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!

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….

Novato Fire Marshal Calls it a Pepper Tree- No Visit Ever Made On Site…

Update 09/28/15:

Six months ago, I made the following post… I just let it all go after that.. I could not believe that the Novato Fire Marshal was calling the high fire hazard trees (Australian Paper Bark) on my street” California Pepper” trees.. There was nothing else I could do… I just simply posted his email response and mine and said good bye to the Novato Fire Protection District… I could finally see that they are just a scam… But, I am putting this on the front page of my blog so others can see what I had to deal with and why I had to let it go… As of this date, the very bad rees remain here untouched… I still hope for the day when good people will take control and make my neighborhood safe from a major fire disaster… I do not care what the Fire Marshal says… I do not trust him..I only trust my own feelings and that has allowed me to live and be safe… And I will continue to post the truth about this situation until that day when everything is done right…

03/18/15:

I received this email response from B/C Fire Marshal Bill Tyler yesterday regarding my most recent complaint. I sent him and others my response back. See below:

from: Bill Tyler <btyler@novatofire.org>
to: Julia Angel <firsthealer@gmail.com>
cc: “clark@nfh.org” <clark@nfh.org>,
“info@wakefieldsharp.com” <info@wakefieldsharp.com>,
“hgrunt@cityofnovato.org” <hgrunt@cityofnovato.org>,
Virginia Patterson <vrpatt193@aol.com>,
Lori Jessell <ljessell@novatofire.org>,
Lynne Osgood <losgood@novatofire.org>
date: Tue, Mar 17, 2015 at 2:02 PM
subject: RE: High fire hazard vegetation problem on Captain Nurse Circle
: Important mainly because of your interaction with messages in the conversation.

 

Hi Julia:

 

After receiving your complaint on March 12, 2015 the following actions have been taken by the Novato Fire District to investigate and follow up:

 

  1. Complaint was assigned to a NFD Fire Inspector Lynne Osgood who performed a preliminary site inspection, including but not limited to identifying the area of the tree and other landscaped vegetation that you captured in your submitted photo;

 

  1. Identified the type of tree, evaluated the arrangement of vegetation, and its proximity to the structure;

 

  1. Contacted the property management company  and arranged to meet with the new landscape maintenance supervisor;

 

Findings:

 

  1. The existing condition of the landscape is substantially in compliance with the existing approved vegetation management plan, given this time of the year.

 

  1. The tree in the photo is a Pepper Tree and is included on the list of approved fire resistive trees in the approved plant list. It was limbed up appropriately. It is not to be considered a fire hazard. I understand from you that it was removed— it was done so without our input or recommendation.

 

  1. We will continue to work with and educate the property manager and their landscape maintenance crews as to proper maintenance of the approved vegetation management plan.

 

I realize that you have strong opinions regarding the current state of the landscaping and up keep, and that those opinions may not be in alignment with our evaluation and findings. We will continue to work with the management to keep the residential areas fire safe, and thank you for your concerns, which we do take seriously.

 

Sincerely,

 

B/C Bill Tyler, Fire Marshal

Novato Fire District

415-787-2690

 

My response:

from: Julia Angel <firsthealer@gmail.com>
to: Bill Tyler <btyler@novatofire.org>
cc: “clark@nfh.org” <clark@nfh.org>,
“info@wakefieldsharp.com” <info@wakefieldsharp.com>,
“hgrunt@cityofnovato.org” <hgrunt@cityofnovato.org>,
Virginia Patterson <vrpatt193@aol.com>,
Lori Jessell <ljessell@novatofire.org>,
Lynne Osgood <losgood@novatofire.org>
date: Tue, Mar 17, 2015 at 6:05 PM
subject: Re: High fire hazard vegetation problem on Captain Nurse Circle
mailed-by: gmail.com

 

Again, I want to say this one more time:

The tree in question was not a “Pepper tree”..A pepper tree has red berries and different leaves than this one… This tree was an Australian Paperbark tree. There are several of these paperbarks (bottle brush type) behind my  building.. Way too many…And all over Captain Nurse Circle

Now, I am not stupid. I know what kind of tree these are…. This is not the right kind of tree for our landscaping. These trees are not safe. They are highly invasive, non-native and high fire hazard and if anyone from the Fire Protection District actually would come out and see them, they would have to admit this too. I am really done with you guys this time..I know that no one ever really did come and see this stuff. All lip service….

You are not dealing with my reality. You have a mindset that is not healthy either… To say these are Pepper trees is very irresponsible of you..Shameful..

I do not want to continue to discuss this situation with you fire people.. I see that you guys do not take this very seriously…. That is a shame but it is the truth… So, I will not be bothering you anymore with my complaints… These high fire hazard trees remain here though and I am documenting that today… There was not ever a lot by lot inspection done or any removals done except when I specifically complained.. You are all irresponsible and not doing your jobs and yet you get paid.. Disgusting…

The only person who cared was Clark!

Amazing.

My point here is this: the Novato Fire Protection District is a sham.. They do not come out and do any inspections here. They call the vegetation safe when it is not. They are not in touch with reality..They are not protecting anyone but themselves!

Paperbark tree behind my home-very high fire hazard and invasive

Paperbark tree behind my home-very high fire hazard and invasive

This is the tree in question. It is not a pepper tree. There are several of these paperbark trees right now everywhere on my street and the Novato Fire Marshal says it is OK and calls these pepper trees… What a joke!  I am posting this here so we can all get a good laugh at those fire people who just sit around and do nothing and wait for a fire to happen! These trees are just a few examples of the mess we have here on Captain Nurse Circle..

 

Australian paper bark tree- very dry and lots of peeling bark. These trees are located through out our neighborhood.. It is a very invasive non native species.

Australian paper bark tree is very dry and lots of peeling bark. These trees are located throughout our neighborhood.. It is a very invasive, non-native and high fire hazard species.

Paperbark tree close to building on Captain Nurse Circle

Australian Paperbark trees close to building on Captain Nurse Circle

highfirehazardtrees082914 003

Strictly prohibited Australian Eucalyptus tree located in the center of Captain Nurse Circle. We have others like this one surrounding us on Captain Nurse Circle and  it is being allowed by the HOA and Fire Protection District..

Peeling paperbark trees.

Peeling Australian paperbark trees behind buildings 2 and 4 on Captain Nurse Circle.

Bottle Brush trees are everywhere on Captain Nurse Circle. There is a big line of them right behind buildings 2 and 4...

Paper bark bottle brush trees are everywhere on Captain Nurse Circle. There is a big line-up of them right behind buildings 2 and 4…We are at a high fire hazard risk right now because the Novato Fire Protection District is not doing their job to inspect this mess and supervise removal…