| Summary of Hearing: Placement of Trees - May 23, 2006 |
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Summary of hearing on dispute over placement of trees between 1104 Regal Oak Drive and 1003 Grand Oak Way, May 23,2006 Board members present: Jim Benson, Milton Weinstein, Allen Woodside, Gaurov Dayal, Ruthie Kramer, and Nancy Hart Others: Mike Holzman (CMI), Robin and Jay Blackman (1003 Grand Oak Way), and Isabel Carrero (1104 Regal Oak Drive). On Oct. 21,2005 Ms Carrero, 1104 Regal Oak applied to the ACC for “up to 10 Wichita Blue Junipers or Emerald Green Arborvitae to be planted in the common area in front of my property to serve as a privacy screen between the rear of 1001, and 1003 grand Oak Way facing my home’s entrance door.” On Dec. 27, 2005 Mr. Holzman notified Ms. Carrero that her application had been approved. On March 30, 2006 Ms. Carrero was billed by Brickman for $1470 for 10 trees. The trees were planted sometime before that. At the time of planting Mr. Blackman of 1103 Grand Oak Way complained to Mr. Holzman that the trees were not being planted according to his and his wife’s understanding of the ACC application. Around Apr. 1. 2006 Mr. Holzman and Mr. Benson reviewed the issue and decided that three of the trees should, in accordance with the original application, be removed. They suggested to Ms. Carrero that those three trees would be moved to her side of the wall at HOA expense. Ms. Carrero did not accept the Benson/Holzman decision and requested a Board hearing. The hearing was held at a special board meeting on May 23, 2006. After hearing both sides of the issue, the Blackmans and Ms. Carrero were excused and the Board members discussed the issue. A tentative decision was agreed to by the Board to conduct a survey to determine the exact location of the Blackman’s property line, the common area and the brick wall behind their house because one of the issues raised by the Blackman’s was that the trees may have been planted on their property. The board agreed that if the trees were on the Blackman property, they should be removed and Ms. Carrero reimbursed for her costs. The trees would be relocated at the discretion of the Landscaping Committee. Later that evening Mr. Blackman e-mailed a plat of his property to Mr. Benson. It showed that the trees were, in fact, on his property. There was a note on the plat stating that the plat should not be used for locating fences etc. On May 24, 2006 Mr. Benson sent an e-mail to the Board informing them that he would ask Mr. Holzman to proceed with the survey unless a majority of board members objected. No one objected. Submitted by James Benson
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| Last Updated ( Tuesday, 25 July 2006 01:23 ) |