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

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The expenses of the HOA include city water to run the irrigation systems, electrical power for the Brookfield Lake Pump, maintenance on these system, and mowing/landscaping labor, gas and equipment. The four areas of HOA responsibility under the present Declarations are: 1. Maintenance of the Berm on the west side of County 5. This area is all on privately owned lots, and we speculate that the individual property owners are mowing and maintaining the portions of the Berm that they own. I have no idea why Oakwood originally came up with this form of maintenance. 2. Maintenance of the median landscaping and roundabout landscaping. These areas are within City right of way, are owned by the City as such, and were not created as common areas. The City can fill them in, maintain them or ignore them. There is no way to force the HOA to maintain them if lot owners do not want to pay their dues. 3. Maintenance of the pump apparatus on Outlot B, BF 3. The plan was to convey this lot to the HOA, However, unless the HOA actually comes forward and re -organizes, there is no point in doing so at this time. For liability purposes, this outlot along with Outlot C have been conveyed to a subsidiary LLC. The Bank is also willing to convey these Outlots to the City if the City wants them. The Bank has been paying the nominal taxes on the outlots. Unless a viable HOA materializes, the outlots will probably eventually go tax forfeit. 4. ACC review of building plans. The Bank has been performing this role, reviewing all proposed new construction. Not all plans have been approved. This is somewhat of a simple review, as the original Oakwood declarations established no architectural standards, square foot minimums, etc. The Bank will continue to play this role as long as it owns any undeveloped lots. E. Present HOA Status We have no idea of the present status of the HOA. It was turned over to the other property owners three years ago, and the Bank intended to do no more than pay the same pro rata dues as the other owners, leaving HOA management up to the residents. Communication from those residents has been little or none since 2010. I have at two times in the past 2 years fielded calls from individual lot owners on the status of the HOA and have basically given the same explanation to those individuals. I stated to those callers our willingness to contribute on the lots we owned if the HOA could become a functioning entity collecting dues and communicating annually its financial status to us and other lot owners. As sales of lots have picked up, the Bank has received additional inquiries from new lot buyers regarding an HOA, and for that reason the Bank has now determined that unless a significant number of existing lot owners comes forward to actively and responsibly manage an HOA, it would be best for all concerned if the Declarations were now amended to simply eliminate the IIOA. Land use restriction would remain in place, and the Bank would continue to serve as the ACC until the current inventory of vacant lots is sold.