.png)
Grounds maintenance of Common Areas.
At the Annual meeting, as a topic for general discussion by the members, an agenda item was included to provide information and solicit comments regarding the grounds maintenance of common areas.
For the benefit of the members who were not able to attend, we will provide the information here. -Document-
After the hurricanes of 2024, several trees were uprooted in the area between Old Government Road and Lot 13. It was suggested by a member that we use association funds to clean up the storm debris and restore the property by filling the holes that were created.
Considering that the cost of the clean up could be extensive, possibly into the thousands, the Board discussed the need to establish exactly what the association was responsible for so that if there was a need to hire a contractor, we could keep the costs to a minimum. This was discussed at the February 20th board meeting.
Issues at hand:
- Removal of downed trees and stumps that were uprooted by the storms.
- Removal of other tree stumps that existed prior to the storm.
- Straightening of the street sign which had been spun around and partially pushed over.
- Restoral of the area by filling the holes left by removal of tree stumps.
- Review of land records to determine where the boundries are and the extent of the property which belongs to the association.
Several phone calls were made to Polk County and the downed trees, stumps and debris were removed. The holes left by the stump removals were filled with dirt and leveled out. Sod was laid down to cover the areas. There was also a dead pine tree which was dropping limbs and appeared to be dead. That tree was also removed by Polk County. The area between Lot 1 and Old Gov't Road was also cleaned out of by the County. All of this work was done by Polk County at no cost to the association.
After review of the land records, it was determined that the County owns most of the land in the area between Lots 1 & 13 and Old Gov't Road. It was also determined that part of the fence (front of retention pond) and side gate is on County property. I don't believe that it is an issue however, there is a small swath of area that we are going to have to maintain inside of the fenced in area that doesn't belong to us.
Further review of the land record that is on file at the County stipulates responsibility for cutting of grass. Note 2 (see document) states as follows, "LOT OWNERS SHALL BE RESPONSIBLE FOR MOWING THE GRASSED AREAS INCLUDING DRAINAGE DITCHES OR SWALES IN ROAD RIGHT-OF-WAYS AND DRAINAGE EASEMENTS..." In Note 9, the document assigned certain responsibilities to the association. None of those responsibilities include cutting of grassed areas.
It should also be noted that there is an area labeled as "Tract A" on the Plat map. This area is within the legal boundries of the Association. The area includes the retention pond and a ten foot section of land that encompasses the whole development.
It appears that most of us, speaking of the individual Lot owners, are maintaining the ten foot sections that directly abut our lots. (Shaded in yellow). Those who are enjoying the waters edge may have a bit more width to cut. But looking at this from a square footage perspective, many of the rest of us (not backing up to the pond) are maintaining an area which is larger than any of the lots that back up to the pond.
It is generally accepted that the association, i.e. all of us, should equally share in the cost of maintenance of the area of the pond which does not abut any of our lots directly. We have contacted a land management contractor and will address this area shortly.
So, with regard to the area between Lots 1, 13 and Old Gov't Road, with the exception of the ten foot area that is being maintained by all of us in our individual lots, the frontal area is outside the jurisdictional boundry of the association. We have no ability to determine how, if or when the grassed areas are mowed. According to Note 2, this is a matter between the County and the owners of the lots.
The County Right-of-way is not within the legal boundries of the Association. Therefore it is not subject to our Declaration of Covenants. The Association has no authority to dictate how the right-of-way is maintained or who maintains it. With that knowledge, Association funds will no longer be allocated to maintain this area. Any issues regarding maintenance of this area should be directed to Polk County.
Your comments are always welcome.
- Details