Tree Tops Update for March, 2010

The following topics were discussed at the board meeting on 2/26 and are passed on here for those who did not attend.  The board encourages you to send us your comments on any of the topics.

 Enforcement of Covenant Violations

It was stated at the meeting that the board was unfairly targeting homeowners with children when enforcing deed restrictions – i.e. basketball goals being left outside and not placed in the storage when not in use.  The board and management company are attempting to fairly and evenly enforce all known violations.   Letters have been sent to homeowners regarding:  trash cans left outside, removed trees, unkempt yards, reckless driving, basketball goals, and other issues.   No one is being singled out and no one on the board is inspecting the neighborhood to find violations.  The management company and board act on complaints received and no one type of complaint gets more priority than others.   

It was pointed out that every homeowner agreed to abide by the deed restrictions when they purchased their Tree Tops home and board members are legally required to enforce the deed restrictions.  It is therefore not fair to criticize members of the board for doing their duties.  The by-laws provide procedures that allow the members to change the restrictions if they do not agree with them and a majority of the association agrees.

Fertilization Contracts

• Lawn – The board has decided to switch the ground fertilization contract from the current landscape maintenance company to American Lawn Savers who are specialist in this field.  They will be fertilizing the trees, shrubs and the palms in the common areas.   This will be an increased expense of $600 for the neighborhood but the service will be greatly improved.  The areas will be treated 6 times per year.
• Oak Trees – The board approved a proposal for a one-time treatment to the oak trees between the sidewalk and road to improve the health and appearance of these trees throughout the neighborhood.   The experts advise that a one-time treatment for insects and fertilization will encourage the root balls to break out and start significant growth.   The trees should not need to be fertilized long term after they get rooted properly.   The cost for the treatment is $1,470.   While the trees are the homeowners’ responsibility many are in poor health and the board feels it is in the best interests of Tree Tops to promote uniform growth of the trees.  It is the board’s understanding that street trees are required by Hillsborough County and must be replaced by the homeowner if they die, however we are seeking clarification on this matter.  Your comments on this should be sent to any board member.

Budget Planning

• Playground Area – Received several requests to add swings and another basket hoop to the play area and a canopy cover over the equipment to keep the equipment cooler in the summer.  Estimates will be obtained but no action will be taken prior to having a discussion in a HOA meeting.  The shrubs around the playground appear sickly and probably need sprinkler heads added so they are watered.
• Montague Street Cleanup – Bids are requested from our landscape company to clean up the area along Montague Street.   It is a huge eye sore and there many items (including a telephone pole) discarded along the roadway.  The plan is to clean up the area and plant a living fence where the neighborhood is not screened.   An aluminum fence replacing the chain link fence may be too costly to consider but the board has requested bids.   At the least the existing chain link fence should be repaired.  This will be discussed at a HOA meeting before being approved.

Solicitation – No solicitation policy.   

• Email Solicitations – The HOA has communicated to the members using a neighborhood email distribution list.   This distribution list has been used by others to solicit members for various charities and causes prompting complaints to the board.  All future official communications from the HOA, Property Manager, or the Communications Committee will be sent from an email id called “TreeTops”.   This email will not contain the “from and to” addresses.  One last email will be sent to the neighborhood distribution group announcing this change. 
• To continue to receive Official Tree Tops Communications such as this you must subscribe and provide your email address at WWW.tampatreetops.com.  If you wish to be removed from the neighborhood email list because solicitations please contact Marcus Gibbs at: marcusgibbs@tampabay.rr.com.  Marcus will be maintaining the neighborhood list going forward.
• Door to Door Solicitations – You can report people soliciting door-to-door or leaving cards at the door to Diane.  She will call the companies and request they do not solicit in Tree Tops.
• Phone Solicitations – Neighbors have asked that solicitation phone calls to their homes be stopped.   This is not within our control.

SWIFTMUD Lake Monitoring – This needs to be completed every two years and the board recently approved this expense of $1250.

Drainage Issue – There was a drainage issue on Beagle Run where the storm sewer was clogged with debris.   The company that fixed this problem reports that the way the storm sewer is draining into the retention pond behind the homes on Beagle Run is not correct.  We will keep everyone updated as more information is available.

Golf  Balls & Trash in the Lake – During the last monthly lake maintenance 36 golf balls were retrieved from the lake and there are obviously many more.  Several complaints were received about homeowners hitting balls into the lake, Please refrain from this and if you see someone doing it contact Diane with the necessary information so a violation letter can go out.

Illegal Dumping in Streams and Vacant Lots – Please warn your yard maintenance company to not dump their debris in the stream or land around Tree Tops.  It is costing us to have this debris removed and hauled away.  Anyone seen doing this should be reported to Diane.  Thanks to Ron Ellett for removing debris from the stream and vacant lots.   Two chaise lounge chairs, a car battery, pipe and many other items were collected to be hauled away.   There is more in the stream and it will continue to cost the association money to have items removed.  

Neighborhood Directory – There was minimal response to get information for a neighborhood directory and the project is dropped.   If someone wants to attempt to update the original directory they are free to do so.

Well Pump Station – Removed debris, put down rocks and are having the pump repaired.  The pump repair has not been completed but the estimate is $200-$500.

Small wall to prevent debris in track of gate – The gate often gets off the track due to dirt and mulch falling in the track.   A small retention wall will be installed to reduce this problem.   The proposed cost is $723 but will pay for itself if it prevents just 2 or 3 problems with the gate.

 Replacement of Sago Palms and dead Indian Hawthorne by front entrance – The landscape committee proposed replacing the sago palms which have a white fungus and are very sickly with Ligustrum Trees.  Some Hawthorne must also be replaced.  The cost is $1850 and this includes planting 5 new Ligustrum Trees in the front entrance area and this has been approved by the board.

Zoysia Grass now Acceptable – State law now requires HOA’s to allow certain strains of Zoysia grass because they require less water and have been modified to live in our humid climate.  One new Tree Tops home has installed Zoysia.

Party in the park – a private birthday party in the park area has been approved.

Mathew Kuisle – Mr. Kuisle presented his company’s proposal to perform a Reserve Study for $2900 and an Insurance and Component Analysis for $300 each.   The board will consider several proposals before deciding this action.

Notice of Next Meeting – Thursday April 1, 2010 4pm to 5:30pm at the library.

TREE TOPS Update for February

Dock Update

As communicated shortly after the January meeting the proposed amendment to the Declaration which would have changed the standards for boat dock installations did not pass.  Had the amendment passed, it would have resolved the case against Mr. and Mrs. Cuteri also.

As my cover letter that accompanied the proxy form said, at least 76 lots were needed to vote “yes” to pass the amendment.  The final tabulation of the vote took place at the special membership meeting, and only 44 lots voted “yes.”  Thus, the amendment did not pass.  The Association will continue to enforce the dock provisions in the Declaration as they have read in the past.

In an effort to exhaust every possibility for settlement, the Board has chosen to invite Mr. and Mrs. Cuteri to a second mediation on this issue.   This mediation will take place on February 15^th.

Some lot owners have suggested that the Board try a second time to pass the amendment.  But, the Board has already spent a great deal of time, effort and Association resources in the first attempt. And, the gap between the number of Association members who have voted for the amendment – 44 – and the number necessary to pass it – 76 – is so great, that the likelihood of a successful second try is remote.

Some of you have asked why we cannot grandfather this one dock in.   In previous communications, I have attempted to explain that we cannot do this by law.  Failure to enforce for this one dock is known as “selective enforcement”.   If the board allowed this to take place our deed restrictions would essentially become worthless.   What would this mean to you?  It would mean that we would need to allow anything to happen in our community.   The purple house, the camper parked in the driveway, a 10 foot statue in the front yard.

This is why during our year in office we have reached out to individuals who have made improvements to their properties and no ARC was on file.   Having ARC’s on file and consistently enforcing our deed restrictions are essential for ensuring that the neighborhood stays as beautiful as it is today.  We ask everyone to fill out an ARC form when they are considering changes to the exterior of their home.   The process is simple and we will ensure that your forms are promptly considered and feedback provided as quickly as possible.  In addition, if you have completed modifications in the past and have not submitted an ARC form, please use the links in the ARC Streamlining section to complete the form.

Please be aware that any member of the Association can initiate the process of having an amendment presented to the Association membership and to the Board for a vote, so long as all legal requirements are met.  The procedure for calling membership meetings, voting, use of proxies, necessary votes, etc. can be found in the Governing Documents of Tree Tops and in Florida law.  Any Association member that is inclined to attempt an amendment to the Declaration may try, but we would recommend that they retain legal counsel to guide them.

I am also aware that our decision to mediate the issue may be something you may or may not agree with.  Decisions like these are not easy and we are trying to consider what is best for our community.    There is simply no way we can make everyone happy and have unanimous agreement in the decisions we make.   We ask that you support us in our efforts in these difficult matters.

ARC Streamlining

Thanks to Marcus Gibbs, we have successfully made some small modifications to when an ARC form is required.   Consider this a baby step forward for minor modifications made to your house.   We have updated the ARC guidance found on the forum site.   Discussed below are the improvements that no longer need an ARC form.   As time goes on we will continue to refine this process.  The ARC Guidance and forms can be found at our forum site – http://forum.tampatreetops.com/

MAILBOXES – may be repaired or repainted in whole or in part if the following specifications are followed:

Paint must be black high gloss enamel matching as close as possible the original mailbox color.

House numbers must be gold metallic vinyl and must be clearly visible on both sides of the mailbox.

Damaged parts of the mailbox and post must be replaced with the identical part.  Parts can be purchased from Creative Mailbox and Sign Designs in Tampa.

LANDSCAPING – repairs and general maintenance listed in this section may be completed if the resulting landscaping remains in compliance with the Landscaping Guidelines in Exhibit G section DD of the Declaration of Covenants, Restrictions and Easements for the Tree Tops Neighborhood and if the following specifications are followed:

Seasonal bedding plants may be planted, replaced, or removed but in no circumstances should a bed or area designed for seasonal bedding plants be left bare and unsightly.

Trees, bushes, plants and shrubs less than 8 feet tall may be added, removed, or moved to a new location to enhance the appearance of the landscaping or to improve the health of the plant. All plants added to the landscaping must:

1. blend in and be consistent with the existing landscaping,
2. be commonly available at local nurseries (not exotic or unusual for the Tree Tops Neighborhood), and
3. not be on the list of prohibited plants as listed in the Declaration

All other plants must have prior approval of the Architectural Review Committee.

Planting beds of 100 square feet or less may be added or removed, and grass sod added or removed for such purpose, if the additional bed is consistent with and enhances the existing landscaping.

EXTERIOR DOORS – may be repainted to repair nicks, rust, scratches, fading, and discoloration using the paint color approved at the time of original construction or subsequently approved by the Architectural Control Committee.

HOUSE TRIM AND EXTERIOR WALLS – May touched-up to repair minor nicks, scratches or stains using the paint color that best matches the existing color and results in an inconspicuous repair.  Any major repainting or change in color, texture or tint must have prior approval of the Architectural Control Committee unless the color was previously approved by the Developer or the Architectural Control Committee.

Committees

Dan Hernandez at our last meeting suggested we form some committees to provide feedback to the board or directors.   The committees will involve more of you in decisions about our community.    Please review the committees below and send an email to me if you are interested in helping on any of them in the future.  My email address is brian.bradway@raymondjames.com.   If there are no volunteers for the committees, the responsibilities of the committee will fall completely upon the board.

Communications Committee

The scope of this committee is to provide effective and timely communications to the members regarding events, activities, and plans affecting the community.  This committee coordinates the dissemination of information from the board, committees and community sources.

Duties of this committee include:

• Create and document the processes for obtaining and distributing information to the community.
• Publish scheduled and ad hoc newsletters and bulletins to the members.
• Maintain the community phone directory and email address book.
• Maintain the community websites and content (through the community’s web master).
• Receive minutes from the weekly meeting of selected board members and the management company and determine which topics should be communicated to the association to maintain awareness of events, plans and activities.

Current Committee Members – Brian Bradway, Mary Strong

Compliance Committee

The scope of this committee includes all matters related to identifying and resolving member non-compliance with the association’s declarations of covenants, easements and restrictions.

Duties of this committee include:

• Set up and document a procedure for identifying and resolving cases of non-compliance.
• Recommend for board approval a schedule of notices, fines and legal actions for resolving cases of non-compliance.
• Periodically assess the individual properties for landscaping, maintenance and other compliance issues including changes for which no ARC request was received.
• Contact members not in compliance and attempt to resolve the issues in an informal manner.
• Recommend to the board formal actions needed to resolve cases.
• Provide to the board a monthly written status report of the outstanding cases of non-compliance.
• Provide to the board a monthly written report describing the requests for approval by the Architectural Review Committee and the decisions of the ARC for each request.
• Maintain a history log of ARC requests and decisions and periodically evaluate for consistency of actions.

Community Affairs Committee

The scope of this committee includes all matters related to community social activities, welcoming and integrating new homeowners, front gate directory and timers, community yard sales, and the neighborhood watch program.

Duties of this committee include:

• Develop and document procedures, checklists and handouts for welcoming and integrating new neighbors into the community.
• Set up and monitor the procedures to maintain the directory for the front gate access and the timers for opening and closing the gates.
• Periodically poll members to determine the types of social events and activities desired and coordinate those events and activities.
• Work with the adjacent West Chase communities to coordinate community yard sales and other common activities and events.
• Monitor the Neighborhood Watch Program and make adjustments needed to keep it operational and effective.
• Provide a written monthly activities and status report to the board.

Current Committee Members: Shawn Bai and Andrew Yee

Finance Oversight Committee

The scope of this committee includes all matters regarding the association’s current and future expenses, reserves, capital improvement projects and homeowner assessments.

The property management company’s representative(s) will be assigned to this committee. Some of the duties of the committee will be performed by the property management company as part of their contract with oversight by this committee.

Duties of this committee include:

• Document and maintain the process for developing and monitoring the association’s annual expenses, reserves requirements, and capital improvement budgets.  This includes defining the Property Management Company’s role and duties in the process.
• Define and document each income and expense account for clarity.
• Annually, prior to the annual budgeting process, develop and recommend proposed capital improvement projects with costs and priorities for approval by the board.
• Annually develop and present an annual expense and capital improvements budget for approval by the board.
• Annually develop and present an assessment of the current funding of reserves.
• Annually develop and recommend the per lot assessment necessary to meet the projected needs.
• Prepare and present to each board meeting an analysis of the current financial status.

Current Committee Members: Brian Bradway, Mary Strong

Landscape and Maintenance Committee

The scope of this committee includes all matters related to landscaping and maintenance of the common areas, maintenance of the gates and irrigation system, maintenance of the well pump, and monitoring member compliance with landscaping and maintenance declarations.   This committee works with the property management company to monitor and supervise the companies hired to maintain the community property and equipment.

Duties of this committee include:

• Define and periodically reevaluate the contractual terms for the landscape maintenance company.
• Periodically assess the conditions of the common areas to verify they are properly maintained and all plants are in good condition.
• Set up and monitor the procedures to maintain the timers for the irrigation systems and to periodically verify proper functioning of all sprinkler components.
• Set up and monitor the procedures for maintenance of the well pump.
• Provide a written monthly activity and status report to the board.

Current Committee Members: Ron Elliott, Brian Bradway

Management Company Oversight Committee

The scope of this committee is to select and provide oversight of the property management company employed by the Tree Tops Neighborhood Association.

Duties of this committee include:

• Document the requirements (experience, financial stability, size, etc.) and duties desired from the property management company.
• Identify prospective property management companies for Tree Tops and request proposals.
• Review proposals, conduct interviews, and make recommendations to the board.
• Periodically obtain feedback from members and other committees to verify the property management firm is satisfactorily performing its contractual duties.
• Advise the board of all complaints received by the management company or the committee.
• Provide a written performance evaluation report every three months or as requested by the board.

Current Committee Members: Don Stockton, Tara Marra

Neighborhood Directory

I am often asked for a neighborhood directory.   At the present moment we do not.   If you feel a neighborhood directory would be handy and you would like to have your information in the directory, please email me the following items.   Fill in as much of the information as you feel comfortable with.   If we get a substantial number of responses we will look into providing this information on the forum site which is only viewed by subscribed property owners of Tree Tops.   Please email me the information below at brian.bradway@raymondjames.com.

User Name on Forum Site:

Real Name:

Spouse Name:

Address:

Home Phone:

Cell Phone:

Person the above number belongs too:

Cell Phone Alternate:

Person the above number belongs too:

Work Phone:

Person the above number belongs too:

Work Phone Alternate:

Person the above number belongs too:

Email Address Primary:

Email Address Secondary: