Shrubs and Ground Cover Gone. Next, Cut Down the Trees.

The HOA defunded the slopes and allowed large areas of landscape to die. The fire marshal ordered the HOA to clear brush. Since brush is about all that’s left (ornamentals are gone), practically everything was cut to the ground. The trees are next in line for destruction. More of them survived the neglect, but many are targeted for removal, though they could be retained in merely trimmed. Destroying the landscape and trees is cheaper than maintaining them, in the short run. However, the HOA is obligated to maintain the landscape.

Trees Targeted For Removal Rather Than Simply Trimming

This is to follow up on an issue I posted to a Sky Ranch Facebook group. The landscape company for the HOA, O’Connell, marked trees for removal. They told me that the Fire Marshal instructed them to. I contacted the Fire Marshal. She told them to ensure the trees are compliant, 10 ft apart. Below is information to address what the Sky Ranch Property Manager, from FirstService has told people who contacted them.

FirstService and O’Connell landscapers are saying that the Fire Marshal told them to remove trees. Before I posted the issue online I had contacted the Fire Marshal to confirm. She sent me the recommendation <.pdf>. It says, trees need to be trimmed so that tree canopies have 10 ft of clearance. It says a few trees may need to be removed if compliance is not possible. They should simply trim the trees that can be retained rather than removing most of them. A couple small trees (one 10 ft tall) weren’t on the plan and they should be removed, but they’ve marked a bunch for removal, including mature trees, on the plan, spaced correctly. As you enter the community look at the trees bunched together. You want them removed or trimmed?

Update, March 8: FirstService, the property mgmt company for the HOA, sent an email stating, “The Board will review the matter at their next meeting. No decisions regarding the trees will be made until the Board is able to meet and discuss.”

Only the trees in green would remain. This is an older photo where you can see most of the trees

Court Orders HOA to Pay Fees in Botched Lawsuit

A judge ordered the Sky Ranch HOA to pay defendants $1605 in fees for the botched lawsuit involving a commercial grade pool slide from the roof, and a roof level deck. The fees are related to filing expenses and service. While the lawsuit to enforce the Governing Documents was reasonable, the HOA simply took too long to file the case so the HOA lost due to the statute of limitations. Director David Quinsey stated that he attended multiple events at the residence and that the board was hoping for “an informal ‘over the fence’ resolution of the dispute.” The Ballo’s may now move to recover their attorney fees which will be far more costly to the HOA.

The super secret HOA has not informed the homeowners that their case was dismissed, nor of the ruling regarding the fees. The HOA has also failed to disclose details of the settlement of their lawsuit against Lennar Homes which was settled over two years ago. It is safe to assume that the settlement was not favorable for the HOA.

Court orders HOA to pay fees.

Member of Board of Directors

Accounting By FirstService Residential

Update: FirstService sent an updated account ledger that appears to explain the discrepancy.

The HOA increased the $220 assessment by $12.45 on October 1, but they didn’t start billing for that amount immediately and later began recouping the money from homeowners. We started paying the full $232.45 before FirstService began billing for it. We pay our bill in advance each month. Therefore, on November 29, we had a credit of $232.45. But on November 30 AND December 1, they added the adjustment of $12.45

I hope it’s another issue of FirstService being confused by payments arriving early, but those who use automatic payment should be aware.

After a long time holding on the phone, because, you know, “Higher than normal call volume,” I spoke to a representative who pulled irrelevant billing from April. I pointed out that the zero balance on November 14 makes a better starting place. She would have none of it so I held longer for a supervisor who said he will look into it.

Hydroseeding to Begin This Week

The HOA submitted erosion control plans <pdf> that include hydroseeding that is expected to begin this week. The HOA has not disclosed this information, nor the cost, to the homeowners. Virtually all of the recent and planned landscape revegetation has been mandated by the City. Some of the areas by the sidewalks were recently planted or ground cover was applied at the strong “suggestion” of the City.

New Home Construction

Construction has started for a new home on Ruocco Drive, immediately north of the main Sky Ranch development. An 870 square-foot accessory dwelling unit (granny flat) was also approved. The review permit states that, “The accessory dwelling unit or the main residence will, as required by Deed Restriction, be owner-occupied as long as the accessory dwelling unit exists.” Obviously, there are a number of other requirements.

The accessory unit is single story and on the western side of the lot, which is good news for neighbors.