ORCHARD KNOLLS HOMEOWNER’S ASSOCIATION, INC (HOA)

PO Box 4225, North Potomac, Maryland  20885

 

Incorporated 1989 - A Self-Managed, Volunteer Community

 

Soliciting on HOA Property is Prohibited by Covenants

 

WWW.ORCHARDKNOLLS.ORG

Minutes – Monthly Board Meeting

 

March 14, 2005

 

TYPICAL BOARD MEETING AGENDA (Owners Welcome, Others by Appointment)

1.  Administrative Matters

2.  Scheduled Hearings and Guest Presentations (If Any)

3.  Treasurer’s Report and Financial Business

4.  ARC and Property Maintenance Business

5.  Unfinished Business

6.  New Business

7.  Unresolved Business (May Not be Addressed)

8.  Deferred to Annual Membership Meeting (Scheduled for November 2005)

 

CONTRACTED SERVICES:

Auditors & Taxes Preparation:

Ahlberg & Company, P.C.

Paving & Striping:

American Paving and Striping

Attorney and Legal Consultant:

David Gardner

Resident Agent:

Attorney David Gardner

Bookkeeping & Collections:

Association Bookkeeping Svcs

Sprinkler & LV Lighting:

Unity Environmental Systems

Street Lighting and Electrical:

Power Systems Electric

Signage:

The Sign Store

Copy and Stationary:

Kinkos & Rockville Printing

Towing:

G&G Towing Services

Lawncare, Landscape & Snow Removal:

Landscape Innovations Inc.

Web Master:

Interland, Inc.

 

BOARD OF DIRECTORS (BOD) -  Volunteers Elected by Annual Membership 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)  - Volunteers 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 – Article VIII, Section 1.

 

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

 

 

1.  ADMINISTRATIVE  MATTERS: 

 

Call To Order:                               7:00 p.m. 12014 Cherry Blossom Lane

Absent BOD or ARC Members:      Rita Becker, Kathy Wyatt

Guests:                                         David Haas, Owner – Orchard Knolls

 

Minutes:  Minutes were posted to our website several weeks ahead of meeting.  A printed copy was also placed on the table for review and access.  President asked if there were any changes.  There were none.  Motion made to accept minutes without further change.  Motion was 2nd, and passed unanimously.

 

2.  HEARINGS AND GUEST PRESENTATIONS:

 

Property Maintenance Hearings  - (Article VIII & XIII)                      None

   Common Area Hearings  - (HOA Rule 2003-1)                           None

Guest Presentations:                                                                 Not Documented at Request of Guest

 

  3.  TREASURER’S REPORT:   

 

                Remaining Operating Funds This Quarter:  (Cash Flow)     

Cash in Checkbook:                                             

  $9,157 From Balance Sheet

Less, Not-invoiced Commitments this Quarter:

 

     Fixed:  (2005 = Approximately $3K / Mo)                                

    3,000 March

     Completed Variable Work:

 

New Streetlights (Blackberry Drive Island)            

    1,667  2 of 2  Invoices

Attorney Fees for G-834 Re-Zoning

       700  Estimate

Attorney Fees for Rule 2005-1                                                          

       300  Estimate

Snow Removal (February-March)

    2,000  Estimate

Incremental Transfer to General Reserves for New Enclosure

    1,600  ($1,805 – 225)

New Enclosure Installation Materials

         80  Estimate

Surplus  (Shortfall):

$  2,810  Surplus

 

 

Reserve Funds: (As of February 28)

 

 

 

 

 

Townhome Street-Related Replacement Reserve

 

 

Required End of Year:   

$ 78,200  From TH Streets Replacement Plan

 

Actual This Month:        

  -71,611  From Balance Sheet

 

Contributions to EOY:                                                   

    -6,583  ($7,900 Annual  / 12 Mo) x 10 Remaining Mo)

 

Surplus or (Shortfall):                          

          (6)

 

 

 

 

General Replacement Reserve   (All Other Assets):

 

 

Required End of Year:

$ 75.900  From All Other Assets Replacement Plan

 

Actual This Month:

  -45,281  From Balance Sheet

 

Contributions to EOY:                                       

  -12,250  ($14,700 Annual / 12 Mo) x 10 Remaining Mo)

 

Surplus or (Shortfall):                 

  (18,369) (See Note)

 

 

 

 

Operating Reserve  

 

 

Required End of Year:

$1,340  2% of Previous Year Operating Budget

 

Actual This Month:

 -1,340

 

Contributions to EOY: 

         0  Paid in Advance to Open Account

 

Surplus or (Shortfall) :                               

         0

 

 

Note:  Shortfall in General Replacement Reserves is due to:

1)  2003 - Additional $7,000 (incremental over plan) to replace S/E Tot-Lot equipment.

2)  2004 - Transfer $6,000 to TH Streets Reserve to adjust for 6-years of insufficient contributions.)

3)  2004 - Transfer $3,600 to operating funds for pedestrian bridge upgrade and repair.

4)  2005 - Additional $1,600 (incremental over plan) to replace Electronics Controls Enclosure Unit

 

Budget Variances:

For the Month:

 $      (1,113)

 

Year-to-Date:

 $      (2,485)  Negative due to unexpectedly high snow removal costs

 

Delinquencies and Late Fees: 12 = $1,906.  9 < 2 months, 2 < 4 Months, 1=NSF in Legal Collections.

 

Progress:  NSF Law Suit;  Previous Owner (Diaz) Vs HOA  - District Court Of Maryland (Montgomery County) has issued a Writ of Garnishment for $822.50  to owner’s bank account at Wachovia Bank.

 

Balance Sheet and Income/Expense Statement Adjustments – Earlier this month, we requested that ABS adjust the syntax of several line items to be consistent with our budget item descriptions – and terms we use to identify accounts at annual meeting.  In addition we requested two off-setting funding corrections to the Site Maintenance Account.  That requested was also to be consistent with our budget approved last November annual meeting. ABS accomplished all requested changes this month.

 

4.  ARCHITECTURAL CONTROL & PROPERTY MAINTENANCE:

 

Semi-Annual ARC and BOD Community Inspection Scheduled for April 3 – Our semi-annual community walk-through inspection (townhomes this time) is scheduled for Sunday, April 3 starting at 3pm.  All ARC and BOD members should attend.  Inspection will begin at intersection of Cherry Blossom Lane and Blackberry Drive.

 

157?? Cherry Blossom Lane Property Maintenance Compliance -  Unsightly Appearance of Rotting Garage Door.  The broken window glass has been replaced, the post light crossbar has been replaced, the rotted door has not been repaired.  Semi-annual community walk-through inspection is scheduled April 3.  All members of ARC and BOD will observe current conditions.  A disposition decision on this property will be made from that inspection.

 

157?? Cherry Blossom Lane – Architectural Guidelines Compliance –  Owner noted that two of their Info@orchardknolls.org communications failed to reach ARC or BOD.  Owner has been trying to alert HOA that they fully intend to resolve all open issues as soon as good weather breaks.  ARC and BOD responded this month with contingent approval of their suggestions to resolve the white support structure under the deck.

 

Architectural Change Request (ACR) Applications This Month:

  

15626 Blackberry Drive               Storage Shed                Received - Referred to ARC for Review

15746 Cherry Blossom Lane       Satellite Dish                 Approved

 

HOA Property Maintenance Control and Enforcement Rule 2005-1:   Completed editing of base document to comply with Orchard Knolls environment.  Copies were distributed to board members earlier this month for final review and markup.  Changes were received and edited into the final document.  Tonight, secretary displayed the final document to all board members and reviewed need for the rule based on our attorney’s recommendation.  Secretary noted that revised Montgomery County Code Chapter 10b requires the added “Hearing” provisions of this rule.   Secretary again reviewed intent with board members and noted that next step was re-submission to attorney for final editing and printing in legal form for execution and adoption by the board next month.  Secretary asked if there were any additional changes to be made.  There were none.  Secretary noted the board was committing to expense of final legal review and document preparation.  Board agreed (unanimously) to proceed.  Secretary will submit the final draft to our attorney this week.

 

Lisa Goodman is Acting Chairperson of Architectural Review Committee.

 

BOD Recruiting 2 Additional ARC Members – No Progress

 

Table of ARC Guidelines Violations and Property Maintenance Enforcement:  (Located at end of minutes)

 

 

5. OLD UNFINISHED BUSINESS  - (Previous Minutes):

 

 

Additional $80 Approved to Install Sprinkler/Lighting Controls Replacement Enclosure;  Plans are underway for volunteers to install the unit to have it ready for mid-April when the sprinkler contractor arrives for startup.  The sprinkler contractor at that time must relocate the electronic controls for the sprinkler and low-voltage lighting into the new enclosure.  Jerry requested approval to spend up-to $80 for foundation materials.  Board approved the expense.

 

Quote Received - $1,920 for Additional Streetlight at Intersection of Cherry Blossom Lane at Blackberry Drive This area is very dark.  It does not have a streetlight on the Cherry Blossom Lane side (area of the Stop sign).  This area is regularly prone to black ice in winter.  Further, this intersection has had two vehicle accidents and one pedestrian accident.  Neighbors have requested additional safety lighting. The opposite end of Cherry Blossom Lane in both directions has a streetlight – this end does not. Board is reluctant to commit this money now due to unexpected over budget items in snow removal and legal fees.  It will be deferred to Annual Membership Meeting.

 

Quote Received - $3,250 for New Blackberry Drive Sidewalk Street Light (Tot-Lot Entrance) - Contractor quote for this unit arrived this month.  The cost is $3,250.  The high cost is due to the long underground supply circuit and requirement to go under Cherry Blossom Lane.  In addition, the project requires completion of an added streetlight on Cherry Blossom Lane – another $1,920.  Both projects will be deferred to Annual Membership Meeting.

 

Deferred Again – Deferred BOD Business – Members to Write “Opinions”.  In an effort to reduce backlog of deferred issues (See Item 7 below), by common agreement on the board, secretary assigned them to volunteer board members two months ago for each member to evaluate and write an opinion of recommended disposition for next month’s meeting.  BOD again deferred review on these matters to next month.

 

 

6.  NEW BUSINESS

 

Landscape Innovations Inc (Lawncare and Snow Removal) Re-Organized;  Our site supervisor and partner in Landscape Innovations is no longer with the company.  Terms of his agreement with the company prevent him from contacting us or discussing business with us.  The remaining partner, Bob Meade, has contacted us assuring that they will honor all terms and conditions of our 2005 contracts.  An on-site review meeting with our president and secretary is being planned before next board meeting.

 

Request for Monthly Lighting Inspection Contract (RFQ):  We have asked our electrical maintenance contractor Power System’s Electric, to provide a monthly inspection contract as follows:  All electrical systems for 17 association streetlights, 4 entrance marque lights, 2 gazebo mailbox lights and 48 privately owned residential post-lights.  The maintenance contract will include a fee schedule for materials frequently needing replacement such as light bulbs and photo cells.  The maintenance contract will also include an optional inspection of Montgomery County Streetlights within our association, including turnkey follow up calls to the county for repair. 

 

New Sprinkler and Low Voltage Lighting Systems Maintenance Contract Signed - Unity Environmental Systems (Our sprinkler systems contractor) has agreed to an annual maintenance contract.  We signed the contract at board meeting tonight.  Contract calls for spring startup, fall shutdown, inspections and routine maintenance of our extensive 15-zones of underground sprinkler systems – combined with on-site maintenance of the low voltage lighting system in the Blackberry Drive Center Island. Included in the contract are water conservation adjustments and clock timing adjustments. Also included are lens cleaning and bulb replacement for low voltage lighting in the center island.  An optional mid-summer inspection and adjustments visit is identified for an additional $625.  Damages, unexpected repairs and unplanned upgrades will be billed at Time and Material. The combined contract is expected to save about $900 per year.

 

Snow Removal Costs Climb:  Two more storms have boosted total costs for snow removal to $6,700.  Our entire budget for 2005 is only $1,800.  BOD is negotiating reduction of latest snow removal invoices. 

 

Budget Overruns - Some 2005 Planned Projects Must be Cancelled – Due to the nearly $5, 000 overrun in snow removal and the unbudgeted estimated additional $5,000 legal expenses for Porten/PGC Rezoning Opposition effort, BOD must identify what planned 2005 projects to cancel at next BOD meeting.

 

Proposal Requested - Upgrade & Replace Marque Florescent Lighting – This RFQ still outstanding.

 

Proposal Requested:  Construct Stone Marque at East Blackberry Drive Entrance –  Contractor sent us an update noting he will be ready for a draft presentation within a month.

 

7.  UNRESOLVED BUSINESS  – DEFERRED TO NEXT MEETING -  (NOT DISCUSSED)

 

Suspicious Mailbox Behavior – BOD has received information from an owner that the Cherry Blossom Place tenant that was evicted over a year ago, occasionally returns and sits in a parked vehicle in Cherry Blossom Place – apparently waiting for the mail to arrive at the gazebo.  What precisely happens once the mail arrives is unknown.  There is reason to believe that this behavior may be linked to the 2004 attempted break-in(s) at the gazebo mailbox units.  There is no violation of law that we know of at this time.  We have asked the owner to report any related events.

 

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.

 

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.

 

Relocating:  Johnson’s Nursery  – No additional information.

 

Newsletter Postponed – BOD deferred newsletter until 2005.

 

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.

 

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

 

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.

 

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.

 

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.  BUSINESS DEFERRED TO NEXT ANNUAL MEMBERSHIP MEETING

 

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.

 

Blackberry Drive Tot-Lot Upgrade.  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 the 2003-4 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 the tot-lot, 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

 

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

 

ADJOURNMENT  - Monthly meeting adjourned by call of the President at 9:00 Pm

 

NEXT MEETING -. April 11, 20057pm  Call any board member for location.  Orchard Knolls owners and residents welcome. Non-owners and guests by invitation only. Input by US mail, email, or web page.


 

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

Remove 9 Existing Common Area Stumps Below Grade.

Speed Control Implementation (Private) on Blackberry Drive

Convert Cherry Blossom Lane – One-Way

Security Lighting Along Creek And Bike Path

 

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

 

Facilities & Equipment Additions

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

Community Welcome-Message Marque Unit on Center Island

Voice Mail for HOA

Covered Picnic Pavilion  - South West Lot

Volleyball Court - Cherry Blossom Lane Courtyard


 

B.  UNRESOLVED PROPERTY MAINTENANCE /ARCHITECTURAL GUIDELINE  VIOLATIONS:

 

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 Board of Director’s 6-Step Notice and Enforcement Procedure authorized by Article XIII to remedy correction to exterior property maintenance 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 3a             Proposed:  Montgomery County Codes Enforcement Rule – Requires Board Hearing before next step.

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

 

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.

November 2004 – Email from owner confirms intent to resolve all issues before/near time of next inspection.

 

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.

January 26, 2005 – Confirm Cross Bar and Window Replaced, Rotted Door Remains Rotted.

 

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

 

12014 – 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 – 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.