Southern Trails

Newsletter

Posted in: Copper Grove
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  • squeekywheel
  • Respected Neighbor
  • Indianapolis, IN
  • 122 Posts
  • Respect-O-Meter: Respected Neighbor

We received the newsletter from the HOA this morning. It was nice to see them at least talk about the things they did. They still have not released the amounts spent on the stone that was placed around the lakes. Also the aeration that was placed.

I am going to touch base on several things in my reply to them. I will be quoting the covenants in a lot of my reply. I will give the section I am quoting from when I do. Iwill start in the Developmewnt plan concerning mail box`s. The mail box and the post are described as two different things. The box itselfshall be "shall be uniform of type color and manufacturer". It says nothing about the letters and numbers being stickered. The post shall be " approved by type, size and location". once again it does not say anything about height or color. The USPS does have a height restriction that is mandated by them. This is in no way enforceable by an HOA.

As far as fencing goes, since the HOA can not or will not enforce any fencing restrictions, they no longer exist. I feel they would have a very hard time enforcing any fencing restrictions.

The next area is for the HOA board spending money on new expenditures that are not of a maintenance item. This is under Copper Grove Homeowners Association (d) Reserve for replacements " fund for periodic maintenance, repairs, renewal and replacement of the community area". This would be for flowers, mulch paint signs and lighting. This is not for thousands of dollars of things they would like. They have to get a vote from the body for things like this. Like I have said before, they do this at the annual meeting. An agenda of things should be sent by mail to every homeowner or it is not even a valid vote.

21. Duration " DurationThese covenants, conditions and restrictionsand all other provisions of this declarationshall run with the landand shall be binding on all personsand entities from timeto timehaving any right, title or interestin real estate or any part thereof, and all persons claiming under them, until December 31, 2019 and thereafter shall continue automatically until terminated or modifiedby  vote of a majority of all ownersat any time thereafter; provided, however, that no termination of this declerationshall effect any easement hereby created and reserved unless all persons entitled to the beneficial use of such easement shall consent thereto". Long story short on 12/31/2019 by a majority vote we can elominate the HOA in total or part.

I think the light poe was a necessary expense in order to provide for the safety of our neighbors. The parks department should be notified and they should provide lighting in the park since they own it. The aeration in the ponds was not necessary. We do not have ice continuously all year. When ice melts it releases oxygen. Our ponds are deep enough that when it gets hot the fish are just fine in deeper water.  The rock will not in any way stop musk rats from burrowing. They start their burrow under water and up onto a higher level under ground bu above water. Your stone stops at the water line. Your reasoning does not hold water so to speak. I have been hunting and trapping my entire life and would be more than happy to get you references. The aeration alone, I would not have a problem with but the expense of the rock was huge. Your lack of response with the cost proves that. I still want that figure and I am entitled to it. I will send a registered letter requesting it if I have to. If that does not work, we can go to court in order for me to get the information I am entitled to. I can get my money back in the form of a court order subtracting dues until my expenses are paid.

Everything I have claimed is in your covenants. The HOA will interpret them the way they want to. Read them for yourself. They can not just run pampent. In closeing, park your boats and campers on the street as long as you like. Through their own admission, they can not do anything about it. When they want to treat us as good neighbors, we will then treat them the same. Seven years and a vote of 90 residents will eliminate the HOA. You can`t even get a quarrum at a meeting. Do you really think 90 votes will not be obtained? Good luck with that.

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