Landscape Maintenance Obligations and the HOA: One More Time

10/26/15 Update:

Nothing has changed.. I still do not see anything happening here the right way… There has not been any change … I continue to do my Owners landscaping obligations per CC&R 4.2… I see my neighbor performing this function… but no one else is here around me….Not even the Meadow Park board member across the street.. I do see him chatting all he time with Jenson landscapers and asking them to perform tasks that he is responsible to do…I am only stating the truth as a viable witness…

10/15/15 Update:

CC&R 4.2:

4.2 Owners Landscaping Obligations. Each Owner shall maintain the landscaping within any Exclusive Use Common Area patio appurtenant to the Owner’s Condominium in a healthy and weed-free condition and shall be responsible for the periodic pruning of any trees and the removal of any diseased or overgrown trees or any trees with root systems that are damaging any Common Area or Association Property improvement.

The Meadow Park HOA continues to overcharge all Meadow Park homeowners for landscape maintenance which is our responsibility to perform! This is totally unbelievable but true….This practice has been going on for a very long time and continues to this day…Years and years have gone by as if this was the right way to do things here…. It is not the right way and never was from the beginning!

Every time there is a new landscape maintenance company hired, a contract is signed and this management company Wakefield Sharp tells them to do all of the landscape maintenance in Meadow Park . Wakefield Sharp has continually ignored our rules!!! Wakefield Sharp acts like we are a rental community instead a community of homeowners…

This illegal activity has not stopped…I continue to document this total ignorance of our CC&R 4.2…. I follow all of our CC&R rules…Wakefield Sharp ignores them and in fact has hired their attorney to change our CC&R rules! That is pure criminal behavior happening right now…

I do not stop performing the Owner landscape maintenance which is required of me…I also pay the very high assessment fees of 233.00 per month. I am continually being overcharged! The HOA owes me so much money!

05/20/15:

Well over ten years we have been here and we are treated like stupid people by the management company… The management has a mind-set that makes them feel they are in control of us.. They are better off managing a group of rental apartments.. They are not the right property management company for us.. They are liars and corrupted businessmen. They have not done a good job for us here in Meadow Park… They owe us a lot of money for not following our rules….

Are you being told that you do not have any landscape maintenance obligations? Are you a real Owner in the Meadow Park community? If you have answered yes to both of these questions, then you are being told incorrect information. I started working on this problem several years ago in this community and I still see a lack of responsibility in the Owners for this maintenance requirement. I see nothing being done by most Owners. I see them ignoring their landscape maintenance responsibilities all of the time, including board members! This is shameful but true..

And why is this happening? It is only because the HOA management (the contracted property management company Wakefield Sharp) is telling the landscape maintenance company Jensen to do all of the landscape maintenance in our Meadow Park community. Now again, this means that I am being overcharged every month because they are  ignoring our rules. And it is the management’s fault and no one else. They continue to do this on and on and no one is stopping them. They have misspent our monies for many years now…Just think how little we would have to pay every month to the HOA if Owners were following their landscape maintenance obligations…

They (Wakefield Sharp) never said anything else to the Owners in any mailing. They never told the Owners that the Meadow Park Owners have a responsibility to maintain the landscaping attached to their patios, front and back. Instead they deny and ignore our rules and make invalid contracts that cost the Owners way too much money…The Owners should be doing their landscape maintenance obligations and this would cut down our landscape maintenance costs greatly. RIght now we pay Jensen $16,00.00 per month! If we all did our required landscape maintenance, this cost would be cut in half easily, if not more…We are not a retirement community… We are a community of hard-working families, Owners not renters….

We need to get rid of Wakefield Sharp. They have not been giving us the customer service we deserve. They cost us more money all the time. They are not doing a good job…They ignore our CC&Rs and do what they want. They waste our money! We need to fire them ASAP!

Yes, even some of  the Meadow Park board members do not like that fact that CC&R 4.2 exists…Here is what you currently see when you try to access the HOA’s website. There is no way here for Owners to interact as the message boards were removed and never replaced…

Meadow Park Website Etiquette and Usage Guidelines

Meadow Park Website Etiquette and Usage Guidelines

We have a corrupt board and management company running our HOA.

Here is CC&R 4.2 once again:

4.2 Owners Landscaping Obligations. Each Owner shall maintain the landscaping within any Exclusive Use Common Area patio appurtenant to the Owner’s Condominium in a healthy and weed-free condition and shall be responsible for the periodic pruning of any trees and the removal of any diseased or overgrown trees or any trees with root systems that are damaging any Common Area or Association Property improvement.

This just means that the landscaped area that is attached to our front and back patios is our (the Owners) responsibility to maintain. That means to weed it and water it and replace the planting materials as needed! That means if tree roots are interfering in any way, the Owner is responsible to clean it up! This is the place where the planting materials and other important landscaping information is listed:

https://meadowparkcommunityblog.wordpress.com/important-hoa-documents/

This CC&R rule 4.2 has never been enforced by the management of the Meadow Park HOA. And as a result, we have this huge monthly payment to these ridiculous landscape maintenance companies like Jensen: $16,000.00 month! That amount could be reduced signficantly if we all did our part and followed the 4.2 CC&R..

Instead, when I tried to bring this matter forward I was harassed and bullied! I tried to communicate to other Owners and was not given any support.

It's a New Day in Meadow Park!

It’s a New Day in Meadow Park!

The Meadow Park Community Blog flyer which was removed from all the owner occupied mailboxes.

The Meadow Park Community Blog flyer which was removed from all the owner occupied mailboxes.

I am only stating this all once again, because the problem keeps repeating itself. And so I go forward with my lawsuit..

I have no fears. I follow all the rules and pay my monthly dues. I am not behind. I am not a dead beat owner. I have no legal problems here, but the HOA management has a lot of legal problems pending….Because they are not following our CC&Rs! This is a joke…They are a joke!

Illegal Renting Continues on Captain Nurse Circle…But Now (Maybe) There is Some Action!

UPDATE 10/09/15

I just received a very nice follow-up email from Eric Lucan, Novato City Council Member. He was checking on the status of this situation and wondered if the City had been in contact with me yet… Thanks so much Eric for all your concern and support! I informed him that Bob Brown had just emailed me about the upcoming November 17 meeting information…

How fortunate I am to have these City of Novato officials on my side… It sure feels good to know that the City of Novato is taking care of Meadow Park! And BTW, you have my vote for sure Eric…I like what you do and I agree with you too!

UPDATE 10/08/15

I just received the best email from Bob Brown, Community Development Director for the City of Novato.  Here is what Mr. Brown told me:

Ms. Angel:

 

I received a forwarded copy of your recent e-mail regarding the renting of affordable housing units at Meadow Park.  City staff, along with Hello Housing, have been continuing to receive homeowner/occupant verification information from the great majority of homeowners, but there are some who have not replied and may be actively renting their units.  We are pursuing final investigative steps to obtain sufficient evidence to initiate legal proceedings for those we believe are in violation of their purchase documents.  We will describe our enforcement process and timeline at the next HOA meeting on November 17, 2015.

 

Bob Brown

Community Development Director

Wonderful news!

UPDATE 09/22/15

Received this email information just now from Matt Warner, Program Manager at Hello Housing:

“Regarding the enforcement of owner occupancy in Meadow Park, we have established an approach to take with out of compliance homeowners in partnership with the City and will be publicizing our efforts in the next few weeks.”

UPDATE  09/19/15

Just had a nice stop by visit from Eric Lucan. He was distributing his re-election flyers door to door and rang my doorbell. I was happy to finally meet him in person and hear what he had to say… He told me that he did forward our emails to the City Manager’s office.. That is a very good thing!

Now there will be some action toward correcting this situation… Inactivity is a thing of the past… Because Eric took a genuine interest in my concerns, we will see legal actions occurring … And I know Eric will do a fabulous job when he is re-elected for Novato City Council…

UPDATE 09/14/15

Just had some emails and a phone conversation with Eric Lucan, Novato City Council Member, regarding this problem…I told him that I have not seen any legal follow-up as of yet, and I still see illegal renting continuing on Captain Nurse Circle…

He is definitely looking into it since the city council did authorize Hello Housing to intervene last October.. He is going to let me know what is happening right now… Thank You Eric!

I still have not heard back from Matt Warner of Hello Housing.

UPDATE 09/07/15

Just received that very nice looking newsletter from Hello Housing stating that renting is not allowed here in Meadow Park…Well, I am still seeing illegal renters living on  my street…Where is the legal action I was told would happen four months ago from Matt Warner of Hello Housing?  I am not seeing any legal action…. Apparently, there are 3% of responses still not received by Hello Housing regarding owner occupancy… And I know why… That 3% are the homeowners still renting their townhouses illegally because they are not being stopped

That is what is currently happening…Many of those homeowners own townhomes right here on Captain Nurse Circle… It is like this little negative sub-community that has set up illegal renting and this activity is being enabled to take place….

The City of Novato and Hello Housing are not doing anything about it…. Wait and wait for nothing to happen…I see the illegal renting activity going on all the time and document it here on my community blog. That way the public can know what is really going on here in Meadow Park.. This problem remains a big mess and has not been addressed legally at all! How long does it take for something to change here? A year longer? Five years? What is the wait for? Why is there illegal activities still happening all the time? Why? Today, I emailed Matt Warner again to get an update and no response…

UPDATE 05/11/15

Today I received an email from Matt Warner at Hello Housing.

This is his email response :

from: Matt Warner <matt@hellohousing.org>
to: Julia Angel <firsthealer@gmail.com>
date: Mon, May 11, 2015 at 11:16 AM
subject: Re: Update regarding illegal renting issues: Meadow Park, Captain Nurse Circle
: Important mainly because it was sent directly to you.
Hello Julia, 
 
The City has identified a number of potential renters and we’re currently doing further investigation to determine where the owners reside. We anticipate to have enough evidence to take action in the second half of this year. 
 
Thank you for your inquiry. 
Matt Warner 
Program Director 
Hello Housing 

That is the latest information available about the illegal renting happening on my street: Captain Nurse Circle. The good news is that it is being actively investigated and dealt with this year! And that knowledge should improve our home property values even more!

You will only read about this here on my blog. The Meadow Park Board of Directors and management do nothing about this and never talk about it at any board meetings…. I hope this sends a severe warning to the renters and Owners who rent in our Meadow Park community. Beware! You are not being over-looked anymore. The City of Novato is aware of your illegal renting activities and is following through legally now…. And the proof is right here on my blog. I just posted Matt Warner’s email.. I do not paraphrase or change his words…I just post the email in its entirety and therefore I cannot be blamed for making false claims..

Thank You Matt Warner for responding to me in a timely manner. I am sure your efforts at Hello Housing and the City of Novato are going to be very powerful to change the renting problems here in Meadow Park…

We are not a rental community.. We are a community of Home Owners!. We could not qualify for a home here based on a renter giving us income.. Our CC&Rs prohibit renting of any kind…Our CC&Rs govern us.. We have more restrictive rules than the City of Novato.. We are protected from renting situations by our CC&R 3.2…

3.2 Owner Occupancy Requirement and Renting.

Pursuant to the terms of the Affordable
Housing Covenant, Resale Restrictions and Option to Purchase Agreement (the Resale
Restrictions Agreement), the Non-Transitional Housing Condominiums must be Owner-occupied
and may not be leased, subleased, or otherwise rented.

Now that this problem has been brought out in the open (by me) it is being dealt with by the proper authorities..

That is the truth…

This blog post regarding illegal renting will be updated as necessary during the coming year..

UPDATE 05/07/15

It is hard to believe that this much time has passed since I first posted about this problem.  It has though and I decided this week to find out what was really going on here… I still see the illegal renting activities going on unabated.. It seems like nothing has been done to stop it…But maybe there is some progress and I would like to post about there…

So I sent Matt and Mardie at Hello Housing a new set of emails to try to see what if any progress has been made. I have not received a response from either of  them…

That is not good of course.. Hello Housing is the agency that is supposed to oversee this problem and make sure it is corrected… But so far, no response from either one of them. I made a note here today because I am trying to follow-up on these illegal renting issues since no one else is doing this….

The illegal renting problems go on and on…Property values go down when this happens.. It is not a good situation here on Captain Nurse Circle….

I hope to hear from one of them soon….


Original Post 08/21/14:

I have not heard any more from Matt Warner of Hello Housing. He assured me that he was working with the City of Novato to deal with this problem. Well, the problem continues over one month later. The wrong people are here on my street walking around with their assistant acting as if they belong here. The white buses still come and go as if it is OK. It is not OK. I still see foster teens everywhere. How did this happen? Who is allowing our renting restrictions to go on unchecked.The Meadow Park Board of Directors is allowing this mess to go and on….

I emailed Matt Warner again after talking to another Owner here on Captain Nurse Circle last night because I can tell nothing has changed for the good. I am not happy. I am really disgusted. I am thinking a court action may be necessary if things do not change soon…

Here is my email today 08/21/14 back to Matt. He last emailed me on July 18. His email is: matt@hellohousing.org

Hello Matt,

It was over one month ago that you replied to me about the illegal renting situations on my street: Captain Nurse Circle in Novato. It continues Matt. I am disgusted to still see these DD people being picked up in those big white buses everyday! I am also disgusted to see them being walked around my street with their assistant acting like they are supposed to be living here. I am just giving you the most recent update possible.
I hope you can start notifying these derelict owners about their illegal activities. I am sick of them getting away with it….There is another Owner on my street too who has illegal rental concerns. Her name is Corrine Mills and she said she spoke to you about this at the meeting you had here in Meadow Park a few months ago. But she has not heard anything else either and still sees the illegal renting problem persist. Do we have to go to court to get this settled properly? I hope not. 
Please, do something now and inform me what is going on. I am blogging about this on my blog site so that Owners know what is really being done this time to get rid of the illegal renting problem…It is still totally out of control
Thank you again, 
Healer Julia Angel
Owner, Meadow Park Community
44 Captain Nurse Cir  Novato, CA 94949

Owners: if you are experiencing this particular problem in your neighborhood, please let me know and I will post it here on the blog. Also, Matt Warner needs to know too, so email him directly: matt@hellohousing.org.

Otherwise, nothing will ever be done about it… unless we go to court as a group and get rid of the problem entirely….

The Landscape is Unsafe on Captain Nurse Circle…. NOTHING HAS CHANGED!

Update: 09/27/15

Nothing has improved here yet! The bad trees remain untouched…

Update: 08/27/2015

Four months ago I made this post to continue documenting an unsafe and extremely high fire hazard situation in my neighborhood.. I am reporting again that nothing changed the right way... Instead, I see the HOA authorizing more high fire hazard wood chips described as “mulch” spread all over our landscape… The trees that are very volatile and dry with peeling bark and dead branches remain here untouched. I am referring to the Eucalyptus and Paperbark trees of Australian origin.. These are non-native high fire hazard trees allowed to remain in my residential neighborhood… There are way too many of these trees here.. All of them should have been removed a long time ago!

And yes, we have rules against this, but the rules are being ignored still.. Sadly, the HOA is in the dark ages still… Hiring an outdated landscape maintenance company like Jensen to do things the old-fashioned way: using herbicides and chopping down all of the living and growing healthy and low fire hazard vegetation.. Oh, and I also blogged about the time they left the sprinklers on for over 9 hours…..I reported that water wasting incident to the North Marin Water District…I sure hope we did not have to pay that water bill…

Why are these landscapers still here? Good question…

I observed a very bad “landscape maintenance activity” yesterday in my neighbor’s exclusive use common area landscaping attached to her front patio… This landscaped area is the homeowner’s responsibility to maintain, not the HOA’s! A landscaper from Jensen used his power tools to chop down a very healthy and thriving Jasmine vine.. It looks like a war weapon hit it… It was so beautiful and fragrant.  This plant is allowed according to our vegetation rules….Now it looks like it is barely alive….

This is a disgrace..

And these people at Jensen should all be fired and replaced with a good group of organic landscapers … That is where we are right now in much of the country… No one likes the fact that they are using herbicides whenever they feel like it…With no thought given to the people and animals who live here…Disgraceful! But here in Meadow Park, Jensen took over from Cagwin & Dorward and continued doing things wrong at a very high price.. These landscapers cost us $16,000.00 per month.. What a horrendous waste of money that is….We are constantly being overcharged by the HOA because the landscape maintenance company is being told to do all of the landscape maintenance! Even the part that is the homeowner’s responsibility…

What a bunch of idiots these management people are…But their time is ending soon….  


05/23/2015:

Eucalyptus Tree in the middle of Captain Nurse Circle

Eucalyptus Tree in the middle of Captain Nurse Circle

Australian Paperbark tree in full bloom- This is not a California Pepper Tree!

Australian Paperbark tree in full bloom This is not a California Pepper Tree!

Australian Paperbark trees lined up in the middle of Captain Nurse Circle

Australian Paperbark trees lined up in the middle of Captain Nurse Circle

I have blogged about this problem so many times!  I am stating this here for documentation purposes that the management of this HOA has not fulfilled its responsibility. It has not adhered to the Meadow Park Vegetation Management and Fuel Modification Plan Phase One (hereafter to be referred to as the Plan) which prohibits these types of trees on our street….Phase One refers to Captain Nurse Circle and March Field Court, (according to the map included in this Plan). These trees are strictly in violation of our Plan….

Nothing was ever done to make sure that these high fire hazard trees on our street were removed no matter how many times I notified the HOA management and complained….NOTHING! I have contacted every authority available about this situation and got the complete run around…The City of Novato was responsible at the get go for making sure the Plan was in place and the neighborhood was ready for homeownership .. The City of Novato failed to do this…These trees were allowed to stay here in direct violation of our Plan!

The Australian Paperbark trees are in full bloom and doing quite well… This tree is high fire hazard, invasive, and non-native. It is a very bad tree for our landscape.. Why is it here? Many states in the US are prohibiting it altogether.. It is not good to have these trees here….Yet it is in high-profile right now and in full bloom with its white bottle brushes because the Novato Fire Marshal called it a California Pepper Tree.. I know the difference between those two trees… I am not stupid..

And that huge Eucalyptus tree remains in the center of Captain Nurse Circle. This tree has been there since the early days and was left there when our homes were built. Does that make any sense at all? Why wasn’t it removed before our homes were built? Who decided to leave this high fire hazard, prohibited tree in the middle of our street? There are other Eucalyptus trees here too… It is a crime, do you understand!…All these bad trees lined up in the middle of our street:. the Paperbark and Eucalyptus make our street in danger of a fire ..It seems like these people want us to have a fire here.. That is what it looks like to me…A set up for a fire disaster…

So, that is all I am saying one more time.. These trees remain here and it is in violation of our rules, especially the Plan, Phase One.. which was developed many years ago to protect the homeowners here on Captain Nurse Circle…These people and agencies: the City of Novato, the Novato Fire Protection District, and the Meadow Park HOA Board Members,(including Wakefield Sharp Property Management) have failed to provide a safe living environment ..These people and agencies continue to ignore the reality of this construction tragedy that was never properly handled… And still is not being corrected to this day! This is a scam, a sham, a complete disgusting mess and it needs to be talked about openly.. So I am here to do it, over and over again until positive change occurs..

THE PLAN WAS CREATED AND SIGNED OFF BY THE NOVATO FIRE MARSHAL OVER TEN YEARS AGO BUT NEVER PUT INTO ACTION!

Here is the link to this document. Read it thoroughly as it describes in detail what is supposed to done to create a safe and fire free environment..

https://meadowparkcommunityblog.com/important-hoa-documents/

And of course the HOA management is keeping this document a secret.. The HOA management is not providing any information about this document to the homeowners.. That is why I have posted it here on my blog… I continually thank Clark Blasdell, the CEO of North Bay Family Homes for giving me an original copy of this Plan last summer…

Meadow Park Community Blog Lives On!

I have decided to let the domain name meadowparkcommunityblog.com go..I can do this blog for free here at this address on wordpress: http://www.meadowparkcommunityblog.wordpress.com. Thank You WordPress!

SO: MEADOW PARK COMMUNITY BLOG LIVES ON!

It is time for the Meadow Park HOA Board of Directors to grow up and deal with the real important issues as I have… It is time for the Meadow Park HOA to have the governing documents on their official website. But even if they do not ever deal with reality, I always do and that is why those very important governing docuemnts will always be right here…

After one entire year of online blogging here on WordPress about Meadow Park: I  do see some positive changes occurring..

There has been some good intervention with the Novato Fire Protection District… Not enough though! The Vegetation Management and Fuel Modification Plan, Phase One has not been utilized to the extent it was intended…Sad to say, Captain Nurse Circle (Wood Glen) remains as a neighborhood in Meadow Park without fire safe landscaping, labels on our locked fire extinguisher cabinets, and repaired fire sprinkler systems…….This puts our neighborhood at risk for a serious fire emergency, especially in this drought time… I have said this numerous times though.. This is still the current status…

There is legal action being done about the illegal renting in Meadow Park.. This is a wonderful change……

I have been able to achieve an almost unheard of and nearly impossible feat: having our fire sprinkler systems tested and inspected for a five year certification, and paid for through HOA monies…..THE PROPERTY MANAGEMENT CONSTANTLY SAYS, “THIS IS THE HOME OWNER’S RESPONSIBLITY”. WELL YOU STUPID PROPERTY MANAGEMENT COMPANY, IT IS OUR MONEY THAT IS PAYING FOR IT… IT IS OUR MONEY THAT PAYS FOR YOUR RIDICULOUS AND CORRUPTED SERVICE TOO…

I am still awaiting for the repairs though… My fire sprinkler system was tested on February 9, and I still have not had the repairs done.  I hope this happens within the next few weeks…I want my 5 year certification report for my records… This is a state law…I am following up on that today… And if I receive any good news about it, I will post here….

“See How Dry This Is? That’s Because the Water Hasn’t Been Turned On..”

That was the comment I heard our Meadow Park HOA treasurer, Roger Burstrem making to his wife just now as they entered their home. He was referring to how dry the exclusive use common area landscaping is around his front patio. I think this is so funny really.. Here is a board member who is complaining about the water problem here on Captain Nurse Circle! This is funny because:

1). Of course there is a water problem. There is no irrigation turned on. I have been blogging about it..

2) He is a board member so why is this problem persisting?

3) If there is no water turned on, then why doesn’t Mr. Burstrem comply with CC&R 4.2 which states that he is responsible for this landscape area’s maintenance to be kept in a healthy condition. That means if the HOA is not watering, then he should be watering…Duh!

So I had to make a post about this today because the whole thing is like a TV sit com… And I  am pointing this out right now because this really just happened. He will never water his exclusive use common area landscaping, even though it is part of our CC&Rs. And he is a board member!

Instead, he should be a good example about this, but he just adds to the current problem. I have been watering my exclusive use common area landscaping for several months, but as stated before in another blog post, I seem to be the only one doing this right now. Everyone around here is clueless to their landscape maintenance responsibility except me! It is really like the Twilight Zone around here..

I did an email recently to Ryan at the North Marin Water District. I told them that there was a major water wasting incident on April 3 here on Captain Nurse Circle that was due to negligence of the Jensen workers. I know that the NMWD did a walk around with the new landscape maintenance  company. I also told them that the water on Captain Nurse Circle  was not turned on again! This happened last year too..I wrote a letter to them about this very same issue last May..

But so far, nothing has been done. Should I turn in a work order to Wakefield Sharp to have the water turned on? Wonder what their response will be this time. Probably some poor excuse about the drought….

Well, I’ll go ahead and put one more work order into that place and see if I get any response. It is like a sit com around here. I do not expect much, but it is fun to get a good laugh once in a while from these players who think they are doing a good job and keep getting paid for rotten service...

So, I just tried to send a work order request into Mark Sharp on the Meadow Park HOA website. I got this error message:

Mailing Failed… Error is:

503 5.5.1 Incorrect command sequence

This is what I tried to send to them:

Please get the irrigation turned on here on Captain Nurse Circle. I even just heard Roger Burstrem complaining about how dry everything is. We have not had an irrigation schedule for months…I know all about the drought, but we still are allowed some irrigation for our landscaping…Please get this done ASAP.

I will just email it directly to them and see what happens. They are experiencing a problem with the HOA website apparently …Hmmm…