Angela,
I do not know how many times I’ve had to address this, and I even have
one of the HOA attorneys admitting to this (on audio recording), but the
directors and the management company continues
to misread, misinterpret, and misapply Section 7.1 of the CC&Rs.
In the September 2013 Newsletter it was declared that the “comment
elements” (wrong terminology, it’s “common improvements”) that the association
is responsible for includes:
·
Foothills Landscaping (including grass and street trees)
Section 7.1 makes it perfectly clear as to what the association is
responsible for where the “common improvements” are concerned.
They are stated exactly as follows:
“Oak Knoll has or will have certain improvements which are for the
benefit of all Lots. These improvements include: Sign monuments to be installed
on Lot 29, Oak Knoll; traffic circle at intersection of Foothills Drive and
Center Street; planter strips along Foothills Drive; and street trees on each Lot…All of the common areas and
improvements are collectively called “Common Improvements.”
Section 7.1 DOES NOT SAY Street Trees “only” on Foothills Drive but
rather “…on each Lot.”
You either fund the reserve account to take care of ALL street trees in the association or NONE AT ALL! The CC&Rs only allow for the upkeep of ALL
street trees, not a selective few that benefits only those who live along
Foothills drive.
The alleys are addressed in the CC&Rs separately, therefore they are
not a part of the “common improvements,” therefore funds from the reserve
account cannot be used to attend to
maintaining the alleys. That is a separate fee assessed specifically upon those
who live in the alleys and those assessments cannot be co-mingled with the funds contained within the reserve
account.
I am working on a complaint to be filed with the DOJ against this HOA,
and now this newsletter along with all the other documents I have on hand that will
be submitted with that complaint substantiating each proffered argument in how
the directors before and after hiring a management company to present day - and
the law firm as well - have continued to run the HOA in a corrupt,
discriminatory (e.g. against adults who have children – i.e. families), and
unprofessional manner (e.g. misinterpreting the CC&Rs and governing
statutory law of planned communities in its selective enforcement of the
CC&Rs).
At the appropriate time I will be requesting to either receive a copy or
have a copy produced of the financial statements and budget of the HOA for
fiscal year 2013. If any mismanagement of funds for non-common improvements were spent from the reserve account, that
too will be made a part of my complaint to the DOJ.
Additionally, I want a copy of the results of the reserve study as well
mailed to me as well. Please forward that accordingly.
OKHA WatchDog
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