Sent: Wednesday, July 28, 2010 4:07:51 PM GMT -05:00 US/Canada Eastern
subject: Unapproved Lampost notification
Sharon
I just got a note in the mail for a second notice for an unapproved lamp post style. After my first notice I, J H, J Di, R Gn, T and R K, and E (don\'t remember last name) all came in to one of the Homeowners meetings to discuss this with you. At the meeting it was resolved that those who had functional and well maintained original style lamp posts would be \"grandfathered\" until such time as those lamp posts wore out or were unserviceable. To date all of our lamp posts are in perfect working order and have been maintained to present a uniform appearance. Since we have not been notified that the board had changed their determination from the board meeting that we attended I assume that we have received these notifications in error. I\'ve tried to call you a couple of times today to discuss this but was unsuccessful. I can be reached during the day at work or at home during the evening email should you wish to discuss this further.
Date: Thu, 29 Jul 2010 19:26:06 +0000
B,
Was it last year when you all attended the meeting or was it in 2008? I want to review the minutes from the meeting.
Sent: Thursday, July 29, 2010 4:06:58 PM GMT -05:00 US/Canada Eastern
I believe it was 7/8/2009
Sent: Friday, September 3, 2010 8:24:19 AM GMT -05:00 US/Canada Eastern
Just trying to follow up, did you locate the meeting minutes regarding the lamp post "grandfather clause"?
Date: Mon, 13 Sep 2010 16:36:36 +0000
B,
I did locate the minutes and they are attached for your review. The board decided however, that the original lamps is not considered an acceptable appearance and they are trying real hard to maintain consistency in the community. Majority of the neighborhood has the new style and therefore the original style is no longer acceptable.
If you would like to discuss this in more detail with the board or want to appeal the board's decision, please attend the next board meeting on Monday, September 27th at 7pm at Sequoia Management's office.
Subject: RE: SECOND LONDON TOWNE WEST HOMEOWNERS ASSOCIATION: Unapproved Lampost notification
Date: Tuesday, September 14, 2010, 7:59 AM
Thank you for the follow up but I still don't understand why our lamp posts are not in compliance.
According to what I'm reading in the Executive Session portion of the July minutes document that you sent me from the last time that we discussed this, there is nothing about the old style lamp posts being unacceptable. Instead, the notes state that lamp posts will be inspected by assigned board members to determine if lamp posts are the original install and in working order. From the section titled Lamppost Review: "The Board agreed to assist management with inspecting the lamppost by each being assigned a designated area to inspect. They would review each lamppost to determine if the light fixtures were the original install and were in working order."
That seems pretty clear to me that original install lamps in good repair are acceptable unless inspected and found to be non functional. So does that mean that a board member stopped by our neighborhood, inspected our lamp posts and found them either non-functional or not the original style lamps? If so, I would have expected an inspection notice describing the deficiency to be corrected with the name of the inspector. Since we have original install lamp posts that are in good repair we welcome a member of the board to inspect our posts and notify us of any deficiencies.
We could all certainly come in to discuss this again on the 27th but unless you have more notes from another meeting where the board decided to change their minds regarding original installed lamp posts in good repair, then there isn't any point. We understand and respect the fact that you are looking out for the neighborhood and that you have a difficult job of enforcement. However, especially during a time when funds are tight and houses are underwater by six figure dollar amounts, I don't think replacing a perfectly functional and compliant lamp post is the most effective use of our funds. In the mean time, I fail to see how we are not in compliance and I will not be replacing my originally installed, well maintained lamp.
Thanks again for following through with the notes. Despite the fact that we don't agree with you, it doesn't mean that we don't appreciate the effort.
Date: Tue, 14 Sep 2010 08:33:22 -0700
Subject: RE: SECOND LONDON TOWNE WEST HOMEOWNERS ASSOCIATION: Unapproved Lampost notification
B
Thank you for you email. I appreciate what you are saying, but the fact of the matter is that four years ago the previous board passed the lamp ordinance. Prior to doing so, all residents were notified, in accordance with the HOA regulations, and were given a chance to respond to the proposed lamp regulation. I think maybe one person responded.
Once passed, all residents had one year to comply. The majority of residents complied. A year after that, several people came to the HOA meeting to voice their opinions on the lamp regulation. At that meeting the board essentially agreed that, for the time being, those who had an original lamp that was working and was in good condition would not be required to change their lamp at that time.
B, the regulation was not amended or changed in any way. Everyone must still comply with the regulation. There's no way around it. At that meeting the board just gave you extra time to do so (two years).
Now, two years later (four years from the time the regulation was passed) we're still dealing with this issue. By law, the board is required to enforce the HOA regulations. Those who have not changed the lamps are in the minority which means that the board is not going to repeal or amend the regulation.
B, you now have had four years to change your lamp. The regulation is going to be enforced whether by this current board and by any future board. State law requires it. Just because the board gave you extra time does not mean that you do not have to comply with the regulation.
B, the board has to deal with owners who are neglecting their houses, illegal boarding houses, troublesome tenants, the biggest snow storm in DC history, an extremely tight budget, falling interest rates, neighbor disputes, community disputes, crime sprees, and vandalism. I'm sorry, but it's not fair to the board or to all the other residents for us to be spending our time on this issue any longer.
The board has much bigger issues to worry about right now, but if you want to come to the next meeting and have your say, that's up to you. We are not going to debate, argue or even respond to anyone who wants to complain about the lamps. You'll have two minutes to speak and then we will move on to the next issue.
The board considers this issue addressed and closed and we expect Sequoia to enforce it. That's it. As vocal as you are about this issue - why not put that effort into a neighorhood crime watch where your energy can be of benefit to all residents? The community depends on people who care- you and your neighbors obviously do care. That's awesome and I hope you guys continue to show up and voice your opinion and be heard on all issues that we are dealing with, but let's end this one and move on.
Sincerely,
D D SLTW HOA Board
D
I am aware of the notice that went out 4 years ago and back in July when we came to the board meeting we discussed this. As we mentioned at the July meeting, 4 years ago when we received the initial lamp post notification and we called Sequoia management for clarification, I and others in my neighborhood were assured that this did not apply to original lamps. Otherwise, we most certainly would have responded against the proposed regulation. A year after that, when we got our first violation notice we came to the board and protested as noted in the July meeting notes. Nothing that we were told or that is in the July meeting notes indicates that the board decided only "for the time being" to allow residents to continue on with original lamps. So no, we have not had 4 years to replace our lamps.
As I've mentioned we do appreciate that you have a lot to worry about and this must seem like a lot of effort for a trivial matter to you. However, for us spending $300 dollars to buy a new lamp that we have been repeatedly assured that we didn't need to buy over the last 4 years, is a big deal. So perhaps the reason why we aren't more involved is that it seems as if we've been blown off every time we engage.
I realize this is an exercise in futility since you've encouraged us to show up to voice our opinions so that the board can refuse to debate, argue or even respond and then vote to force us to buy lamps in the interests of moving on. But out of curiosity, currently which regulation would state law require you to enforce, the original rule from the previous board or the inspection rule you voted on in July?