Agenda - Council - 10/22/2013 - Laserfiche WebLink

Home

Brookfield Developer Amenities and Home Owners Association Fact Sheet What amenities were proposed by the Developer? The original developer has proposed multiple amenities for the development including, but not limited to: 1. Private pond/water feature (within Stormwater pond) 2. Private park (slated for existing Outlot) 3. Landscaped medians (within City right of way) 4. Boulevard landscaping (within private property along Nowthen Boulevard) Were these amenities required by the City? No. The private amenities listed above are not a requirement of the City. The City allowed the developer to construct these amenities, but stated that the City would not accept future maintenance obligations of these private amenities. Why was the Home Owners Association formed? Although the City shall not comment on the legal aspects of the HOA or Declaration of Covenants and Restrictions, the HOA was formed in part in order to provide a mechanism to maintain the private amenities. This includes financing for a pump for the water feature and irrigation for landscaping. Why is the pond not holding water as originally anticipated? A pond liner was installed in order to maintain a level of water where it would normally infiltrate through the soil into the groundwater aquifer. It is the City's understanding that the pond liner failed, and that a portion of the water is infiltrating through the soil. It should be noted that the City only requires that the pond function as a Stormwater pond to capture surface water runoff from impervious surfaces within the development. The City does not require that the pond maintain a certain water level. Which parcels are subject to the HOA? The City is not in a position to comment on the legal aspects of the HOA, nor the accompanying declarations and restrictions. It is the City's understanding that a portion of the existing parcels were removed at least in part from certain obligations of the HOA, or lacked the ability to enforce certain provisions to begin with. Most notably, is has been communicated to the City that the original Declaration of Restrictive Covenants lacked the enforceability to collect HOA dues. This is not an official legal opinion of the City, simply communication provided to the City. Concerned residents should consult a real estate attorney for more information. The City would, however, assist in facilitating a discussion amongst residents to discuss the future of the HOA. While the City cannot require the HOA, it can create a space for discussion and provide educational and technical information in an attempt to point the HOA in a positive direction related to administration and maintenance of the private amenities.