2008 Special Assessment & Round about discussion Q & A

From Alice to homeowners:

I am going to try to relay what my understanding of the assessments are.  If I have told you wrong, after the meeting, I will get back with you. 

 

From the Weidmans:

1. What is the time frame for these projects? Based on the amendment, assessments can't exceed $1,000 per year so are we looking at doing this in late 2009 or 2010 since we are considering $2,000 per lot/house?
            [Alice] Time frame - we may do half at the end of the year (if we collect enough money).  The problem is the longer we wait the higher the price! 


[Weidmans] 2. We noticed the amendment was signed this year. How is it that DiRocco Enterprises is still able to make amendments to the Covenants without being the majority owner of the lots (we did see that the LP needs to own only one lot), what is the logic behind this? Shouldn’t a majority of the homeowners be the only ones to make amendments? Can this be changed?

            [David W] It could be difficult to remove the Declarant from his authority over the Covenants.  We may not want to.  Mr. DiRocco has an interest in ensuring that Boyle Plantation continues to be an upscale, attractive neighborhood; the property formerly known as Phase II will be developed eventually and will be more successful with a successful Phase I. 

           
[Weidmans] 3. How are the funds going to be collected? Will the $1,000 be required to be paid in a single payment?
            [Alice] Payment - I think the Board is trying to come up with a payment that won't be too hard on everyone.  Maybe 90 days for 2008.  Of course the 2009 assessment will come out in January for the next $1,000.00.  I think the Directors need to know what all the homeowners are thinking.  They will have to get some professional advise on that. 

            [David W] Payment is in one invoice, a lot owner choosing to pay the late fee of 18% per annum could pay monthly:

(This is an example only, your interest will be calculated for the date of your postmark)

Principal: 1000.00
Term:  7 months
Monthly payment: 151.56
Interest rate:  18 
 
Pmnt:  Due    Interest    Interest    Interest    Principal     
No.    Date   This Yr.    To Date     Payment     Payment       Balance
 
  1    6/08      15.00       15.00       15.00      136.56       863.44
  2    7/08      27.95       27.95       12.95      138.61       724.83
  3    8/08      38.82       38.82       10.87      140.69       584.14
  4    9/08      47.58       47.58        8.76      142.80       441.34
  5   10/08      54.20       54.20        6.62      144.94       296.40
  6   11/08      58.64       58.64        4.44      147.12       149.28
  7   12/08      60.87       60.87        2.23      149.28         0.00
 
Final Payment = 151.51 

 


[Weidmans] 4. Going with the assumption that work will not start until late 2009 or 2010 will the funds be invested in some type of interest bearing account??

            [David W] We have an interest bearing savings account.  If most payments are made by the due dates, work could start sooner. 

[
Weidmans] 5. $7,000 for the six roundabouts seems like a lot of money. Is there the possibility that any or all of the work could be done by the homeowners themselves?? I know Fred and I would be willing to work on the round a bout at our lot if it meant we had to pay less for the special assessment especially if the work isn’t going to happen until 2009 or 2010.
            [David W] For sustainable, low maintenance, plantings, a large amount of the poor soil in each round about will need to be removed.  Trenches, 24 inches deep, will need to be dug next to the curb or pavement to install barriers to prevent tree roots from undermining the paved surfaces.  This amount of digging is more suited to machinery.  Small bushes grow into larger bushes that require more maintenance than trees.  Small trees will take decades to grow into anything impressive.  One thousand dollars per round-about does not provide much, and while some volunteers have provided a great amount of labor so far, most lot owners have provided nothing.

[
Weidmans] 6.  I am surprised that we are considering Oak Trees in the round a bouts...I would think at some point that the root system of the trees would start to cause problems with the roads.
            [Alice] Landscaping - Well we may just have grass in the beginning.  The Oak was just one estimate, we will be getting several different estimates for landscaping with different trees.  We are actually waiting to see exactly how big the space will be and what would do good.  We are still getting estimates on the road part too.  The curbing is only going around the round a bout (RAB).  They will not be round once they are fixed.  The will be approximately 45' long by 25' wide.  An oblong shape.  We are widening the road to 17' on each side of the RAB so that emergency vehicles and school buses can pass.  I wish we could do curbing throughout the entire place, but that would be so much $$$$$.  The  break down on one estimate for curbing is $3,000.00 per RAB.

            [David W] Why oak trees?  They are beautiful and will increase the value of the homes in the neighborhood:

“The estimated total annual benefit associated with property value increases and other less tangible benefits . . .  $26 per tree on average (Table 13). Tree species that produce the highest average annual benefits include laurel oak ($83 per tree), water oak ($66 per tree), and live oak ($51), while small trees and palms such as the jelly palm ($1 per tree) and sabal palmetto ($1 per tree) are examples of trees that produce the least benefits.“ *

 

Table 13—Total annual increases in property value produced by street trees.

Species

Avg. $/tree

Live oak

51.04

Crapemyrtle

4.1

Sabal palmetto

1.46

Water oak

66.66

Laurel oak

84.12

Flowering dogwood

3.29

Loblolly pine

47.17

Jelly palm

1.2

Red maple

22.94

Other street trees

23.59

Citywide total

26.09

 

* CITY OF CHARLESTON, SOUTH CAROLINA

MUNICIPAL FOREST RESOURCE ANALYSIS

—June 2006— University of California, Davis

 

[David W] The size of the plantable area of the round-abouts should be sufficient for a live-oak, with root barriers along the curb nearest the tree trunk.  The limestone gravel under the road may also inhibit root growth.

 Tree-Gators are also mentioned as a method of watering the new trees in municipal areas:  large bags of water for slow, continuous watering.

 “A minimum of 200 cubic feet (5' x 10' x 4') of fertile soil is required for large trees such as oak. To provide more soil to the tree, enlarge the cut-out by increasing its length and width, rather than its depth.”

- Planting and After Care of Community Trees ©The Pennsylvania State University 2001


[Weidmans] 7. The notice talks about curbing...would curbs go through out the development or just around the round a bouts?

            [David W] Just the round-abouts.  If curbing for one round-about will cost $3,000, curbing the mile and a half of our roads could cost about $325,000 or nearly $6,200 per lot owner.  The curbing work would require that the entire 1.5 miles be repaved, perhaps for as little as $600,000.

 

From Gary Koehler/Lisa Hindmarsh:

We are certainly not opposed to paying our fair share for road improvements, but we do have one major concern which we'd like to have aired at the meeting -- with a number of lots still unbuilt (including our own), does it make sense to invest in major improvements in the near future, when there are still several years during which numerous heavy construction vehicles and machinery will be traveling over (and potentially causing major damage to) those very same roads?  Just shy of $100,000 seems a huge amount when you consider the real possibility that further construction vehicle damage could cause these very same repairs/improvements to be required in another five years.  Perhaps there is some level of repair that could be undertaken in the interim for substantially less money, with additional assessments collected down the road for major, permanent improvements when all of the lots are occupied.

[Alice] While it may seem to make sense not to do the roads at this stage, the people who live here want them done now.  They look terrible and they have gotten worse.  They are horrible to have to drive around every day.  Dave DuBose and I have met with several people regarding the round a bouts (RAB) and pricing.  We are still obtaining estimates.  I have two more companies I will be calling tomorrow and trying to arrange meetings with them. We have already tried to repair them a couple of times, but they did not hold up.  We are getting estimates on oval shaped RABs instead of the round.  Our roads are to narrow at the RAB area for emergency vehicles, so the width is being widened to 17' on each side of the oval. 

[David W] It has already been 5 years, at this rate, it could take another 10+ years to build the last house.  The poor condition of the round-abouts is probably slowing the rate of sales and development and is certainly hurting the value of completed projects.  After the round-about work is complete, it will be easier for larger vehicles to navigate them.  Our 4th Amendment allows the Association to require a $1500 deposit to help defray the cost of repairs.  Any lot owner whose contractors damage Association property (or anyone else’s) is liable for the repairs. 

 

[Gary & Lisa] On a related note, we've never been in favor of those ill-conceived roundabouts.  Is there a better option for slowing traffic, for example some type of "soft" speed bump like the kind that you see in many business parking lots, instead of these unwieldy roundabouts that take up too much space and are at risk of damage from, or of causing damage to, large trucks and/or school buses?  We'd like to know whether alternatives to the roundabouts have ever been explored and, if not, whether the lot owners would consider looking at some options that would accomplish the same result, possibly at a much lower cost than the roundabouts.

            [Alice] The County required the developer to put the RABs in so we have to leave them there.

            [David W] Removing the round-abouts would cost nearly as much.  Paving is paving.  If the county hadn’t required the round-abouts, most homeowners and prospective buyers would have found them to be aesthetically pleasing as opposed to speed bumps.  Round-abouts with beautiful landscaping say that we have a quiet, civilized, community; speed bumps say that we have a traffic problem.

 

From: bairdsanders@ emailomitted.net [mailto:bairdsanders@ emailomitted.net]
Sent: Thursday, April 10, 2008 8:17 AM
To: dubose1465@ emailomitted.com
Subject: RAB quote for Boyle Plantation

 

Dave [Dubose],

 Please forward this email to Alice.

Please accept this email as Aphalt Concepts LLC quote to repair 7 roundabouts (RAB) at Boyle Plantation.  After 2 field observations, we have determined that the original recommendation of repairing damaged asphalt, then installing an 1 1/2" overlay is one that we can not guarantee.   We recommend that the entire RAB's existing asphalt surface be removed and disposed, check existing sub base (ROC) *see note, install, grade, and compact sub base to new specifications, and pave 2" of surface type 1 asphalt. We also recommend that the width of the road should be 17' wide, but we will quote both 12' wide and 17' wide. 

 

Scope of work:

Remove and dispose of existing RAB asphalt surface.

Check existing sub base (ROC) *Note, if base not adequate, a change order will be required.

Install, grade, and compact sub base (ROC) to new specifications of a 12' wide road, and a 45' x 25' interior.

Install 45' x 25' interior concrete roll curbing in the form of an egg shape, but symetric on both ends. The interior will be left in a position to add top soil for future landscaping.

Install and pave 2" of surface type 1 asphalt.

 

Understandings:

 We are currently 2 weeks out to start above said work.  We anticipate being able to complete 1 to 2 RAB's per day after curbing has been installed, with weather permitting.  We anticpate that the road just in front of the RAB's will have to be temporaly shut during grading and paving process.  Access to the entire neighborhood will always remain open.  This quote is good for 30 days.

 

Terms:

 Terms for payment will be:

Payment for 1st RAB due up front, then payment due for 2nd and 3rd RAB after completion of these, then payment due for 4th and 5th RAB after completion of these, then payment due for 6th and 7th RAB after completion of these.

 

Quotes:

$10,762.00 per RAB at 12' wide.  ($75,334.00 total)

$13,900.00 per RAB at 17' wide.  ($97,300.00 total)

$6.00/sq. ft. with 500 sq. ft. min. with one template pattern and color for StreetPrint Decorative Surfacing.

 Thank you for giving Asphalt Concepts, LLC this opportunity to quote.  Please respond to this email to confirm receipt, and if you have any further questions.

 

Baird Sanders   

 

MINUTES OF MEETING OF BOARD OF DIRECTORS OF

 

BOYLE PLANTATION HOME OWNERS ASSOCIATION

 

. . .

 

Meeting #:        1

Date:                1 February 2007

Location:          106 Rhetts Way

. . .

1        Round-abouts:   Various options were discussed concerning the design/repair of the turn-abouts including turning radius, patching vs permanent repair, and speed bumps.  To be carried as an open item till resolved.

 

Initial Letter to Homeowners (Elected Board - 3/11/07):

 

“There are many other items that the Board will be addressing in the near future such as: repair of the roads, . . ”

 


5th  Amendment,  ITEM 1:

 

            Boyle Plantation is a gated community with private roads, drainage system, entrance gate, pond, common areas, right of ways and easements.  The Homeowners Association is responsible for the maintenance and repair of said private roads, drainage systems, entrance gate, pond, common areas, right of ways and easements. Therefore, in addition to the annual Homeowners dues the Homeowners Association may levy, in any one fiscal year, a special Assessment applicable to that year only. The Board of the Association may impose a special assessment so long as the total amount of special assessments allocable to each lot does not exceed One Thousand Dollars ($1,000.00) in any one fiscal year.  Boyle Plantation Homeowners Association may collect such special assessment from each and every property owner and subsequent owner of each and every lot located in Boyle Plantation.

 

            Special Assessment” shall mean and refer to an Owner’s share of the common expenses, or other charges or cost, which may be assessed against a Lot periodically or from time to time as warranted, and in the manner set forth herein.  Any Assessment shall be a lien against the applicable Lot and may be enforced by the Association with or without the filing of the same upon the public records.

 

 

            The Special Assessment to be levied by the Association is for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair, replacements, improvement, protection, operation and/or maintenance of the private roads, drainage system, entrance gate, pond, common areas, right of ways and HOA easements.  Additionally, these assessments may be used for provisions of necessary and reasonable services and other expenses of the Association as may be more specifically authorized by the Board of Directors

 

            As with the annual Homeowners dues, the Special Assessment must be fixed at a uniform rate for all Lots, whether improved or unimproved, and may be collected on a monthly, quarterly, or annual basis as determined by the Board of Directors.

           

            Any Special Assessment not paid within thirty (30) days after the due date shall bear interest, from the due date, at an rate equal to the lesser of (a) eighteen (18%) percent per annum or (b) the maximum rate provided by applicable law.  The association may bring an action of law against the Owner personally obligated to pay the same, or foreclose the lien against the Lot (as in the foreclosure of a mortgage), or both.  No Owner may waive or otherwise escape liability for the Special Assessment provided for herein by non-use or abandonment of such Owner’s Lot.

           

            Lots 53 and 77 are exempt from Special Assessments as the access to these lots do not require the use of the gate or the private roads.  These lots have direct access from Highway 165 and entry into Boyle Plantation is not necessary.