Present: President John Rodgers, Vice President EJ Jamison, Treasurer Tony Winter, Secretary Lori Rodgers, and Donna Cook. Architectural Committee Chair Philip DeCoster was unable to attend.
- The meeting was held at 1840 Villo Woods Ct. and was called to order by the President at 7:02 p.m.
- Minutes from the Sept. 9 meeting were approved without corrections. They will be uploaded to the HOA website.
- The primary purpose of this meeting is to discuss the unauthorized trimming and removal of trees in the neighborhood by the owners at 1833 VW.
A. On Friday, Sept. 8, Michaela Wagner, co-owner of 1833 VW, was trimming trees on HOA common property without Board authorization. This was witnessed by the President, Treasurer & Secretary of the Board.
B. On Wednesday, Oct. 4, the President and Secretary witnessed Aaron Marshall of 1833 VW and another man removing limbs from the catalpa tree bordering their front yard. During discussion Marshall indicated they were removing the tree because they did not like it and that the owner of 1829 VW, Seth Sanchez, had given him permission to cut it down and would be using the wood for his fire pit. Marshall said they had not decided when or with what type of tree to replace the catalpa. The President told the owner to cease & desist because no request had been sent to the HOA board about any tree removal and a meeting would need to be convened. Marshall complied, removing the cut branches and leaving the remains of the catalpa in place.
The President at the time of the cutting per text message sent to Mr. Marshall the pertinent part of the The Woods on19th Covenants, Article VII, Paragraph 4 (and also read the section at the Board’s meeting):
“Improvements and Alterations. No improvements or alterations, including, without limitation, fencing, walls, sidewalks, driveways, porches, play equipment, sports equipment, decks, patios or ornamental structures or property, including, without limitation, yard lighting, gazebos, pergolas, and fountains and ponds, shall be constructed, erected, placed or performed on any Residential Unit and/or Lot without the prior written consent of the Architectural Control Committee. Furthermore, no Owner may paint or otherwise decorate or change the appearance of any exterior portion of his Residential Unit or the grade or topography of his Lot without the prior written consent of the Architectural Control Committee. No permission or approval shall be required (i) to repaint in accordance with an originally approved color scheme, (ii) to rebuild in accordance with originally approved plans and specifications, or (iii) to decorate any Residential Unit or other improvement or Lot with temporary seasonal decorations that do not constitute a nuisance or annoyance to the neighborhood or which detract from the attractiveness of the Real Estate. Nothing herein shall be construed to limit the right of an Owner to remodel the interior of his Residential Unit or to paint the interior of his Residential Unit any color he desires.”
The HOA attorney, Rick Hird, responded to the Secretary’s email and phone call on October 5 and said the language in the Covenants does give the Board authority to approve of changes to residential lots.
C. All present at tonight’s meeting expressed dismay and regret that a healthy, mature and shade-providing tree was mutilated. The President reported that after speaking with the Earl May garden center and the Clinton Parkway Nursery, the cost to replace the destroyed tree would be around $1,000. The Architecture Committee confirmed in a prior email to the Board that no request for tree removal or replanting had been received. Discussion ensued on the culpability of the involved homeowners, the responsibility of the Board, and the tension among various neighbors regarding enforcement of HOA rules. The Board agreed that, regarding the latter topic, it is important to enforce rules equitably.
The following Motions were made and voted on:
- To fine the owners of 1833 VW for unauthorized cutting of trees on Sept. 8 on HOA common property. The vote passed unanimously: Yes: 4 No: 0
- To fine the owners of 1833 VW $100 for destruction on Oct. 4 of a live and healthy tree on another homeowner’s property without authorization from the Board. The vote passed: Yes: 3 No: 1
- To fine the owners of 1829 VW $100 for giving unauthorized permission to their neighbor at 1833 to cut a tree within their property line. The vote passed: Yes: 3 Abstain: 1
- To require the homeowners of 1829 VW to remove the rest of the mutilated tree in their yard and the planting of a replacement at the property owners’ expense. The replacement tree must be at least 1” diameter, professionally planted, deciduous, and the Board must be informed and give its approval of the type chosen prior to the planting.
Letters will be sent to the homeowners informing them of the fine and required actions.
The Meeting was closed at 8:10 p.m. by the President.
Lori Rodgers, Secretary