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

Governing Documents Are Available On Web Page

WWW.ORCHARDKNOLLS.ORG

Minutes – Monthly Board Meeting

May 16, 2005

TYPICAL AGENDA - Owners Welcome, Others by Appointment

1. Administrative Matters

2. Hearings and Guest Presentations (If Any)

3. Treasurer’s Report and Financial Business

4. Architectural Review Committee and Property Maintenance Report

5. Unfinished Board Business

6. New Board Business

7. Unresolved Business (May Not be Addressed)

8. Issues Deferred to Annual Membership (Next Meeting November 2005)

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

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 2005

Secretary

Jerry Way

301-977-0523

jerway1@verizon.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

Val Puddington

Representing Detached Homes

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

ORCHARD KNOLLS DEVELOPER, BUILDERS, AND DEMOGRAPHICS:

Developer:

Elm Street Development Corp - Northern Virginia

   

Detached Home Builders:

NV & Southern Engineering

83

55%

Garaged Town Home Builders:

NVR Classics (Northern Virginia Ryan)

48

32%

Privately Owned Non-Garaged Town Home Builders:

NVR

12

8%

County Owned Non-Garaged Town home Builders:

NVR

7

5%

Total Homes:

Total Homes:

150

 

ORCHARD KNOLLS’ CONTRACT SERVICES AND SUPPLIERS:

Auditors & Taxes Preparation

Ahlberg & Company, P.C.

Painting & Finishes

Mullin Painting Services

Attorney and Legal Consultant

David Gardner

Resident Agent:

Attorney David Gardner

Banking

Bank of America

Sprinkler & Underground Lighting

Unity Environmental Systems

Bookkeeping & Collections

Association Bookkeeping Svcs

Signs

The Sign Store

Copy & Reproduction Services

Kinkos

Snow Removal (Town Homes)

Landscape Innovations Inc.

Exterior Construction & Fencing

TML Construction

Street Lighting and Electrical

Power Systems Electric

Electricity

Pepco

Towing

G&G Towing Services

HOA Stationary

Rockville Printing

Trash & Waste Services

Titus of Montgomery County

Insurance & Bonds

State Farm

Water & Sewer

WSSC

Lawncare, Landscape, Tree Services

Landscape Innovations Inc.

Web Master

Interland, Inc.

Paving & Concrete, Striping

American Paving and Striping

   

 

1. ADMINISTRATIVE MATTERS:

Call To Order:

7:00 p.m. - 2014 Cherry Blossom Lane

Absent BOD/ARC Members:

Rita Becker, Kathy Wyatt

Guests:

None

Minutes Review and Acceptance: Procedure: President is Chief Editor. Previous month’s edited minutes are posted to our website several weeks ahead of meeting. Members review them online. One unedited printed copy for permanent records is on the table for review. President identifies the printed copy and asks for any changes.

There were none. Motion made to accept without further change. Motion was 2nd, Passed unanimously.

2. HEARINGS AND PRESENTATIONS:

Property Maintenance & Architectural Guidelines Rule 2005-3 None

Common Area Behavior Rule 2003-1 None

Guest Presentations None

3. FINANCIAL STATUS AND TREASURER’S REPORT:

Operating Cash (Excludes Reserves) For This Quarter:

Checkbook Balance End of Last Month:

$16,815 From Balance Sheet

Less Unbilled Commitments to End of Quarter:

 

Fixed: (Jan, Apr, Jul, Oct = $9,900)

Fixed: (Feb, May, Aug, Nov = $6,600)

6,600 May

Fixed: (Mar, Jun, Sep, Dec = $3,300)

Attorney Fees (Porten) 4/15 – To 6/6 Zoning Hearing

2,500 Estimate

Incremental Reversal to General Reserves for New Enclosure

1,600 ($1,805 – 225)

Shed Enclosure Installation Finish Materials

175 Invoice Submitted

Shed Enclosure – Keys for Board Members

8 Estimate

Sprinkler System Startup Contract 1 of 2 Payments

1,000 Contract

Sprinkler System Repairs (Time & Materials)

2,300 Invoice Submitted

Repair Entrance Lighting and 2 Streetlights

500 Estimate

Remove 2 Entrance Hollys

75 Quote

Furnish and Install 8 Replacement Trees

1,125 Quote

Purchase 1, 6-8 Ft Leyland Cypress for Shed Screening

69 Estimate

Remove 2 Dead Photinia on CBL Including Roots

88 Quote

Spray Hemlocks on Berm for Insects

250 Quote

Newsletter Materials and Mailing Costs

400 Estimate

Purchase Yard Sale Banner

60 Estimate

Surplus (Shortfall):

$ 65 Surplus

Replacement Reserve Funds:

1. Townhome Streets-Related

 

Required 12/31/2005 (TH Streets Replacement Plan)

$ 78,200

Account Status - This Month’s Balance Sheet:

-72,979

Budgeted Monthly Contributions to EOY:

-5,267 ($7,900 Annual / 12 Mo) x 8 Remaining Mo)

Current Month Surplus or (Shortfall):

(46)

   

2. All-Other-Assets

 

Required 12/31/2005 (All-Other-Assets Replacement Plan)

$ 75.900

Account Status - This Month’s Balance Sheet

-44,043

Budgeted Monthly Contributions to EOY:

- 9,800 ($14,700 Annual / 12 Mo) x 8 Remaining Mo)

Incorrect Withdrawal for Shed; $1805 Should Have Been $205

1,600 (Will be reversed from op funds next month)

Current Month Surplus or (Shortfall):

(20,457) (See Notes Below)

 

Note: Shortfall in All-Other-Assets Reserve is due to:

1) 2003 - $7,000 loan. S/E Tot-Lot equipment cost $10,000. There was only $3000 in the fund for that project.

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

3) 2004 - $3,600 Loan. Unbudgeted pedestrian bridge upgrade and repair.

Operating Reserve:

Required 12/31/2005 (2% Previous Yr Operating Budget)

$1,340

Account Status - This Month’s Balance Sheet

-1,340

Monthly Contributions to EOY:

0 Paid in Advance to Open Account

Current Month Surplus or (Shortfall) :

0

Budget Variances:

For the Month:

$ (1,450)

Year-to-Date:

$ (3,937) Unexpected snow removal costs and Porten rezoning legal expenses.

Delinquencies & Late Fees: (BOD is required by covenants to initiate legal collections for delinquencies greater than 6-Months.

Total Delinquent Accounts

11

Total Amount Delinquent

$2,537

Greater than 6-Months:

3

Less than 6-Months

7

Legal Collection Process

3

District Court

1 (Diaz Vs HOA – NSF Law Suit)

BOD authorized Treasurer to initiate legal collection procedures on three owners identified by ABS as delinquent more than 6 months.

Auditor Declares Bad Debt on NSF Law Suit; Previous Owner (Diaz) Vs HOA - Our auditor intervened and declared the debt as a "bad debt" for audit and accounting purposes. Our legal collection effort will proceed.

Closed Issue – Taxes: Treasurer confirmed he signed Tax Extensions for Federal, State and Montgomery County. Rick filed the Personal Property Taxes several weeks ago.

Closed Issue: Storage for HOA Records – ABS declined to locate a storage facility or administer transfer of our old records. Board feels if ABS advises us there is no need to store the records – we should not go to the expense or effort. There are no volunteers on the board to locate a storage facility or pursue this matter further. Issue is closed.

Closed Issue: HOA’s Records Prior to 1998 Destroyed. Treasurer reports that ABS advises the records were destroyed within IRS law and in compliance with good business practices. Seems we now have no choice. Issue is closed.

Draft 2004 Audit Received: Treasurer did a cursory review identifying no significant issues in the draft. Secretary will review, then forward to President Rick. Final decision to accept and publish will occur at next monthly board meeting.

Final Invoice for New Sprinkler/Lighting Enclosure Unit – Jerry submitted a $175 final invoice with receipts for

previous board approvals related to finish work associated with the installation (Foundation, sealer, tie-downs etc).

Associated Bookkeeping Contract Renewed: BOD approved the contract renewal with no price increase for another year. Rick signed the contract tonight.

4. ARCHITECTURAL REVIEW COMMITTEE & PROPERTY MAINTENANCE BUSINESS:

Table Of Architectural Guidelines And Property Maintenance Violations At End Of Minutes.

Semi-Annual Community Inspection Rescheduled Again. Due to June 5th conflicts, inspection rescheduled to June 12th at 4pm. ARC and BOD members should attend. Inspection will begin at Cherry Blossom Lane and Blackberry Drive.

Approved: Architectural Guideline for Detached Homes Storage Buildings – The draft language from last month’s board meeting was reviewed and approved by ARC and BOD tonight. It reads as follows:

Storage Units, Out Buildings and Sheds (Storage Facilities):

General: Storage Facilities require advance submission of an Architectural Change Request form. Storage Facilities planned with poured concrete foundations will not be approved. Storage Facilities will be considered temporary structures and will continue to be controlled by HOA’s temporary structure covenants. Storage Facilities must be constructed of materials that will not rust including all fasteners.  Design and color must be in harmony with architectural style, siding, and trim of the home, including cedar-shake roof materials. Locations will not be approved in side yards forward of the rear foundation line of the home on the lot. ARC will not approve locations on any decks. Judgment for acceptable locations shall remain the exclusive right of ARC. No more than one shed will be approved per lot. Storage Facilities of more than one level, interior stairs, or with ceiling-header height greater than seven feet will not be approved (ceilings not required). Storage Facilities with vehicular garage doors will not be approved. Storage Facilities planned with interior and/or exterior lighting, and/or walkways must include specifics of type and location. . 

Upgrades: Enlargement, changes in design, style, relocation, or color, also require prior submission of an Architectural Change Request, and shall be pre-approved and signed by all owners identified under "Additional Restrictions" below.

Structure Damage, Re-Sale Removals and Demolition do not require submission of an Architectural Change Request however must include removal of all materials from the lot and concurrent restoration of the entire footprint with matching sod (not seed). Structure damaged units must be restored or removed within 90 days of cause.

Additional Restrictions:

Townhomes: Architectural Change Request application must be pre-approved and signed by all owners having capability of viewing Storage Facility from any yard, deck, window or doorway on all sides and rear of the proposed location. Due to fire risk for the entire townhome building unit, ARC will not approve storage facility locations immediately adjacent to homes or under decks. Storage Facility will only be approved for rear yards and only if the yard is completely fenced, in compliance with HOA criteria.  Roof peak height shall not exceed top of fence.  Total area footprint shall not exceed 10% of available rear yard as measured inside property lines, less the footprint of any other ongoing storage, plantings, garden plots or installed equipment such as a/c unit, stacked firewood, playground equipment, patios, etc.

Detached Homes: Architectural Change Request application must be pre-approved and signed by owners on both sides and the rear of the lot location . Total area footprint shall not exceed 200 square feet (200 sq ft equals a typical one-car garage).

Approved: Architectural Guideline for Exterior Storage of Ladders – The draft language from last month’s board meeting was edited to revise the recommendation from secure all ladders, to a requirement to lock all ladders. It was again reviewed and finally approved by ARC and BOD tonight. It reads as follows:

Ladders (Appearance, Use, Storage on Lots or Vehicles)

General: Exterior-stored maintenance or construction ladders present a commercial and unsightly appearance. The intent of this guideline is focused on maintaining a residential appearance from a neighbor’s view. Stored ladders prevent proper lawn cutting when stored on grade. For community appearance and safety of neighbors in high-wind conditions, our Architectural Review Committee has developed the following ladder storage and use restrictions for all Orchard Knolls owners:

Temporary or permanent exterior storage of maintenance or construction ladders of any type, if the ladders have-been, are now, or will be utilized for commercial purposes, is prohibited anywhere in Orchard Knolls.

Exception: An exception to these restrictions is the periodic utilization of ladders on Orchard Knolls lots by the owner, or owner’s contractor, specifically in-use for property maintenance or ARC approved construction, and with a known completion date. When in use for an ongoing project, ladders must be lowered at end of each day (not left leaning against a work area).

Specific Restrictions:

Townhomes: Only one construction ladder per lot is allowed to be stored on the exterior of any unfenced townhome. Multiple ladders may be stored in the interior, in an orderly fashion if the lot is completely fenced. (See material restrictions on town home fences). Ladder is not to be stored on grade unless the rear yard is completely fenced. If the ladder is stored hanging parallel to grade on a suitable structure such as a fence, the closed length shall not exceed the length of any one side of the fence, or protrude into common area, or other’s private lots.

Ladders on Vehicles: Temporary or permanent exterior storage of ladders utilized for commercial purposes is prohibited on vehicles of any type in Orchard Knolls, including overnight storage.

Storage and Locking Requirement: When permitted, ladders that are stored on grass must be securely stored on edge, (not flat) to prevent accumulation of unsightly tall grass and weeds through sections of the ladder. When stored, the ladder must be closed, on grade, or safely hanging parallel to grade, on a suitable structure such as a fence. To reduce the possibility of the use of ladders for criminal intent in our neighborhood, all stored ladders must be locked to a secure post with a suitable cable-lock arrangement.

Owner Accepted Temporary Waiver for Unapproved Trim Color - 12022 Blackberry Terrace - Secretary noted we received record from post office that owner received our offer of temporary waiver to unapproved color valid until next required repainting or sale of property. Receipt of letter without objection constitutes acceptance.

Architectural Change Request (ACR) Applications Processed This Month:

12018 Blackberry Terrace Covered, Screened Porch Addition Approved

New Maintenance and Guidelines Enforcement Rule 2003-5 To Be Mailed with Newsletter – To reduce postage, the newly adopted rule will be distributed to all owners as an attachment to the upcoming Newsletter mailing. The mailing goes to all owners of assessment record. Secretary will notify ABS.

Val Puddington to Serve on ARC – BOD was pleased to receive written word that Val wishes to participate on ARC. Val has qualifications and credentials that will be useful to the community as she volunteers on this committee. Motion was made, seconded, and passed to make the appointment. Secretary will send a letter to Val.

BOD Request for ARC Member Resignation – Due to lack of participation for nearly two years, a motion was made for Secretary to ask ARC member Rita Becker to step down. Secretary noted that Article VIII provides for board to terminate members that do not regularly participate and that the motion should be made to terminate. Motion was seconded and passed. Secretary will send a letter to Rita.

5. UNFINISHED BUSINESS - (Previous Minutes):

Add Screening to Sprinkler/Lighting Control Center – BOD approved purchase of a mature Leyland Cypress for north side of shelter. Jerry warned of many underground low voltage wires in that area and agreed to manually dig the hole and install the tree. BOD is soliciting recommendations on type of future screening to apply to Blackberry Drive side.

Sprinkler/Lighting Control Center Complete - Keys to Board Members – Secretary will have keys and tags made for each board member. Secretary will send thank-you letters to friends of Orchard Knolls that volunteered their time.

6. NEW BUSINESS

Relocation of Johnson Nursery – Johnsons’ filed amendment to special exception zoning (Case S-2070-A) to operate a nursery on their new location (past Safeway toward Riffleford Rd). The exception is amended to include operating hours, size of operation, employees etc. The hearing is June 27, 2005. Notice of Special Exception is posted on property.

Dead Trees – Our Landscape & Lawncare contract requires contractor to provide a "dead tree and shrub inventory". We received the inventory noting two dead white pine near pedestrian bridge #2. Cost to remove, excluding stumps, was $262.50. BOD elected to postpone to fall. Inventory also noted two dead Photinia along berm between Cherry Blossom Lane and Blackberry Drive. Cost to remove including stumps was $87.50. BOD agreed. Secretary will inform contractor.

Spray Berm Hemlocks for Insects and Mites. Our Landscape and Lawncare contractor noted the Hemlocks on the berm facing Rt 28 are infested with "Wolly Adelgid" and Mites. They will kill the trees this season. Cost to spray is $250. Rick, Jerry and Eileen inspected and agreed. BOD agreed to spray. Secretary will inform contractor.

Request to Fund Activation of HOA Floodlights Rejected - 12001 Cherry Blossom Lane – BOD received a request from owners to reactivate the old HOA floodlight system on Blackberry Drive side of their home. The fixture belongs to HOA and is located on HOA property. It was originally a system belonging to Elm Street Development to enhance the model townhome. It was abandoned by Elm Street when the development was turned over to HOA. The electrical repairs necessary to reactivate are estimated at about $350. Owner agreed to pay electricity.

After much discussion, BOD concluded as follows: 1) Covenants require owner to submit ARC request for exterior lighting changes.  2) Board does not agree to pay for repairs or reconnection to owner’s electrical system.  3) Board does agree to turn-over ownership of the fixture to owner, if owner agrees to maintain or remove the fixture at owners expense, now, and as long as owner holds the property.  Secretary will communicate BOD decisions on this matter to owner.

12015 Citrus Grove Tree Removal Approved: Received request for permission to remove a mature tree from front of 12015 Citrus Grove Road. Owner concerned tree might fall over. Covenants require HOA permission before removal of trees over 6-Inches in diameter. Several members did a site review noting there were other mature trees nearby. BOD approved the request contingent upon removal of the roots and the area re-grassed.

12001 Citrus Grove Tree Removal Rejected: We received a request for HOA to remove a dead tree from the rear yard. After inspection, it was determined the tree was on owners property. Removal request at the expense of HOA was rejected.

12003 Citrus Grove Tree Removal Rejected: We received a request for HOA to remove a dead tree from the rear yard near the bike path. After inspection, it was determined the tree was either on Montgomery County Park land or on owners property, but it was not on HOA property. Removal request at the expense of HOA was rejected.

Complaint (Again) – HOC Property at 12001 Cherry Blossom Place - Tenant Operating a Business – We have again received a written complaint from neighbors in the non-garaged townhomes identifying 12001 Cherry Blossom Lane as operating a hair-cutting business day and night. Tenant is also directing customers to park in spaces allocated to others. BOD instructed Secretary to write another strong letter to HOC, 30 day resolution, followed by legal action.

Two Overgrown Entrance Holly’s Removed - Bluestone Columns and Wall Exposed . Our two middle holly bushes in the entrance marque turned out not to be bushes – they were holly "trees" with 8-Inch center trunks. Now we know why they were growing so tall. They were removed this month. We have received many favorable comments as a result of exposing the beautiful entrance wall.

Two Remaining Overgrown Entrance Hollys to be Removed in Fall - The outer two holly(s) on the ends of the wall will not be removed at this time, however removal is advised and likely will occur in the fall. Adjacent corner owner requested that HOA replace that holly with a "Laurel" shrub. If so, they agree to keep it trimmed.

Proposal to Replace Entrance Hollys with "Weeping Repandens" Placed on Hold, The $730 proposal to replace the hollys with "Weeping Repandens" which are slower growing and can be sculptured and shaped was put on hold. This project is not budgeted.

Entrance Marque Wall Masonry Repairs Placed on Hold - Several stones have fallen out of the wall. Several are loose. The wall needs a mason to point it up. This project was put on hold. This project is not budgeted.

Entrance Summer Flowers Delayed - Contractor is having difficulty finding red and white Begonias like we had last year, hence the installation will slip to end of May. This project is included in the 2005 approved budget.

Flower Allocation Increased – Because our winter/spring pansies did so well, we did not receive our early-spring allocation of flowers which is included in the contract. Contractor agreed to increase flower allocation from 432 to 648 for both summer and fall flowers rotation to compensate. All beds will be increased proportionately.

Entrance Flags Replaced: The two faded and torn entrance flags were replaced next month.

Ordered: Replacement of 8 Dead Trees – BOD approved order for 8 replacement trees removed but not replaced in years past: 3 Yoshino Cherry Trees (two directly in front of private residences in Non-Garaged Townhomes removed in 2003, one directly in front of a Garaged Townhome removed in 2004), 2 Red Sunset Maples to match existing (1 at each end of North-East Blackberry Drive missing since 1994), and 3 Leyland Cypress at North-West Blackberry Drive Stormwater Creek split-rail fence to replace dead trees removed in 2004. This project is in approved 2005 budget .

New Equipment for North-East Tot-Lot Due in June - This project is in the 2005 approved budget..

Ordered: Upgrade & Replace Marque Florescent Lighting – This upgrade, one of the top 5 requested by the community has been ordered. One of the two fifteen year old florescent units is nearly destroyed. The quote came in at $675, significantly under budget. This is for 2, 10 x 10 bronze lighting fixtures installed at ground level behind the flowers on the two corners aimed at the Orchard Knolls Marque. The lighting is produced by high pressure sodium lamps like the streetlights. This will be a change from white lighting to amber – similar to Kentlands.

Directory Update Underway – Lisa, Eileen and Rick have begun the effort to produce the document shortly.

Newsletter to be Published End of May – Twelve articles have been developed. Eileen will finish the editing process this week. Brian Zarchin will format the draft for BOD review next week. Copies of the new Maintenance and Guidelines Enforcement Rule 2005-3 will be included for all owners of assessment record.

Townhome Streets to be Repaired, Sealed and Re-Striped – May also include Walking Paths - We have received the contractors quote to do the streets. However, several on the board feel the walking path resealing and repairs should be integrated into the every-four-years schedule for the streets – to make one project. Rick will contact the contractor and negotiate terms. The street work scope is in the current 2005 Reserves budget. Funds for the walking path is in the 2007 Reserves budget, therefore 67% is available now.

Pepco Power Failure Results in Orchard Knolls Entrance Lighting Failure – Early May, after an area wide Pepco power outage, all our entrance lighting remained out, including streetlights, for several days. Pepco was called and restored power to our meter but the lights remained out. Our electrical contractor was called for repairs and found a burned out commercial-size photo cell serving the entire system. Repairs were made. The system restored last weekend.

 

Sprinkler Startup, Repairs, and Upgrade Work Completed: Startup contract work was completed April 26. That work is funded by our new contract. The system is now operating every-other-day, starting at 5:30am. There was significantly more non-contract repairs than usual. There were 6 underground pipe leaks and 6 destroyed sprinkler heads. Relocation and rewiring of controls and clock in new enclosure took 2 technicians 18 man/hours. The rain sensor had to be replaced. Unusable zone 1 supply pipe and heads destroyed by State Highway was capped. The controls were still working so we modified them to sprinkle the east side flower bed. We added one head to water the south tip of the Blackberry Drive center island. Total cost was about $2,300. The invoice was reviewed and submitted for payment tonight.

"No Soliciting" Signs to be Installed at Entrance: We are still looking for the bronze signs used by Kentlands.

We will continue to shop for those signs.

"No Advertising" Signs at Gazebo: We will contract for these signs this month.

Tentative Community Yard Sale June 4th – Our neighbor church is having their famous annual yard sale June 4th. If we are to have a community sale – we must notify all owners quickly. Lisa agreed to develop an article for our newsletter. Jerry recommended we purchase a reusable banner for the front, but some do not want to spend the money, therefore, we will need volunteers to make signs…. No volunteers so far. If Lisa’s article gets into the newsletter, and if the newsletter gets published in time, and if volunteers agree to make up signs, or a banner gets purchased and installed – we will have a community yard sale June 4th. Stay tuned……

Resolved: Common Area Floods 15728 Cherry Blossom Lane Side Yard – We have received word from two neighbors that they have worked hard on providing solutions by making changes on their own property. It appears their efforts have corrected the problem.

Resolved: Value Recovery for Damaged Rt. 28 Sprinkler System - State Highway advised they compensated us for the damaged sprinkler system by extending our white vinyl fence along Rt 28 – including a section on our property around the corner into the new Senior Center. Case closed.

Sprinkler System Underground Leak: Irrigation Box for Zone 4 and 5 along Blackberry Drive is leaking 24 x 7, filling the box, overflowing onto the sod area around the box. Secretary will contact contractor for advice.

Need Development Drawings Identifying HOA Boundaries and Boundaries of Residential Lots. During the process of investigating several complaints and tree removal requests, it was discovered that BOD does not have a legal set of development drawings – only the developer’s landscape drawings. Secretary contacted Park and Planning to identify the process. The research will take a half-day, the drawings will cost about $150. Issued deferred to next month.

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

Construct Missing Stone Marque at East Blackberry Drive Entrance – This RFQ still outstanding.

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.

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.

Neglect of Lawn Care on Common Areas Adjacent to End-Units – End Townhome side-lawns deceptively appear to be owned by townhomes. They are not. They are owned by HOA. End units own only 4-feet from brickwork. Remaining lawn is HOA responsibility. Lawn care is neglecting to weed, feed and trim these HOA areas for 8 of 9 end unit town homes. Most have become eyesores. One end unit adjacent to Blackberry Drive is receiving outstanding HOA lawn care. Because of it’s prime location, that 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.

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.

Should HOA Mail (Prepared by ABS) be Mailed to Owner’s "Alternate" Address? – ABS only has the owner’s address for their record of assessment – not always where they live. Their payment (assessment address) is often 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.

8. DEFERRED TO NOVEMBER ANNUAL MEMBERSHIP MEETING

Should Blackberry Drive (West) Tot-Lot be Upgraded? The scheduled 2003 upgrade of this lot did not materialize due to surprisingly high cost of equipment, and straw polls that indicate little use and little demand. Only the worn out several-times-repaired swing set and see-saw remain. All other equipment was removed due to unsafe condition. BOD decided to limit the overall 2003 upgrade project to only the east lot. That has been a success with near continual usage. The NE Tot-Lot will be upgraded summer of 2005. There are several alternative use proposals for the west lot. One major consideration is a community picnic area with covered pavilion. Another consideration is to grass the area over. Tot-Lots have high maintenance costs to the community. Maintenance includes painting, annual application of big-bark mulch, equipment repairs, fencing and landscape timber repairs etc. Grassing it over could eliminate the current shortfall in General Replacement Reserves, reduce annual maintenance and liability, and may lower the quarterly general assessment to all. During 2004 annual meeting, there was not one vote to upgrade this lot. After significant discussion from the floor, membership declined to endorse spending the money. Rick described alternate uses for the lot. The lot has sat idle for four years. Most members were inclined to deactivate the lot.

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 Volunteer 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.

Establish (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

$1,920 for Additional Streetlight at Intersection of Cherry Blossom Lane at Blackberry Drive - Contractor quote arrived. 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

$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.

ADJOURNMENT Monthly meeting adjourned at 9:00 Pm

NEXT MEETING -. June 13, 2005 – 7pm. 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. VIOLATIONS OF PROPERTY MAINTENANCE & ARCHITECTURAL GUIDELINES:

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 maintenance conditions in violation of Covenants or Architectural Guidelines.

HOA Rule 2005-3 is Board of Director’s notice and enforcement procedure to remedy corrections to poor exterior property maintenance and violations of covenants and Architectural Guidelines.

TOWNHOME COMMUNITY:

Cherry Blossom Lane:

157?? – Vertical Deck Rails, Chippendale Required – Exterior Change - No Architectural Change Application.

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

157?? – Post Lamp Does Not Meet Architectural Guidelines – Exterior Change - No Architectural Change Application.

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 Rails, White 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?? – White Storm Door Added Does Not Match Trim – Exterior Change – No Architectural Change Application.

July 3, 2002 – First Letter Requesting Correction and Submission of ACR.

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

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?? Overgrown Holly Bushes Encroaching Sidewalk. Side Yard Weed Barrier Exposed; Needs Mulch.

157?? – Green Storm Door Does Not Match Trim – Exterior Change - No Architectural Change Application

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?? – Two Satellite Antennas – Exterior Change - No Architectural Change Application

157?? – Torn Hail-Damaged Window Screens – Rear of Home

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

157?? – Missing Aluminum Siding - South East Near Roofline.

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.

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?? – 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 - Exterior Change. Chippendale Style Required. No Architectural Change Application

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

?? – Missing Bricks in Fireplace Chimney at Rooftop

?? – 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?? – 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 - Exterior Change – No Architectural Change Application

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

120?? – Storm Door Not Full View - Exterior Change – No Architectural Change Application.

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

Citrus Grove Court

?? – White Storm Door Does Not Match Trim – Exterior Change - No Architectural Change Application

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

 

B. UNFUNDED COMMUNITY REQUESTS – (NOT IN 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

Repairs:

Regrade Gazebo – Mosquitoes Breeding

Creek Bank Erosion Control

Overloaded Streetlight Power Circuit

West end of Retaining Wall Behind West Berm Leaning Over

Improve Safety:

Add TH Streetlight To Illuminate Cherry Blossom La Intersection at Blackberry Dr

Add Blackberry Drive/Terrace Stop Sign to Replace Yield

Add Blackberry Drive Crosswalk at Playground

Remove 9 Existing Common Area Stumps Below Grade.

Add Permanent Speed Control (Private) on Blackberry Drive

Convert Cherry Blossom Lane – One-Way

Add Common Area Streetlight To Illuminate Blackberry Drive Sidewalk at Tot-Lot

Add Security Lighting Along Creek And Bike Path

Need for Aesthetic Screening:

Trees - North Boundary - Cherry Blossom Lane Townhomes - From Rt 28.

Trees - North East Boundary Corner - Cherry Blossom Court Townhomes - From Rt 28

Trees – East HOA Boundary – Townhomes - From Senior Center Mansion Building

Climbing Ivy and Decorative Shrubs – Replaced Shed at Entrance.

Improve Community Social Facilities

Annual Community Picnic

Covered Picnic Pavilion - South West Lot

Volleyball Court - Cherry Blossom Lane Courtyard

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

Annual Contract For Lighting Inspection And Replacement Of Bulbs.

 

 

C. UNRESOLVED COMMON AREA TREE, SHRUB AND STUMP ISSUES:

Dangerous – None

Down – Not Dangerous

2004 - 2 Behind 12022 Citrus Grove Road.

Dead & Dying

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

2004 – Dead - Large Diameter, Flowering Cherry Tree behind Townhomes

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

2005 – Dead - Two Large Flowering Decorative Shrubs, Across from 15750 CBL

2005 – Dead – Two White Pine Near Pedestrian Bridge (See Contractor Dead Tree Inventory)

2005 - Dead – Two Decorative Shrubs Between CBL and Blackberry Drive

Leaning Heavily – None

Removed Not Replaced – Common Area In Front of Private Homes;

*2001 – Flowering Cherry – In Front of 12008 Cherry Blossom Place

*2001 – Flowering Cherry – in Front of 12004 Cherry Blossom Place

2002 - Two Flowering Dogwood – Corner Across From 15746 Cherry Blossom Lane

2003 – Flowering Dogwood – Beside 15701 Cherry Blossom Lane

2004 – Large Bradford Pear – Beside 15746 Cherry Blossom Lane

Removed Not Replaced - General Common Areas

*1994 – Two Sunset Maples; Blackberry Drive East Curb Trees; One Each End.

*2003 – Large Flowering Cherry – Across from 15734 Cherry Blossom Lane

*2004 – Three Screening Leyland Cypress Behind Fence – West Blackberry Drive at Creek

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

2004 – Large Shade Maple at Creek near East Tot-Lot

2004 – Large Shade Willow at Creek near East Tot-Lot

Stumps Exposed Above Grade (Trees Removed, HOA left Stumps)

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

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

2003 - Flowering Cherry – Across from 15740 Cherry Blossom Lane

2003 - Leyland Cypress - Between 15722 - 15726 Blackberry Drive

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

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

2004 - Bradford Pear - 15746 Cherry Blossom Lane

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

2004 – Flowering Dogwood – 157601 Cherry Blossom Lane Side

Severely Overgrown Shrubs, Dead Limbs – Need Pruning:

2002 – Two Corner Hollys at Front Entrance – Covering Stone Wall Columns

2002 – Hedges at Front Entrance – Nearly Covering Stone Wall

2002 – Dead Limbs Overhanging Striped Parking – South Cherry Blossom Lane

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

2004 – Shrubs at Entrance to Cherry Blossom Lane – Both Sides.

2004 – Shrubs in Front of Gazebo

* Orders placed May 2005.

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