Laserfiche WebLink
<br />C. Homeowner's Association and Pond Maintenance <br /> <br />The Brookfield projects involve three areas where ongoing non-public maintenance was <br />required. These include landscaping in a traffic circle, median and a berm along County Road 5, <br />all of which are irrigated. The projects apparently contemplated that a Homeowner's <br />Association would be formed to pay for the electric bill and water bill for these common areas, <br />and to otherwise maintain the areas by mowing, weeding, etc. None of the Development <br />Agreements obligated Oakwood to form such an association, however, and while an association <br />was created, its organizational documents were not reviewed by the City. The association that <br />was formed is deficient in that it fails to provide for any enforceability of collection of dues. In <br />addition, the association documents that were filed with Anoka County were filed after the <br />Bank's mortgage, and will be eliminated by foreclosure of the Bank's mortgages. <br /> <br />There is also a large pond in the development that was supposed to have created a lake-like <br />atmosphere for about 45 lots surrounding the pond. 15 homes have been constructed around the <br />pond. About 15 lots are platted and ready for construction, and about 15 lots would be created <br />by future platting. All of the lots in the Brookfield plats were to have been given recreational <br />access to this pond. The pond holds water by virtue of a synthetic liner that was placed at the <br />pond bottom. However, this liner has never worked properly, and the pond level cannot be <br />maintained at the original intended elevation. Permission was obtained from the State to install a <br />well to pump water into the pond, but the amount of water is limited to a particular gallonage <br />each year. When that total is reached, no more well water can be used, and the pond elevation <br />will be dependent on rainfall. The cost of maintaining the well and paying for power to run the <br />well is not presently assigned to anyone or any organization. <br /> <br />There are a number of problems associated with the pond issue. First of all, Oakwood does not <br />have the resources to repair the liner. The contractor who installed the liner is apparently <br />likewise situated. In reviewing the three City Development Agreements, none of them mention <br />the pond as a part of required Stage One Improvements, and it appears that the issue of <br />maintaining permanent pond elevations was left to the Developer's discretion. <br /> <br />Absent any agreement, the Homeowner's association that does now exist will cease to exist <br />through foreclosure, and the issue of the pond will remain unresolved. Unless either the City or <br />some group of homeowners is willing to pay for the costs of maintaining and running the well <br />pump, the pond will be totally dependent on stormwater runoff, which does not appear to be <br />sufficient to maintain suitable levels. Erosion and unsightliness, along with resident complaints, <br />will continue. <br /> <br />CITY RESPONSE: <br /> <br />The mortgage foreclosure will not eliminate the Homeowner's Association, but will <br />eliminate the recorded Declarations encumbering the lots in the Developments. In the <br />dedication sheets for the respective plats, the landowner (Developer) dedicated the common <br />areas to the public with approval of the Bank, with the exception of one-half of the pond <br />area. It should be noted that the said common areas in this plat serve also as the <br />development's right-of-way and drainage and utility easements. Therefore, the Bank's <br /> <br />3 <br />