasm for the concept. BOD will investigate feasibility and cost of various construction alternatives over the winter months.

Unregistered Orchard Knolls Day Care Owner responds to Telephone Query - An Unregistered Orchard Knolls owner has been soliciting customers by hanging signs at the gazebo mailbox. We telephoned the owner and asked for proof of Maryland State License and Insurance Certification. Owner agreed to send us copies 4 weeks ago. We have not seen the documents. Board deferred the matter to next meeting.

Dead and Dying Trees – No Budgeted Funds for Annual Tree Care - (See Location and Status List at End of Minutes). There are 4 identified dying flowering trees in our community. BOD deleted proposed budgeted annual tree care funds from June 21 assessment increase budget to keep cap under 24%.

Tree Stumps Visited: BOD Declines Removal Expense. No Budgeted Funds to Remove 9 Stumps: (See Location and Status List at End of Minutes). There are 9 large stumps in clear view above grade on common areas in our community. Two members of the board visited them all this month. Volunteers could remove a few of the smaller stumps. HOA requested a quote to grind the 9 stumps below grade. BOD declined to approve the $1,785 quote. The list was revised and contractor asked to identify a lower cost solution. BOD deleted proposed budgeted stump removal funds from June 21 assessment increase budget to keep cap under 24%.

Missing Trees – No Budgeted Funds to Replace 10 Trees: (See Location and Status List at End of Minutes). . All known dead and felled trees have been removed. In some cases, a felled tree in a wooded common area will remain natural and not be removed. There are 10 locations where decorative or shade trees have been removed and not replaced. BOD deleted proposed budgeted tree replacement funds from June 21 assessment increase budget to keep cap under 24%.

Inefficient Curb Parking - Spaces to be Outlined – A few curb parking spaces are permitted by signs on North and West Cherry Blossom Lane. However, individual spaces are not identified causing vehicles to park randomly creating inefficient use of the space. BOD agreed to apply vehicle size "tic" marks to isolate each space. The work will be done when the streets are re-sealed in 2005.

Cost Reduced - Common Area Floods 15728 Cherry Blossom Lane Side Yard – We received quote for $1,970 from Landscape Innovations (our lawn care contractor) to install a French Drain and pipe the runoff to the street. (Adjacent neighbor’s down Spouts flood the common area) – Owner requested help at 2003 and again at 2004 Annual Meeting. Area of concern is between 15728 & 15732. Down spout runoff from 15732 and 15734 floods common area and this owner’s property with constant water/mud. Re-bid/Re-Design reduced cost to $1, 470. Contractor was asked to rebid with a less expensive design. New design dumps water into a drywell instead of piping it to the street. BOD declined the bid – requesting another look at design and cost. Secretary will notify contractor.

Two New Streetlights for Blackberry Drive Island – Again On Hold – A 2003 quote was received for $2,750 to accomplish this project by bringing power through our conduit under Blackberry Drive from West side marque power source. This project is not included in the approved revised budget and can only be paid by surplus operating funds.

Upstream Bank Erosion Continues to Exposes Bridge: During celebratory discussions that the bridge upgrade is finally complete - secretary pointed out risk of bridge wash-out (again) in a heavy storm is diminished but not gone. Because BOD continues to ignore erosion control on the upstream side of the creek banks, there is no assurance the bridge will remain in place during or after severe flooding conditions.

Entrance Landscape Committee: A suggestion was made at last Annual Meeting to develop a volunteer "Entrance Landscape Committee" to take design and implementation responsibility for the landscape and floral upkeep of our entrance at Blackberry Drive. The committee would be made up of an equal number of townhome vs. single family home members, and would be granted the entire budget currently in place for the annual entrance maintenance.

Hire HOA Maintenance Person: A suggestion was made at last Annual Meeting for Orchard Knolls to hire a part time maintenance person or contractor to accomplish routine non-major repair and upgrade tasks such as sign maintenance, minor painting, light bulb replacement etc. Responsibilities and a fee schedule could be identified in advance.

Unregistered Multiple Day Care Operations – BOD has received complaints of high traffic baby and small children "pick-ups" and "drop-offs" particularly in the townhome community. Complaints are centered around a significant traffic increase in am and pm with observations of a myriad of non owner/tenant children being dropped off and picked up. Jerry noted that our records indicate there are no registered Day Care Operations in Orchard Knolls at this time. Owner observations indicate otherwise. BOD again decided to table the matter until a less busy time.

Gazebo Mailbox - Attempted Break-In and Damage – Secretary sent letter to Postmaster documenting the events – requesting assistance in securing the area and the unit

Value Recovery for Damaged Rt. 28 Sprinkler System - BOD requested that secretary convey to SHA (via our attorney) our desire to settle for a few screening trees along the berm where SHA did the damage.

Storage for HOA Records: ABS wants to discard all HOA records older than 7 years. If we want/need to save them, we must make arrangements for other storage. We asked ABS to provide a cost to store those records in a suitable facility. We have not heard back. Treasurer will discuss with ABS

Supplemental Community Landscape Upgrades On Hold – A proposal for upgraded colorful and creative flower bed designs for our east and west entrance marque and center island was submitted by our new lawn care contractor (Landscape Innovations, Inc). Total cost is $12,643 in addition to our new contract which already includes three times more flowers than were installed last year. Rick reminded contractor that the flowers were already included. Contractor agreed to make an adjustment. Jerry reminded BOD that at annual meeting, we advised membership that we did not have funds for non-budgeted projects. Project deferred to next meeting.

Replace Outdoor Electronics Enclosure – On Hold - "CedarShed Industries" makes a red cedar model with shake roof to match our homes. The 6 x 9-foot model could replace the existing ant-infested and leaking "Rubbermaid" unit causing deterioration in our electronic clock and digital controls for sprinkler and lighting systems. We have replaced two sets of controls due to ant infestation ($500 each). Ants will not infest a cedar unit. New unit would also provide storage for HOA owned equipment rusting in the Rubbermaid enclosure or stored in members garages. Location is not negotiable because it must cover a myriad of underground water valves and electrical connections currently emanating at west end of east side berm. Height is six feet. Unit is screened with shrubs. Cost is $1800. Volunteer Labor.

Duplicate Stone Marque at East Blackberry Drive Entrance – This investment would accomplish more than any other to dramatically improve our entrance, image and community value. Jerry met with "Maryland Cast Stone" on Southlawn Drive, original builder of our west side stone marque. Artwork and mold are gone – however they do same work. "Orchard Knolls" tablet would cost $1,600 today and can be done in 2 months. Cost for matching blue stone for the marque wall is unknown but we know it was acquired from "Stoneyhurst" quarry. Stone mason is "Stoneworks" in Gaithersburg. Labor cost is unknown. Black colonial lanterns are $600 each without labor. Total is estimated between $10 – 12K. Our auditor advised that we could add a line item to the budget to allocate funds annually for 3 years.

All Townhome Community Retaining Walls Unsightly – Need Pressure Wash and Stain. Townhome PT retaining walls require periodic maintenance. They have not been serviced in 13 years.

All Wood Benches are Unsightly – Need Pressure Wash and Stain. These 6 PT benches require periodic maintenance. They have not been serviced in 13 years.

Retaining Wall Behind West Berm Needs Repair – The large PT wall is bending and falling backward on the west end and may need significant repair soon.

Retaining Wall by Gazebo Covered with Mold and Decay - This dog-leg section of wall at the intersection of Cherry Blossom Lane and Cherry Blossom Place is highly visible and makes our community look poor. All town home owners must pass it to retrieve their mail daily. It needs pressure wash, stain and sealing.

Directory Update - Rick has begun steps to produce a new directory. He will contact Lisa Goodman and Rita Becker to arrange and schedule remaining logistics, reproduction and distribution work.

East Entrance Flower Bed Below Grade - Due to increased elevation of Blackberry Dr/Rt 28 East – flower bed is below grade of new sidewalk.

Delayed Upgrade – Underground Townhome Streetlight Circuit Fully Loaded - Capacity on this main streetlight circuit is needed for 3 future projects: 1) Additional uplights for center island, 2) Center island streetlights, 3) New colonial lamps at Townhome entrance. Circuit begins behind Cherry Blossom Ct, then North, West, and South along Cherry Blossom Lane. Contractor tests concluded that further growth was not possible. A new parallel circuit will be required.

Blackberry Drive Crosswalk at Playground - Lisa is working with Montgomery County in an effort to have this accomplished.

Blackberry Drive & Terrace Stop Sign to Replace Yield - Lisa is working with County to have this accomplished.

Common Area Lawn Care Neglect Adjacent to End-Units - End unit townhome lawns deceptively appear to be owned by townhomes. They are not. These lawns are owned by HOA. End units only own 4-feet from side of brickwork. Remaining lawn to the street is HOA responsibility. HOA lawn care is neglecting to weed, feed and trim these areas for 8 of 9 end unit town homes. Most have become eyesores. Yet, the one end unit with it’s lawn adjacent to Blackberry Drive is receiving outstanding HOA professional lawn care. Because of it’s prime location, that town home’s side lot receives HOA water sprinkling, HOA contracted trimming, fertilization, weeding, insecticide, reseeding, thatch removal, and lawn cutting. HOA should treat all common areas adjacent to townhome properties alike. The issue is favoritism of one unit due to it’s exposure to Blackberry Drive while neglecting the other 8 end unit’s adjacent common area lawns.

Alleged Unlicensed Business in Cherry Blossom Place - Owner recently rented a townhome to ARC of Montgomery County: According to our attorney, this County Service appears to be a family home for mentally challenged adults requiring adult assisted living. Home is not allowed to exceed three adults. A License to operate may be required. HOA application and approval may be required. Rick obtained copy of lease for our files. Our attorney is investigating.

Dog Waste Sign Intentionally Smashed - Citrus Grove Cul-de-sac - Sign has been intentionally beat, split and wrapped around steel pole. Some members of board wanted to remove it. BOD decided to replace it.

HOA Mail (Distributed by ABS) to Owner’s Alternate Addresses - Some owners have "blind" addresses for actual residence. Their assessment is mailed to another responsible agent. Should HOA mail prepared by ABS be mailed to owner’s "alternate" address? Should it be duplicated for resident’s HOA property?

HOA Mail Does not go to Tenants - Due to lack of volunteers, several years ago, BOD discontinued door-to-door delivery of HOA information. Instead, all such distributions are accomplished via US mail - addressed only to owners at record-of-assessment address. Neighbors ask BOD to distribute HOA informative mail to all homes to include tenants.

Annoying Home Alarm - Cherry Blossom Lane owner wants BOD to take action - Alleges that a loud, continuous, and obnoxious exterior alarm in Cherry Blossom Ct. goes off frequently (at least once a month)... alarm continues all day and does not get shut off until occupant comes home at 5pm.  Says he visited owner who explained that it is an interior alarm therefore no county law applies.  Cherry Blossom Lane owner alleges that alarm device is exterior mounted above rear kitchen door and very loud. 

Water Pooling at Gazebo; Mosquito Breeding Ground - Owner requested that HOA regrade this area to eliminate water from pooling and risk of mosquitoes breeding. .

Preserve South West Tot-Lot Equipment - Requesting South West Lot’s baby-swings and see-saw be preserved.

9. ADJOURNMENT AND NEXT MEETING - Monthly meeting adjourned at 9:00 Pm.

Next regularly scheduled BOD meeting will be Monday, December 13th, 2004, 7:00 Pm, location to be determined. (No meeting in November due to Annual Meeting). Call any board member for location. Orchard Knolls owners and residents welcome. Input by US mail, email, or web page is welcome

UNFUNDED PROJECTS AND COMMUNITY REQUESTS – (NOT IN 2005 BUDGET)

Appearance - "Orchard Knolls" Stone Marque On East Side Of Blackberry Dr Entrance

Appearance - Bronze "Orchard Knolls Towns" Plaques On Existing Stone Columns

Appearance - Floral Upgrades Throughout Community

Appearance - Ground Cover East Boundary Hillside Facing Sr Center

Appearance - Ground Cover North Berm Hillside Erosion Areas

Appearance - Matching Colonial Lamps On Existing Stone Columns At Townhome Entrance

Appearance - Permanent Flagpoles With Uplighting At Front Entrance

Appearance - Pressure Wash And Seal Retaining Walls

Appearance - Replace 2 Missing N/E Blackberry Drive Norway Maples at CBL And Rt 28.

Appearance - Townhome Street Sweep Service

Appearance - Tree Maintenance Service (Removals, Fertilization, Replacement, Trim, Shape)

Regrade Gazebo – Mosquitoes Breeding

Repair - Creek Bank Erosion Control

Repair - Overloaded Streetlight Power Circuit

Repair - Replace Electrical/Sprinkler Enclosure Unit

Repair - Reroute Storm Water Flooding 15728 Cherry Blossom Lane

Safety - Center Island Streetlights At Intersection To Rt 28

Safety - New Cherry Blossom Lane Streetlight Before Intersection To Blackberry Drive

Safety - Remove Existing Stumps Below Grade.

Safety - Speed Control Implementation (Private) on Blackberry Drive

Safety - Convert Cherry Blossom Lane – One-Way

Safety - Security Lighting Along Creek And Bike Path

Screening Trees - North Berm, From Rt 28.

Screening Trees - North Cherry Blossom Court Townhomes From Rt 28

Screening Trees - Senior Center Boundary

Social – Annual Community Picnic

Social - Covered Picnic Pavilion - South West Lot

Social - Volleyball Court - Cherry Blossom Lane Courtyard

Upgrade - Brick & Cedar-Shake Rain Cover (Open) at Entrance

Upgrade – Traditional Architecture Community Welcome Message Marque Unit at Entrance

Upgrade - Voice Mail for HOA

 

UNRESOLVED PROPERTY MAINTENANCE FROM SEMI-ANNUAL HOA INSPECTIONS

Board of Directors is obligated under Article VIII of our Declaration of Covenants to enforce proper property maintenance. Spring and fall, on the day after we all change our clocks, members of the Architectural Review Committee and/or Board of Directors can be seen accomplishing a walk-through of our community, noting unacceptable exterior property conditions in violation of our Covenants or Architectural Guidelines. Noted below is the 6-Step Procedure identified by our Covenants for Board of Directors to implement with a goal to initially encourage corrections, but ultimately to enforce correction of outstanding property violations.

Procedures for Post Semi-Annual ARC/BOD Community Inspection Follow Up:

Step 1 First Notice Letter (90 – 180 Days)

Step 2 Second Notice Letter (90 – 180 Days) – Sent Via Certified Mail.

Step 3 Attorney 30 Day Warning Letter (Includes first two letters) – Sent Via Certified Mail.

Step 4a BOD Obtains Contractor Quote to Repair

Step 4b BOD Review; Resolution to Proceed, One Per Property – Requires Majority Vote

Step 4c BOD Contracts to Enter Property, Resolve Violation. Invoice to Owner – Payable Net 10 Days

Step 5 If Invoice Unpaid, ABS Deducts From Incoming Quarterly Assessment.

Step 6 If Assessment Becomes Delinquent, Attorney Applies Lien On Property – Including Legal Fees

REMAINING PROPERTY MAINTENANCE VIOLATIONS

Cherry Blossom Lane

157?? – Vertical Deck Rails

July 1, 2003 – Disclosure Letter - Deck Rails Not Approved - Violation of Architectural Guidelines

157?? - Torn Dormer Screens

November 17, 2003 - First Letter Requesting Repairs, First Class US Mail

June 2004 - Second Letter, Request Repairs Complete by April 4, 2004, Mailed Certified

157?? - Chipped/Peeling Paint On Deck Rails and Rear Roof Rake Trim.

July 2003 - First Letter Requesting Repairs, First Class US Mail

November 17, 2003 - Second Letter, Request Repairs Complete by April 4, 2004, Mailed Certified

157?? - Incorrect Color On Trim, Rear Deck Rails Need Paint

June 6, 2003 - First Letter Requesting Repairs, First Class US Mail

November 17, 2003 - Second Letter, Request Repairs Complete by April 4, 2004, Mailed Certified

February 2004 – Email to Board – Agreed to Comply when weather clears.

August 16, 2004 – Turned over to Attorney

August 23, 2004 - Attorney Letter - HOA Intervention in 30 Days, Mailed Certified

September 23, 2004 – Attorney Date Expired

September 23, 2004 – Agreement with Attorney to Complete by October 31, 2004

157?? – Garage Window Broken, Garage Door Bottom Badly Rotted, Post Lamp Missing Cross-Bar

June 6, 2003 – First Letter Requesting Repairs, First Class US Mail

November 17, 2003 – Second Letter, Request Repairs Complete by April 4, 2004, Mailed Certified

August 16, 2004 – Turned over to Attorney

August 23, 2004 – Attorney Letter Warning of HOA Intervention in 30 Days, Mailed Certified

September 23, 2004 – Attorney Date Expired

Cherry Blossom Place

120?? - Paint Peeling on Roof Rake Trim

June 2004 - First Letter Requesting Repairs, First Class US Mail

120?? - Paint Peeling on Roof Rake Trim, No House Number

June 2004 - First Letter Requesting Repairs, First Class US Mail

120?? - Paint Peeling on Rear Windows and Roof Rake Trim

June 2004 - First Letter Requesting Repairs, First Class US Mail

120?? - Deck Rails Not Painted

June 6, 2003 - First Letter Requesting Repairs, First Class US Mail

November 17, 2003 - Second Letter, Request Repairs Complete by April 4, 2004, Mailed Certified

June 28, 2004 -Turned over to attorney

July 21, 2004 - Attorney Letter Warning of HOA Intervention in 30 Days, Mailed Certified

August 21, 2004 – Attorney Date Expired

September 8, 2004 – HOA Contractor Quote

September 30, 2004 – Agreement with Attorney to Complete by October 31, 2004

120?? – Deck, Rails and Support Structure Painted Dark Red by Previous Owner

Legal order to current owner requires re-paint to match townhome trim before re-sale and/or as color fades.

120?? - Paint Peeling on Rear Top Windows Trim

June 2004 - First Letter Requesting Repairs, First Class US Mail

Cherry Blossom Court

?? - Deck Rails Not Painted. Dormers, Roof Trim Chipped and Peeling paint

June 6, 2003 - First Letter Requesting Repairs, First Class US Mail

November 17, 2003 - Second Letter, Request Repairs Complete by April 4, 2004, Mailed Certified

June 28, 2004 - Turned over to attorney

July 21, 2004 – Attorney Letter Warning of HOA Intervention in 30 Days, Mailed Certified

August 21, 2004 – Attorney Date Expired

September 1, 2004 – Deck Rails Unpainted, and Roof Trim Still Peeling Paint

September 8, 2004 – HOA Contractor Quote

October 12, 2004 – Owner Denies Violations – Photos sent to attorney.

?? - Roof Rake Peeling Paint. Post Light Falling Over

June 2004 - First Letter Requesting Repairs, First Class US Mail

?? - Trim Around Garage Door Rotting and Peeling.

June 2004 - First Letter Requesting Repairs, First Class US Mail

?? - Vertical Deck Rails

July 1, 2003 – Disclosure Letter - Deck Rails Not Approved - Violation of Architectural Guidelines

Pineapple Grove Drive

120?? – Storm Door Not Full View - Violates Architectural Guidelines

November 17, 2003 – Disclosure Letter, Temporary Waiver, Current Owner Only (Certified Mail)

120?? – Storm Door Not Full View - Violates Architectural Guidelines

November 17, 2003 – Disclosure Letter, Temporary Waiver, Current Owner Only (Certified Mail)

Citrus Grove Court

?? Citrus Grove Court – White Storm Door Does Not Match Trim – Violates Architectural Guidelines

November 17, 2003 - First Letter Requesting Repairs, First Class US Mail

June 18, 2004 - Second Letter, Request Repairs Complete in 30 days, Mailed Certified

 

 

UNRESOLVED TREE, SHRUB AND STUMP ISSUES:

Dangerous – None

Down – Not Dangerous

2004 - 2 Behind 12022 Citrus Grove Road.

Dead & Dying

2003 – Flowering Cherry Trees Along Berm Turning Yellow – Sparse Foliage.

2004 – Dead Large Diameter, Flowering Cherry Tree behind Townhomes

2004 – Flowering Cherry – Upper Tot-Lot Near Blackberry Drive

Leaning Heavily

2002 – Cypress Leaning On Rt 28 White Vinyl Fence

Common Area Trees Removed – Not Replaced

2002 - Two Moderate Flowering Dogwood - Northwest Cherry Blossom Lane

2004 – Large Flowering Cherry – Across from 15740 Cherry Blossom Lane

2004 - Two, Moderate Pin-Oak –In Front of 12006 Cherry Blossom Place

2004 – Large Bradford Pear – Beside 15746 Cherry Blossom Lane

2004 – Moderate Flowering Dogwood – Beside 157601 Cherry Blossom Lane Side

2004 – Moderate Flowering Cherry - Upper Tot-Lot Near Blackberry Drive

2004 – Large Shade Maple at Tot-Lot

2004 – Large Shade Willow at Tot-Lot

Stumps Cut Off Above Grade

2001 – 1 Pin-Oak – In Front of 12006 Cherry Blossom Place

2002 - 1 White Pine - South Side Of N/W Berm – Beside 16030 Blackberry Drive

2003 - 1 Flowering Cherry – Across from 15740 Cherry Blossom Lane

2003 - 1 Leyland Cypress - Between 15722 - 15726 Blackberry Drive

2004 - 1 Blue Spruce – Adjacent N/E Tot-Lot – Right Side

2004 - 1 Leyland Cypress – Behind South Cherry Blossom Lane TH(S) Near Bike Path

2004 - 1 Bradford Pear - 15746 Cherry Blossom Lane

2004 – 1 Flowering Cherry - Upper Tot-Lot Near Blackberry Drive

2004 – 1 Flowering Dogwood – 157601 Cherry Blossom Lane Side

Severely Overgrown – Need Pruning:

2002 - Three Holly Exceeding Wall Height – Blocking Light Fixtures – Entrance

2002 – Front Entrance – Nearly Covering Stone Wall

2002 - Dangerous Limbs Overhanging Striped Parking – South Cherry Blossom Lane

2003 - Long Dead Tree Limb – Between 15707 - 15709 Cherry Blossom Lane

2004 – Shrubs in front of Gazebo.

Community Common Area Trees Have Never Been Professionally Shaped, Groomed or Fertilized.