Newsletter ~ March/April 2024

HOMEOWNER CONSENT BALLOT

All homeowners will soon be receiving a Consent Ballot in the mail. Since the inception of The Heights at Wailuna over 35 years ago, Architectural Modification requests for additions/extensions were approved based on a definition provided in the Rules and Regulations of a footprint of 350 square feet. Unfortunately, the terminology in the Bylaws and the Rules and Regulations do not align.

CURRENT TEXT FROM THE GOVERNING DOCUMENTS:

BYLAWS:

Page 13 (Article V, Section 5h): "No improvement shall be constructed on a Condo lot that shall increase the square footage of the dwelling unit by more than 350 square feet as it appears in the initial Condominium Map and no improvement shall be added above the roof line of the dwelling unit as shown on the initial Condominium Map."

RULES AND REGULATIONS:

Page 3.6 (Section 3.20 h): "Construction of improvements on a Condo lot shall be limited to a footprint of 350 square feet and no improvement shall be added above the roofline of the dwelling unit."

ARCHITECTURAL MODIFICATION GUIDELINES:

Page 11 (4.2 a3): "Construction of improvements shall be limited to such that they do not increase the square footage of the dwelling by more than 350 square feet as it appears in the initial Condominium Map, and no improvement shall be added above the roofline of the dwelling unit. (ByLaws Article V, Section 5(h))."

Our attorney has informed the Board that a Homeowners Association's Bylaws supersede its Rules and Regulations, and now that the Board is aware of the discrepancy, it is obligated to follow the Bylaws' definition of a limitation of 350 square feet of dwelling space vs. 350 square feet footprint. This is significant because the "footprint" terminology measures the building perimeter while "dwelling space" measures all living/floor space within the home.

In an effort to treat future Architectural Modification Requests in the same manner that requests have been approved for the past thirty plus years, the Board has asked the AOAO attorney to draft a Consent Ballot to be sent to all homeowners to modify the Bylaws to change the text to allow a footprint of 350 square feet.

For the Consent Ballot to pass, 67% of the homeowners must vote in support of the change in terminology.

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ZERO-LOT LINE GUTTERS

We are currently obtaining bids for gutter repairs/replacements on the zero-lot lines. While it is the homeowner's responsibility to maintain their gutters, the AOAO will replace malfunctioning gutters on the zero lot side of a home only. Per Section 4.4 a. of the Architectural-Modification Guidelines, “The AOAO is responsible for maintaining gutters located on a unit’s zero lot side. The homeowner is responsible for all other gutters.” Most of the gutters are fine, however some are in need of repairs, and others need to be replaced.

In the past, this was only done on an as-needed basis after a homeowner contacted our Property Manager and a gutter company inspected the individual unit. In an effort to be good financial stewards of AOAO funds, the board is being proactive and examining all of the zero lot line gutters to negotiate the best possible price.

Please note: In order for this project to be a success, it is imperative that ALL homeowners cut back foliage and trees in their side yard that is encroaching upon their neighbor's zero-lot section. If the vendor is unable to reach the zero-lot gutter of a unit due to overgrown foliage/trees, we will need to hire a landscaping firm to cut back the foliage/trees and the HOMEOWNER WHO HAS FOLIAGE/TREES ENCROACHING ON THEIR NEIGHBOR'S ZERO-LOT SECTION WILL BE CHARGED. As a reminder, the Zero Lot section of 12” must be kept clear from any kind of obstruction.

MAILBOXES

We have become aware that some of the mailboxes are in disrepair and need to be replaced/repaired. The bolts of about half of the mailboxes throughout our property were replaced over five years ago. It is now time to either replace bolts or mailboxes for the others. We have contracted with JGA Builders to inspect the mailboxes and repair/replace malfunctioning units.

MAINTENANCE REQUESTS

Please inform our Property Manager, Les Chang, when a repair is needed in any of the common areas such as fencing, lawn/landscaping, sprinklers, rain gutters (on the zero lot side of a unit), or trees. We encourage you to submit a completed Maintenance Work Order so the issue can be addressed by the appropriate vendor in a timely manner.

REMINDERS

Thank you to all homeowners who promptly addressed issues in reminder letters that were sent out last year. For those who haven't yet had the opportunity to address the identified violations, please take action as soon as possible to maintain our association standards. The board has partially completed the follow-up walk-thru and will be completing the rest of our community soon. The areas that are being looked at include: exterior doors; garage door; chimney; exterior lights; foliage along the zero lot line; roof; nail bleed; and paint condition.

There have been complaints of dogs and cats running loose, owners not picking up after their pets, and dogs being left outside all day and creating a nuisance. Please be considerate of your neighbors. Our Rules and Regulations note, "Pets shall not be allowed to be housed and/or maintained in these side yard areas. Dogs and other pets shall not be allowed to be contained in those areas of a Condo lot described as side yards." Furthermore, "It is the responsibility of the pet owner to remove their pet's litter from their Condo lot and/or the Common Areas. Litter is to be wrapped securely and disposed of in the trash. The Board of Directors has the authority to levy special assessments for damage done to Common Areas by pets and for the removal of pet litter."