Incorporated 1989 - A Self-Managed, Volunteer Community
Soliciting on HOA Property is Prohibited by Covenants
Minutes Monthly Board
Meeting
TYPICAL BOARD MEETING AGENDA (Owners Welcome, Others by Appointment)
1. Administrative
Matters
2. Scheduled
Hearings and Guest Presentations (If Any)
3. Treasurers
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. |
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
|
|
301-977-0523
|
jerway@comcast.net
|
Nov 2005
|
|
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: |
|
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. TREASURERS
REPORT:
Remaining Operating Funds This
Quarter: (Cash Flow)
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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 owners 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
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
attorneys 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
Quote
Received - $3,250 for
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 months 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 Systems 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
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
7. UNRESOLVED BUSINESS DEFERRED TO NEXT MEETING - (NOT DISCUSSED)
Suspicious
Mailbox Behavior BOD has received information from an owner that the
Suspicious
Black Camaro / Teen Activity on
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
Relocating: Johnsons 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 neighbors 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 owners 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 its lawn adjacent
to
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 Owners 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 owners alternate address? Should it be duplicated for residents
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
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
8. BUSINESS DEFERRED TO NEXT ANNUAL MEMBERSHIP
MEETING:
Upstream
Bank Erosion Continues to
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
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
NEXT MEETING -.
TABLES OF MINUTES-RELATED
INFORMATION
A. UNFUNDED PROJECTS AND COMMUNITY REQUESTS
(NOT IN 2005 BUDGET)
Appearance:
Add Missing Orchard Knolls Stone Marque On
Add Bronze Orchard Knolls Towns Plaques On Existing Stone
Columns
Supplemental Floral Upgrades Throughout Community
(Landscape Innovations)
Ground Cover East Boundary
Ground Cover North Berm
Matching Colonial Lamps On Existing Stone Columns At
Townhome Entrance
Permanent Flagpoles With Uplighting At Front Entrance
Replace 2 Missing
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
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
Convert
Security Lighting Along Creek And Bike Path
Screening:
Trees - North Berm,
From Rt 28.
Trees -
Trees -
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
Voice Mail for HOA
Covered Picnic Pavilion
- South
Volleyball Court -
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
Directors 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: |
|
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
157?? Vertical Deck Rails
157?? Non Brass Post Lamp Fixture
157?? - Torn Dormer Screens
June
2004 - Second Letter, Request Repairs Complete by
157?? Unpainted Deck Rails, White Box Deck
Frame Violates ACR Application and
Architectural Guidelines
September,
2004 Telcon Will paint rails soon.
Owner requests white frame correction advice from BOD.
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
157?? Severe Peeling Paint South Side
Roof-Rake Trim Boards.
157?? Green Storm Door Does not Match Trim
Violates Architectural Guidelines
June
1998 First Letter Request Correction to Color
157?? Garage Window Broken, Garage Door Bottom
Badly Rotted, Post Lamp Missing Cross-Bar
Cherry
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
120?? - Paint Peeling on Rear Top Windows Trim
June
2004 - First Letter Requesting Repairs, First Class US Mail
Cherry
?? - 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
?? Rear Fence - Several Smashed and Damaged Boards on Gazebo
Side
DETACHED HOMES:
Blackberry
Drive:
156?? Mailbox post is rotting and peeling
paint.
156?? Roof Rake Trim Boards Peeling Paint
156?? Bottom of Garage Door Rotting -
Unsightly
Blackberry
Terrace
120?? Portico above door rotted, damaged, and
needs paint
120?? Peeling paint on many areas of home trim.
120?? Dormer trim rotted, shutters faded
needs painting.
120?? Storm Door Not Full View - Violates Architectural
Guidelines
120?? Storm Door Not Full View - Violates Architectural
Guidelines
?? White
Storm Door Does Not Match Trim Violates Architectural Guidelines
?? Portico above door is rotted and peeling
paint unsightly
120?? Bottom of Garage Door rotting and
unsightly
120?? Dormers rotted, Garage Door broken,
Siding on garage side damaged
121?? Roof Rake trim boards peeling paint on
C. UNRESOLVED TREE, SHRUB AND STUMP ISSUES:
Dangerous None
Down Not Dangerous
2004 - 2 Behind
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
Leaning Heavily None
HOA Trees Adjacent to
Private Homes Removed Not Replaced
2002 - Two Moderate Flowering
Dogwood -
2004 Large Flowering
Cherry Across from
2004 Two Flowering Cherry
In Front of
2004 Large
2004 Moderate Flowering
Dogwood Beside
HOA Trees in Common Areas
Removed Removed Not Replaced
2004 Moderate Flowering
Cherry - Upper Tot-Lot Near
2004 Large Shade Maple at Tot-Lot
2004 Large Shade
Stumps Cut Off Above
Grade
2001 1 Pin-Oak In Front
of
2002 - 1 White Pine - South
Side Of N/W Berm Beside
2003 - 1 Flowering Cherry
Across from
2003 - 1 Leyland
2004 - 1 Blue Spruce
Adjacent N/E Tot-Lot Right Side
2004 - 1 Leyland
2004 - 1
2004 1 Flowering Cherry -
Upper Tot-Lot Near
2004 1 Flowering Dogwood
Severely Overgrown Need
Pruning:
2002 Hedges at Front
Entrance Nearly Covering Stone Wall
2002 - Dangerous Limbs
Overhanging Striped Parking
2003 - Long Dead Tree Limb
Between
2004 Shrubs in front of
Gazebo.
Community
Common Area Trees Have Never Been Professionally Shaped, Groomed or Fertilized.