ORCHARD KNOLLS HOMEOWNER’S ASSOCIATION, INC (HOA)

PO Box 4225, North Potomac, Maryland  20885

 

Incorporated 1989 - A Self-Managed, Volunteer Community

 

WWW.ORCHARDKNOLLS.ORG

 

Bookkeeping:

Association Bookkeeping Services, 811 Russell Ave, Suite 301, Gaithersburg, Md.  20879-3505

Resident Agent:

Attorney David Gardner, 600 Jefferson Plaza, Rockville, Maryland 20852

Auditors & CPA:

Ahlberg & Company, P.C.. 6733 Curren Street, McLean, Virginia  22101-3804

Web Master:

Interland, Inc – Rick Schinner, President, Orchard Knolls HOA

 

Minutes – Monthly Board Meeting

 

January 17, 2005

 

BOARD OF DIRECTORS (BOD) - Elected by Membership at Annual Meeting – 3 Year Term                  Expires

President

Richard Schinner

301-977-5196

evantage@comcast.net

Nov 2005

VP Detached Homes

Lisa Goodman

301-963-3807

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 2005

Secretary

Jerry Way

301-977-0523

jerway@comcast.net

Nov 2005

                                                                                   

ARCHITECTURAL REVIEW COMMITTEE (ARC) – Appointed by BOD – Indefinite Terms

Member – 1

Kathy Wyatt

Representing Detached Homes

Member – 2

Rita Becker

Representing Non-Garaged Town Homes, HOC & MHP

Member – 3

Dennis Zepp

Representing Garaged Town Homes

Member - 4

Lisa Goodman

ARC Chairperson (Acting)

Member - 5

Open

 

Members of Board of Directors are absentia members of Architectural Review Committee

 

NOMINATING COMMITTEE:      Appointed As Needed

 

ORCHARD KNOLLS  HOMES:

   Detached Homes:

 83

55%

Garaged Town Homes: 

 48

32%

Privately Owned Non-Garaged Town Homes:

 12

 8%

County Owned Non-Garaged Townhomes:

   7

 5%

Total Homes:

150

 

                                                               

TYPICAL

1.  Administrative Matters

AGENDA

2.  Scheduled Hearings and Guest Presentations (If Any)

 

3.  Treasurer’s Report and Financial Business

 

4.  ARC and Property Maintenance Business

 

5.  BOD Unfinished Business

 

6.  BOD New Business

 

7.  Deferred and Tabled Business (May Not Be Addressed)

 

8.  Adjournment

                                               

1.  ADMINISTRATIVE MATTERS: 

 

Absent BOD and ARC Members:  Rich Schinner, Rita Becker, Kathy Wyatt, Dennis Zepp

 

Guests:  None  

 

Call To Order: 7:00 p.m.  Eileen’s Home (Thank You Eileen and Dennis)

In absence of president, secretary called meeting to order.

 

Minutes:  Minutes were posted to web several weeks ahead of meeting.  A printed copy was also placed on the table for review and access.  Secretary asked if there were any changes.  There was a typo correction, and an omission of business that was discussed but not documented.  It will be added as follows:  

 

Add:  (New Business)  Complaint Received - Senior Center Trees” -  Owner of 12013 Cherry Blossom Place wishes to go on record that the Senior Center’s reforestation effort (behind her property) is not adequate to screen view as it was before excavation began.  BOD responded that trees removed behind her property were on property of the Senior Center,  preventing HOA from legal intervention at the time.  However, Senior Center partners, in a good faith restoration effort, have reforested the area along our boundary.  BOD members visited the site behind 12013 Cherry Blossom Place and counted 18 new trees and shrubs in the area behind her home.  Of course it will be many years before the same level of maturity and screening  is achieved.  BOD notes that owner has sufficient property to plant screening trees on their own land if they so desired”.

 

Correction:  (Treasurer’s Report – Operating Funds – New Streetlights) Correct CB Place” to “Blackberry Drive Island

 

Motion made to accept both sets of minutes without further change.  Motion was 2nd, and passed unanimously.

 

2.  SCHEDULED  HEARINGS  AND GUEST PRESENTATIONS:

Property Maintenance  - (Article VIII & XIII)                       None

Common Area  - (Rule 2003-1)                                        None

Guest Presentations:                                                     None

 

3.  TREASURER’S REPORT – FINANCES AND BOOKKEEPING:                       

 

January Operating Funds: (Cash Flow)

Cash in Checkbook                                     $14,180 (Balance Sheet)

Less, Fixed Monthly Commitments :                         -4,000 (Approximate)

Less, Variable Commitments (Approximate):

2 New Streetlights (Blackberry Drive Island)             -3,500

Attorney Fees - Property Violations                              -700  Estimate

Firelane Sign and Post Straps                                         42  Estimate

Surplus  (Shortfall):                                                 $5,938  Surplus

 

December Townhome Streets-Replacement Reserve:

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

Actual This Month:                     -70,291  (Balance Sheet)                       

Remaining Contributions to EOY         0

Surplus or (Shortfall)                         (-9)

 

December General Replacement Reserve (All Other Community Assets):

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

Actual This Month:                     -44,636  (Balance Sheet)

Remaining Contributions to EOY         0

Surplus or (Shortfall)                   (16,564)  (See Note)

 

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

Required End of Year:                                        0

Remaining Contributions to EOY:                      0

Surplus or (Shortfall)                                          0

 

Note:  The General Replacement Reserve Fund is optional.  It is targeted to timely replacement of community’s aging assets. The fund’s total end-of-year requirement is based on the sum of all asset’s useful-life values (except townhome street related assets) for that year. A dynamically applied formula annually increases each individual asset’s replacement value to account for inflation.  It also deducts replacements of assets that take place during the year.  Since the fund is optional, it may occasionally operate in deficit as measured by projected end-of-year total requirement. Projected end-of-year total requirement is a key budget item.  Twelve equal monthly income contributions  to the fund are budgeted to meet the end of year requirement.  The first eleven months of the year – the fund will be in deficit as contributions accumulate toward meeting the budgeted end of year requirement target.  Contributions preempt monies for operating expenses.  This data is identified in detail in HOA’s  “Assets Replacement Plan”, the Annual Budget, and the monthly Balance Sheets.

 

Current deficit is due to: 1) Unexpected higher costs of Tot-Lot equipment in 2003, 2) 2004 transfer of about $6,000 to fully fund Townhome Streets Reserve,  3) 2004 transfer of $3,550 to Operating Funds for bridge upgrade and repair.

2005 budget includes accelerated contributions to General Reserve with a goal to eliminate the deficit by end of year.

 

December Budget Variances:

For the Month:                           $      445

Year-to-Date: (Close)                  $     (173) – Negative – See Note Below:

 

Note:  The negative year-to-date variance results from unbudgeted, increased spending from July to December, as authorized by a revised 6-month increased assessment approved by membership June 21, 2004.

 

Late Fees and Delinquencies  = $337 -  Below Average. (Excludes $406 in NSF collection from previous owner)

 

New Audit and Tax Preparation Contract: Treasurer provided copy of Auditor’s proposed contract for next two years.  Cost increased about 10% for two years.  BOD will compare terms to previous contract before signing a new agreement.

 

Previous Owner (??az) Vs HOA  - NSF Law Suit  - Mr. ??az was evading service so we filed a Motion for Service by Alternative Process in November asking the Court to grant us permission to post the Complaint and Summons at Mr. ??az's residence. Our Motion was granted and the Summons was posted on December 4, 2004 by our process server.  A trial is scheduled for February 2, 2005 in the District Court, however, Mr. ??az has not filed a notice of intent to defend.  If he fails to do so, we do not need to appear in court on Feb. 2nd, and the court should automatically enter a judgment against him.  Collectibles are two-times the amount due plus all legal costs.

 

4.  ARCHITECTURAL CONTROL, AND PROPERTY MAINTENANCE ENFORCEMENT:

 

Lisa Goodman is Acting Chairperson of Architectural Review Committee.

 

Unresolved Property Maintenance and ARC Guidelines Violations:  (See Table Located at end of minutes).  Secretary noted that 9 of 10 properties turned over to our attorney in July for long-term ongoing property maintenance violations have been corrected.

 

157?? Cherry Blossom Lane Owner Refuses Compliance:   During last 18 months, we sent 2 letters, and our attorney has sent 4 letters to owner.  We have now exhausted all administrative and legal communication efforts to resolve the issues: (Rotting garage door, Broken glass in garage door window, Missing crossbar on the postlamp).  Treasurer agreed to visit owner in a final effort to obtain compliance before HOA takes the matter to Montgomery County’s Commission on Common Ownership Communities.

 

Architectural Change Request (ACR) Applications Received This Month:  - None

 

BOD Recruiting 2 Additional ARC Members -  With Kathy Wyatt remaining as member, the committee consists of 3.  Kathy’s neighbor is considering joining ARC bringing total to 4.  Covenants require that ARC committee consist of an odd number.  Therefore, BOD desires to increase the committee to 5 members. Val Puddington often offers constructive ideas to ARC and has a wealth of experience and skills in community values.   Lisa Goodman will ask Val to volunteer.  Lisa is aware of another neighbor that has expressed interest in the past and will contact her this month.

 

Proposed HOA Property Maintenance Control and Enforcement Rule:  (See previous minutes).  Secretary noted base document is still going through editing.  Initial BOD review of first-draft is scheduled for February BOD meeting.

 


5. OLD BOD BUSINESS  - (Unfinished Business - See Previous Minutes):

 

Replacement Enclosure Ordered – Sprinkler/Lighting Controls :  The $1,805 purchase of a weather and ant-proof replacement sprinkler and lighting enclosure unit from "Cedarshed Industries" was ordered early 2005.  BOD approved the purchase in December but delayed ordering to avoid a potential 2004 cash flow problem.  The 100% western red cedar unit was necessary to deter enormous infestations of ants which have plagued the warm damp facility for many years.  The unit is larger than the existing enclosure to accommodate storage of HOA owned materials. Cedarshed waived a $100, 2005 price increase if we placed the order in January and take delivery in February rather than wait until spring.  It will be delivered mid February, stored locally, and assembled by community volunteers in April.  It will be funded as an asset replacement from General Reserves. The existing leaking and failing Rubbermaid unit was 7 years into a 15 year forecasted life - accumulating $225 in replacement funds which will be applied to the purchase of the new unit.  The incremental replacement reserve cost for the new enclosure is $1,580.

 

Closed Issue:  Center Island Purple Plum Tree:  State Highway Administration replaced the below-spec tree with a mature and more appropriate specimen consistent with other purple plum trees in the area.

 

In Process:  Two New Streetlights to Increase Safety for Blackberry Drive Island  - Excavation and construction began in late December with intent on completion by end of year.  However, contractor had materials delivery problems.

The underground wiring is complete and the light fixtures were delivered.  The project includes an outdoor duplex outlet at the base of one pole for HOA’s  future seasonal lighting ideas.  The project should complete by end of January. Because the project did not complete in 2004, and because the two new streetlights are not replacements, it cannot be funded by General Reserves.  However, it will now be funded by surplus operating funds rolled from 2004 into 2005.

 

Porten Homes Builder to Meet with BOD – Plans to Construct 45 Luxury Townhomes on PGC Property – New owner plans to attend our board meeting in February to provide more accurate information. The owner has requested zoning change – signs are posted for public hearing.  BOD must be represented at that hearing.  More information will be available at next board meeting.  PGC is already abandoning the area.  Construction is expected in 2005.  Issues of concern related to this development were discussed only in general terms tonight, and shall go undocumented until specific accurate information is obtained by BOD.

 

New Owner has contacted our president and discussed several issues of interest to both communities.  One issue is opening of West Citrus Grove Road into the new development. Orchard Knolls may not have a vote on this issue because it is already a Montgomery County Road.  Initial BOD response is negative due to potential higher traffic on Blackberry Drive. There are many variables on the access/egress issue.   There are several significant advantages and liabilities to Orchard Knolls in proposals to open this road.  One proposal is to terminate the existing Citrus Grove Road by blocking it with addition of a single family home, jointly owned pool, or community facility.  Apparently, there is a possibility of naming the new community Orchard Knolls II, and annexing or merging with our Association. The new development has access/egress problems from Rt 28 due to the divided island.  The high berm with it’s screening trees along our joint boundary is likely to remain high. Soil samples indicate it is natural, not fill as was suspected in earlier evaluations.  The new development will also have several Moderate Priced Dwelling Units (MPDUs).

 

Johnson’s Nursery Relocating – No additional information tonight.

 

Complaint – Blackberry Drive Sidewalk Dangerously Dark in Front of Tot-Lot  Secretary agreed to ask our streetlight contractor for ideas and potential solutions to this problem.

 

Unregistered Orchard Knolls Day Care Owner – Final Warning Letter – In December, Board requested that secretary turn the matter over to our attorney.  A final warning letter will be sent this week.

 

6.  NEW BOD BUSINESS

 

Complaint of Repeated Suspicious Black Camaro / Teen Activity on Blackberry Drive Near Tot-Lot – BOD has received a complaint by a homeowner walking their dog along Blackberry Drive near the Tot-Lot.  The complaint involved a suspicious vehicle, after dark, unlawfully parked in the wrong direction against the left curb in the oncoming lane. One teen was in the vehicle, when suddenly another teen came out from nearby bushes.  After being discovered, the teen in the bushes pretended to be calling a dog.  The teen then jumped into the vehicle and both left the site.  A few nights later, same owner identified the vehicle parked in the same unlawful manner and same location as a black Camaro but did not get the tag number.  Homeowner is unwilling to call the police at this time, but will attempt to get a tag number next time.

 

Complaint of Suspicious Vehicle, Virginia Tags,  on Citrus Grove Road – BOD has received complaint of a late model BMW sedan parked for long periods of time against the curb between homes.  There is no apparent activity to or from the vehicle.  This is a Montgomery County Road.  BOD advised homeowner to call the non-emergency police telephone and report it as abandoned.

 

Complaints of Improper Owner/Tenant Practices and  Behavior – In early December, BOD received two separate complaints from owner neighbors of HOC tenants at 12001 Cherry Blossom Place.  Complaints involved:  Operating a prohibited business from the residence, Refusing to park in assigned space, Unlawfully directing customers to park in assigned spaces of others, Placing trash out for pickup days ahead of schedule.  Tenant refuses to answer the door for neighbor or BOD discussion on the issue.  BOD sent a certified letter to HOC on December 27 requesting response by January 7th.  No response has been received.  There have been no further complaints from neighbors.

 

Seasonal Lighting – BOD agreed to remove the entrance wreath and gazebo lights at end of January.

 

Erroneous Firelane Sign Replaced – The north west Cherry Blossom Lane Firelane sign, directly across from approved striped parking, inaccurately identified no parking on either side.  The sign had been vandalized in years past and needed replacing.  The sign was replaced with more accurate words of warning.

 

Deferred BOD Business – Members offer to write “Opinions”.  In an effort to reduce backlog of deferred issues (See Item 7 below), secretary will assign them to volunteer board members this month for each member to evaluate and write an opinion of recommended disposition for next month’s meeting.

 

7.  DEFERRED BOD BUSINESS  -  NOT DISCUSSED:

 

Newsletter Postponed – BOD deferred newsletter until 2005.

 

Proposed Community Picnic Pavilion – (See Previous Minutes and Minutes of Annual Meeting).  Our previous HOA President Diane Quinn, representing herself as an owner, and representing Montgomery County Police, provided several cautions in context of managing after-hour use.  In addition, several adjacent neighbors were opposed. A straw poll at annual meeting indicates little overall interest in using such facility

 

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.

 

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. 

 

Establish Entrance 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.

 

Evidence of Multiple Unregistered, Unlicensed 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.  There has been no response.

 

Value Recovery for Damaged Rt. 28 Sprinkler System  -  Attorney notified SHA.  SHA evaluated site and agreed to repair  the damaged section themselves – no money.  Damaged section is no longer grass or sod and of no value to HOA.  HOA wants remedy for lost value.  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.  Secretary advised SHA.  There has been no response.

 

Storage for Archived 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

 

Construct Missing Stone Marque at East Blackberry Drive Entrance –  This investment would 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.

 

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.

 

Delay Upgrade – Blackberry Drive Tot-Lot.  The scheduled 2003 upgrade did not materialize due to surprisingly high cost of equipment, and straw polls that indicate little use and little demand for this lot.  The swing set and the see-saw remain – all other equipment was removed due to unsafe condition of the equipment itself.  BOD decided to limit upgrade to the East Tot-Lot only.  There are several alternative use proposals for the area.  Under consideration is a community picnic pavilion and eliminate it completely – grassing the area over.  Eliminating it could save approximately $12,000 in General Reserves, reduce annual maintenance and liability, and lower the general assessment.

 

Neglect of Lawn Care on Common Areas Adjacent to End-Units - End unit townhome side-lawns deceptively appear to be owned by townhomes. They are not.  All side-lawn property is 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 lawn care. Because of it’s prime location, that town home’s side lot receives HOA sprinkling, 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 eight similar HOA side-lawn properties.

 

ARK of Montgomery County in Cherry Blossom Place - Owner recently rented a townhome to ARK 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.

 

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 of Remote Owners  - 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. 

 

8.  ADJOURNMENT AND NEXT MEETING - Monthly meeting adjourned at 8:15 Pm.  

 

Due to Valentines day, Next regularly scheduled BOD meeting will be slipped out one week to Monday, February 21st, 2005, 7:00 Pm, location to be determined. Call any board member for location.  Orchard Knolls owners and residents welcome.  Input by mail, email, or web page welcome.


 

TABLES OF MINUTES-RELATED INFORMATION:

 

 

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

 

Appearance:

Add Missing “Orchard Knolls” Stone Marque On East Side Of Blackberry Dr Entrance

Add Bronze “Orchard Knolls Towns” Plaques On Existing Stone Columns

Supplemental Floral Upgrades Throughout Community (Landscape Innovations)

Ground Cover East Boundary Hillside Facing Sr Center

Ground Cover North Berm Hillside Erosion Areas

Matching Colonial Lamps On Existing Stone Columns At Townhome Entrance

Permanent Flagpoles With Uplighting At Front Entrance

Pressure Wash And Seal Mold and Decay from TH Retaining Walls

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

Townhome Street Sweep Service

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

Elevate East Entrance Flower Bed Grade

Retaining Wall by Gazebo Covered with Mold and Decay

All Wood Benches are Covered with Mold and Decay

Remove 9 Exposed Tree Stumps in Common Areas

 

Repairs:

Regrade Gazebo – Mosquitoes Breeding

Creek Bank Erosion Control

Overloaded Streetlight Power Circuit

Reroute Storm Water Flooding 15728 Cherry Blossom Lane

West end of Retaining Wall Behind West Berm Leaning Over

 

Improve Safety:

Blackberry Drive/Terrace Stop Sign to Replace Yield

Blackberry Drive Crosswalk at Playground

Add a West Cherry Blossom Lane Streetlight near Intersection To Blackberry Drive

Remove 9 Existing Common Area Stumps Below Grade.

Speed Control Implementation (Private) on Blackberry Drive

Convert Cherry Blossom Lane – One-Way

Add Sidewalk Lighting Along Fence by Blackberry Drive Tot-Lot

Security Lighting Along Creek And Bike Path

 

Add Screening:

Trees  - North Berm, From Rt 28.

Trees - North Cherry Blossom Court Townhomes From Rt 28

Trees - Senior Center Boundary

 

Improve Community Social Facilities

Annual Community Picnic

Covered Picnic Pavilion  - South West Lot

Volleyball Court - Cherry Blossom Lane Courtyard

 

Community Upgrade - Brick & Cedar-Shake Rain Cover (Open Architecture) at Rt 28/Blackberry Drive Entrance

Community Upgrade – Traditional Architecture Community Welcome Message Marque Unit at Entrance

Community Upgrade - Voice Mail for HOA

B.  UNRESOLVED PROPER MAINTENANCE OF PRIVATE PROPERTY AND LOTS:

 

Board of Directors is obligated by Article VIII and XIII of our Declaration of Covenants to enforce proper private property maintenance of homes and lots. Architectural Guidelines is a lawful extension of the Covenants created by authority of Article VIII and executed by majority vote of Board of Directors.  Spring and fall, on the day after we change 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 conditions in violation of Covenants or Architectural Guidelines.  Noted below is the legal Board of Director’s 6-Step Procedure authorized by Article XIII to enforce correction to exterior 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 4               BOD Obtains Contractor Quote to Repair

                         BOD Quote Review;  Resolution to Proceed, One Per Property – Requires Majority Vote

                         BOD Contract to Enter Property, Resolve Violation.  Invoice to Owner – Payable Net 10 Days

Step 5               If Unpaid, ABS Deducts From Incoming Assessment.

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

 

CURRENT PROPERTY MAINTENANCE AND ARCHITECTURAL GUIDELINE  VIOLATIONS:

 

TOWNHOME COMMUNITY:

 

Cherry Blossom Lane:

157?? – Vertical Deck Rails

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

 

157?? – Non Brass Post Lamp Fixture

November 10, 2004 – First Letter – Post Lamp Fixture 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?? – Unpainted Deck Rails, White Box Deck Frame  – Violates ACR Application and Architectural Guidelines

August 16, 2004 – First Letter, Request Corrections before onset of winter.

September, 2004 – Telcon – Will paint rails soon.  Owner requests white frame correction advice from BOD.

October 13, 2004 – Second Letter – Provided 3 Alternatives, Correct before May 2005.

 

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?? Severe Peeling Paint – South Side Roof-Rake Trim Boards.

December 1, 2004 – First Letter Requesting Repairs.

 

157?? – Green Storm Door Does not Match Trim – Violates Architectural Guidelines

June 1998 – First Letter Request Correction to Color

August 31 1998 Second Letter Request Correction to Storm Door and Several Maintenance Items

July 3, 2002 – Third Letter – Correct Door Color, or Submit Architectural Change Request

 

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

November 3, 2004 – Attorney Letter Informing of Potential Law Suit to Correct Conditions. Mailed Certified.

November 10, 2004 – Attorney Letter Providing Hard Copy of HOA Rights to Enter and Repair Conditions

December 22, 2004 – Attorney Letter – Next Step is CCOC or Legal Action -  Will Include Legal Fees.

 

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

 

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

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

 

120?? – Paint Peeling on Roof Rake Trim

 

120?? – Paint Peeling on Roof Rake Trim

 

120?? – Painted Dark Red Deck, Rails and Support Structure & Vertical Rails Violate Architectural Guidelines

August 12, 1995 – Vertical Rails Waived – ARC Error.  Waiver Letter from President to Owner in file.

July 2, 2002 - Legal order 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

?? - 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

 

?? – Rear Fence -  Several Smashed and Damaged Boards on Gazebo Side

 

DETACHED HOMES:

 

Blackberry Drive:

156?? – Mailbox post is rotting and peeling paint.

November 18, 2004 – First Letter Requests correction by May 2005

 

156?? – Roof Rake Trim Boards Peeling Paint

November 18, 2004 – First Letter Requests correction by May 2005

 

156?? – Bottom of Garage Door Rotting - Unsightly

November 18, 2004 – First Letter Requests correction by May 2005

 

Blackberry Terrace

120?? – Portico above door rotted, damaged, and needs paint

November 18, 2004 – First Letter Requests correction by May 2005

 

120?? – Peeling paint on many areas of home trim.

November 18, 2004 – First Letter Requests correction by May 2005


 

120?? – Dormer trim rotted, shutters faded – needs painting.

November 18, 2004 – First Letter Requests Correction by May 2005

 

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

??  – 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

 

?? – Portico above door is rotted and peeling paint – unsightly

November 18, 2004 – First Letter Requests correction by May 2005

 

Citrus Grove Road

120?? – Bottom of Garage Door rotting and unsightly

November 18, 2004 – First Letter Requests correction by May 2005

 

120?? – Dormers rotted, Garage Door broken, Siding on garage side damaged

November 18, 2004 – First Letter Requests correction by May 2005

 

121?? – Roof Rake trim boards peeling paint on Blackberry Drive side

November 18, 2004 – First Letter Requests correction by May 2005


 

C.  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 – None

 

HOA Trees – Adjacent to Private Homes – Removed Not Replaced

2002 - Two Moderate Flowering Dogwood - Northwest Corner Cherry Blossom Lane

2004 – Large Flowering Cherry – Across from 15734 Cherry Blossom Lane

2004 – Two Flowering Cherry – In Front of 12006 Cherry Blossom Place

2004 – Large Bradford Pear – Beside 15746 Cherry Blossom Lane

2004 – Moderate Flowering Dogwood – Beside 15701 Cherry Blossom Lane Side

 

HOA Trees in Common Areas Removed – Removed Not Replaced

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 – Hedges at 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.