Cottages- Lot Landscaping
During the November 1st meeting several cottage owners asked the board to revisit their position on replacing the landscaping on each cottage lot that was damaged from the storm. The Board submitted this item to the Association attorney for interpretation, from his interpretation the POA will obtain costs and replace the landscaping after an assessment is paid by the cottage service area owners. Please refer to his reply below.
Attorney's Reply-
After reviewing the Supplemental Declaration, I can confirm that the owner's analysis of Section 3.1 is materially correct. However, Section 3.4 of the Supplemental Declaration provides that the cost of the replacement of developer-installed lawns and landscaping is to be assessed to the owners within the Cottages Service Area as a Service Area Assessment.
Pursuant to 8.1(b) of the Declaration for Pointe West, the Board is to prepare a budget for each Service Area and the Association is authorized to levy Service Area Assessments against all the lots in the Service Area. The Board needs to send a summary of the proposed budget and notice of the service area assessment to each owner at least 30 days before the effective date of the budget.
This particular situation does not neatly fit in with the budgeting scheme of the declaration, but it is clear that the Association is to replace the landscaping and lawns of those lots within the Cottages service Area (Lots 50-81 of Block 1 and Lots 1-25 of Block 2, of Point West, Section 1). It is also clear that the cost of replacing the landscaping and lawns is to be assessed against the owners of lots within the Cottages Service Area. The budget and assessment can be disapproved by 75% of the Class “A” votes, but the Association is not required to call a meeting for that purpose.
I would agree with the owner that the Association is in the best position to replace landscaping and lawns in a consistent manner. It thus makes sense that the Association should replace the lawns and landscaping, but the Declaration scheme is set up such that the owners of the Service Area are to pay for the cost of the replacement via a Service Area Assessment. The Association should determine the cost to replace the lawns and landscaping on lots within the Cottages Service Area, calculate each lot’s share of the costs and then provide at least 30 days notice of the Service Area Assessment to the owners within the service area. This should be included in the Cottages Service Area budget as well.
Cottages- Security
The association received a detailed security report this morning from the on-site security officer noting that during his rounds he noticed that several doors to individual cottages have been left unlocked. If you have contractors working in your cottage during the day, please stress to them that it is very important that all doors are locked and secured each night before they leave. The association is in the processes of locking the doors to cottages were we have keys on file as a courtesy. If we do not have your key on file and we are unable to secure your home you will be notified.
