Friends of Summer Meadows HOA

OVERVIEW Home Owners Association May 27, 2004 Meeting

Chairman's Speech

Hello everyone and Thank You for coming out this evening. My name is Tim Brown and I live at 5189 Summer Meadows Lane. I wanted to start off tonight by thanking you for coming and noting that all neighborhoods consist of neighbors. We have 184 neighbors in Summer Meadows. The major ingredient of a community is unity. The purpose of tonight’s meeting is to encourage the neighbors of Summer Meadows to unite as a community for the betterment of our subdivision. Apparently, indicated by your presence here, the neighbors in this room share some level of concern about the present or future state of our subdivision. The fact that you are here also indicates to me that you would like to see some degree of change. I would like to start off tonight by giving you a brief background. I would also request that if you have any questions that you write them down and ask them afterwards. I hope many of them will be answered.
Several months ago several of my neighbors began to echo recent comments that my wife and I had been privately making. Some of the comments were positive, however, most were negative comments about the physical appearance and atmosphere of our community. Many of our neighbors felt powerless and several considered relocation. One neighbor decided to circulate a petition and collect enough signatures to enlist the help of our Arlington Town Hall. Such was the depth of many of my neighbor’s emotions toward what they viewed, and I agreed, was the beginning of the eventual downfall of our neighborhood.
Negative issues I’ve seen and heard include: uncut yards, discarded items in yards, uncut Milton Wilson easement, unkempt trees along Milton Wilson easement, parked cars in blocking sidewalks, mobile basketball courts, and the crowds they attract, blocking streets and sidewalks, recreational vehicles parked in driveways and in yards, graffiti on storm drains, skateboarding in the streets, free roaming pets, excessive noise and speeding vehicles.
An integral part of all deeds in Summer Meadows Subdivision is the “Restrictive Covenants Prohibited Uses and Nuisances”. This is a perpetual document that all home owners in Summer Meadows subdivision are bound to. It sets some basic expectations that home owners in our subdivision can and should expect. These covenants are fully enforceable in a court of Law. Only two of the items in the previous list are covered by these covenants, but no one complaining, including me, wanted to cause waves by asking the offending party to correct their action. Over the past several years this attitude of tolerance has led to acceptance and has lowered expectations. If left to continue on its present course, more dissatisfied home owners will move out and more tolerant home owners will move in. More and more offenses will be tolerated, home values will decrease, and the circle of decline will eventually lead to Summer Meadows subdivision becoming Arlington’s equivalent of Frayser.
I spoke with Arlington’s Town Hall and they assured me that they would not be able to act upon a petition based in covenant enforcement.
I spoke with the developer and inquired if we could be added to the Home Owners association that had been created for phases 2 and 4. I was told we could not.
I addressed a monthly meeting of the Mayor and Alderman at Town Hall and explained several of my frustrations and requested help, which was partially afforded in the form of grass cutting and tree pruning along our Milton Wilson easement area.
I researched the development of our subdivision and had become fixated on the inconsistency of a Home Owners Association that had been created for phases 2 and 4, but had not included phases 1 and 3. I was hoping through my research to find a way to have phases 1 and 3 included in the HOA. Although this is possible it is not probable.
I felt the solution to many of our concerns could be resolved through the creation of a HOA. Not only could we encourage reform, but we could create a sense of community and implement venues to open neighborhood communication, employing our children, identifying and providing for the needs of our subdivision, organizing social activities, and maintaining and improving agreed upon common areas were on a short list. The list goes as far as the direction of our desire to improve. Also a Home Owners Association positively impacts the property values of the homes in the association.
I telephoned many lawyers about our unique subdivided subdivision and requested assistance in uniting the community under one HOA.
I then visited 3 separate law firms, the last of which provided the straightest and most blunt advice. They suggested that I forget about attempting to bring the community together under one HOA and instead focus on a separate HOA for phases 1 and 3.
This solution has pros and cons, like all decisions, but is definitely the best choice for now. Phases 1 and 3 have 87 homes; phases 2 and 4 have 97 homes for a total of 184 homes. Phases 1 and 3 do NOT have any county recorded “Common Areas” while phases 2 and 4 have the Storm Water Detention Pond, which annually runs about $3000 (maintenance and insurance). With phases 2 and 4 our income potential would be increased, however, we would incur an annual $3000 deficit. Without phases 2 and 4 we would not collect as much, nor would we need as much as we would focus on just our area of the subdivision and would not need to worry about the $3000.
The bottom line equates to two choices, a combined HOA or our own HOA.
In order to facilitate one HOA that includes all 4 phases we need 100% of ALL home owners from phases 1 and 3 to agree to become members of the HOA. If even 1 home owner is unwilling, then we cannot join phases 2 and 4’s HOA.
In order to facilitate our own HOA we need at least 2 home owners. We then, come up with an association name, form a non-profit LLC ($200), adopt a charter, elect a president, secretary, and treasurer and enlist our members.
Upon creation of a Home Owners Association, the member body can vote to add to the covenants, however, they cannot vote to remove any covenants from the original document until all home owners of the subdivision are a part of the HOA. Any covenants added will only apply to the member body of the HOA. On the flip side, any benefits that may be created will only apply to members of the HOA.
Over the past several weeks I have noticed that spring fever is in the air and the neighborhood is looking better. The need still exists for us to come together as a unified body and plan for an improved community. We can only be as strong as our weakest link, and as a community we need to come together to identify and remedy them.
I have a list of some ideas a HOA could facilitate, and hope that as a community we can add and subtract from this list to provide maximum benefit to the subdivision.
Renovate fence on Milton Wilson, create maintenance program for the Milton Wilson Easement grass, trees, and brick gardens, look to our homeowners first for project fulfillment before hiring outside contractors, organizing a “Help a Neighbor” day, organizing social activities to encourage neighbors to get out and meet each other and plan a yearly block party. I believe through a unified body such as a home owners association that we can put unity back in our community and come together as neighbors to discuss our troubles and share our joys and work as a group to create a happier, homier Summer Meadows. Thank You. I know there are many questions, so I’ll take them before moving into the next step.

Questions and Answers

I neglected to ask someone to take minutes for the meeting. If anyone took notes, I would love to get a copy of them to post to the site. Thanks!

Resolution

The group agreed, at the suggestion of an anonymous woman on the back row, to meet in two weeks. We agreed to familiarize ourselves with a copy of the current charter for Summer Meadows phases 2 and 4, familiarize ourselves with the covenants and determine which phase each of us are in. The chairman promised to post the appropriate documents for the home owners review.

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