Site Walks Edit page

Dear Homeowners, 

The below site walk information will be reivewed at the next HOA Board Meeting (Summer 2021). Below draft was prepared by Lisa McManus, Board Treasurer. Site walks are a standing activity in property management. So in setting up our Community for self-management, I think this is an important topic for Community feedback and involvement. I used the Willows Bluff governing document, CCRs, to develop the below site walk guidelines. Best practice is minumum of four site walks per year. Please review and provide comments and feedback to [email protected] by June 30th, 2021. 

May 28, 2021: updated below Site-walk Information below to include, "Note 3: Process for Notice of Owner Maintenance Obligation(s)". Site walk information will be reviewed at the next Board Meeting (Summer 2021). 
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SITE WALK INFORMATION

Why should the HOA conduct site walks?
Because Owners have a maintenance obligation outlined in the CCRs. Consequently, the HOA has an obligation to ensure all Owner's are abiding by the CCRs. The CCRs state, Owner's Lot should be kept in "good, clean, attractive, safe, and sanitary condition..."; and that "Each Owner is responsible for irrigation for the Yard Landscaping. All trees, hedges, shrubs, and flowers shall be kept in an attractive, neat, trimmed and pruned condition." (CCR Section 6.1)

When are site walks scheduled?
These are set at random intervals. The HOA would like to have at least four per year. Remember, Owners can report neighborhood concerns on maintenance to the Board through Buildium.

What areas of Owner's Lot is HOA looking at on a site walk?
The CCRs defines maintenance obligations to include "Owner's Lot and all Structures and other improvements and the Yard Landscaping within the Owner's Lot"(CCR Section 6.1). Based on this, the HOA has determined the following areas should be evaluated on Owner Lots during site-walks:

• Front yards: includes driveway, lawn, and garden bed/borders;
• Side yards: included if Lot side yard is in public view (along a private access tract, public road, or public right-of-way)
• Rear yards: included if Lot rear yard is in public view (non-fenced property that is along a private access tract, public drive, or public right-of-way)

What are HOA reasonableness standards for Owner Maintenance Obligations?
Below summarizes the main items HOA evaluates during a site walk.

• Lawn grass should be maintained at reasonable height. If your lawn grass is sprouting and shin high, it should be mowed. There are many opinions on ideal lawn height so check out internet for lawn height best practice; or ask your neighbor! Clover and dandelions in lawn grass have been deemed acceptable by HOA as long as kept appropriate height. 
• Lawn irrigation: Owners are responsible for irrigation of landscape to ensure planted items are kept in appropriate condition. But how an Owner achieves this is not managed by the HOA. However, the HOA will cite a homeowner if landscaping is not reasonable per CCR guidance in Section 6.1. If an Owner allows the grass to go dormant in Summer (no watering), and the grass dies, the Owner will need to repair the landscape at Owner's cost.  
• Garden beds and borders: these should be free of significant weeds and plants should be maintained. The HOA recommends a mulch application, at minimum every three years. This is good for water retention, reduction of weeds, and keeps our properties looking nice.
• Driveway: driveway used appropriately (i.e. motorhomes, trailers, campers, motorcycles, or RVs should only be parked in driveway for temporary unloading; no in-operative vehicles longer than 72 hour). Please refer to HOA parking rules.
• Storage of bikes and equipment outside: these items should not be stored in front yard, front porches or public view. Examples of reasonableness: from time-to-time, a family member leaves play toys out front; or exhausted after yard work you left equipment out front. This should be the exception, not the rule (CCRs Section 6.2 Restriction on Storage; Use of Garage)
• Structure changes: has Owner made any significant structure changes? Were these submitted for ACC review and approval? Are seasonal structures appropriate and timely? (holiday decorations)
• Trash, Recycling and Yard Waste bins: per CCRs, the bins should only be in public view on collection day. HOA has noted that most homeowners store bins along the side of house or in area out of public sight. The HOA has not received any formal complaints from Owners on this subject so HOA accepts this as reasonable.(CCRs Section 6.7 Garbage and Trash Removal)

Note 1: The HOA Board will further review Section 6.18 Screened Service Area and determine if side yard is reasonable for bins with or without screening. Discussion will include whether trash bins qualify as "unsightly" or if this is specific to loose garbage/trash (Section 6.18 Screened Service Areas).

Note 2: If Owner is renting out his or her Lot in Willows Bluff Community, it is the Owner responsibility to ensure Lot is maintained in accordance Owner Maintenance Obligations in CCRs. Owner contract with tenant may require tenant to maintain Lot but from perspective of Willows Bluff HOA, the owness is solely the responsibility of Owner. 

Note 3: Process for Notice of Owner Maintenance Obligation(s): 

First Notice: The HOA will notify Owners by email of item(s) noted during Site Walk that need(s) attention. Owners will have two weeks to respond and: (1) confirm the email received; (2) confirm item(s) resolved; and or (3) provide a resonable timeline for remediation plan for item(s) not addressed as of response to HOA. Note: if the subject property is tenant occupied, the HOA will email a Demand Notice to the property manager; and a copy to property Owner.  For following steps, the HOA considers Owner and Property Manager one in the same. 

Outcome A: if Owner responds confirming item(s) resolved. The HOA will observe and if HOA agrees remediated item(s) in line with HOA standard, the HOA will close the open notice. No violation fee. 

Outcome B: if Owner responds providing a reasonable timeline for remediation, the HOA will follow-up during remediation period. If remediation completed on time, and HOA agrees remediated item(s) in line with HOA standard, the HOA will close the open notice. No violation fee. 

Second Notice: if the HOA receives no response to the first notice, the HOA will mail a Demand Notice, by certified mail, to the Owner address on file for subject property. The Owner will again have two weeks to respond and (1) confirm the Notice received; (2) confirm item(s) resolved; and or (3) provide a reasonable timeline for remediation plan for item(s) not addressed as of response to HOA.

Outcome A: if Owner responds confirming item(s) resolved. The HOA will observe and if HOA agrees remediated item(s) in line with HOA standard, the HOA will close the open notice. No violation fee. 

Outcome B: if Owner responds providing a reasonable timeline for remediation, the HOA will follow-up during remediation period. If remediation completed on time, and HOA agrees remediated item(s) in line with HOA standard, the HOA will close the open notice. No violation fee. 

Third Notice: if the HOA receives no response to the second attempt Demand Notice; the HOA will instruct HOA legal counsel to notify Owner that HOA is proceeding with Maintenance Obligation remediation for non-performance. The HOA will hire a service contractor to complete remediation as detailed in Demand Notice. The cost for associated legal fees and costs for maintenance remediation will be charged to the Owner's HOA account. Further, if an Owner remediates as a result of HOA Notice of Maintenance Obligation, but fails to notify the HOA of progress to satisfy the Notice, the Owner will still be subject to HOA incurred legal fees and cancelled contractor service fees up until the point Owner complies with Demand Notice communication requirements.