Petition: SWL Condominium Association Water Line Damage & Repair

 

From: The Undersigned Sherwood Lakes Homeowners

To: Sherwood Lakes Condominium Homeowners Association Board

We, the undersigned homeowners of the Sherwood Lakes condominium community, respectfully submit the included petition and signatures requesting that the Homeowners Association Board (HOA) take immediate and long-term action to address the ongoing water line leak issue in a manner that reflects the best interests of the community and its homeowners. We urge the Board to consider the significant negative impact this issue has on homeowners and the overall harmony of our community.

Under the current interpretation of Sherwood Lakes condominium bylaws, homeowners are individually responsible for the cost of repairing failing water lines on community property. However, homeowners do not have the “right to maintain or repair” these utility lines due to their location. This leaves homeowners in an unfair position, being required to bear the costs without having control over repairs.

This included petition outlines proposed policy amendments and solutions developed with input from community members. It is understood that further efforts, including securing a two-thirds majority vote, may be necessary to implement certain recommendations. We request that the HOA Board carefully consider this petition and take immediate action. If there are adjustments needed to this submission, please advise.

We hope this petition serves as a constructive step toward resolving this issue. The homeowners of Sherwood Lakes thank the Board for their consideration and commitment to our community.

Immediate and Long Term Solutions:

1.  Immediate.  Solutions to be considered and implement at the next HOA board meeting. 

a.  Temporary Pause on Billing for Repairs. Request the HOA Board to immediately halt billing and/or accepting payments for current or future repairs related to this issue. A temporary pause should be implemented until a fair and acceptable solution is determined and enacted.

b.  Call for a Revote. Request the HOA Board to call for a revote on the “Maintenance of Single Unit Utility Service Piping” decision, which assigned repair responsibility for “off-property” water lines to individual homeowners. If a revote is conducted, we urge the Board to consider the community-wide impact of this issue and the inequity of requiring homeowners to take responsibility for utility lines they cannot maintain or repair.

2.  Long-Term.  Solution to be reviewed and implemented at the earliest practical opportunity.  A detailed update is requested at each HOA board meeting until resolved.

a.  Revision of Bylaws: Request the HOA Board to revise the bylaws to clearly define the responsibilities of the HOA and homeowners regarding failed water lines. Suggested revisions include:

1) Community association is responsible for the water line to the first cutoff valve including the cutoff valve. This valve is located within homeowner property line within the easement.

2) Homeowner is responsible from the first valve up to the unit, the homeowner is not responsible for repairing or replacing the valve.

3) Community association is responsible for substructure and soft landscape impacted during the repair (e.g. dirt, grass, and bushes).

4) Homeowner is responsible for surface structure hardscapes and trees within their property impacted during the repair (e.g. concrete, pavers, rocks, planting bed materials and boarders).

5) Homeowner is responsible for utility damaged caused by the homeowner, homeowner’s guests and visitors, or contract personnel hired by the homeowner.

 

 

 

 

 

Figure represents responsibilities for waterline.

b.  Fiscal Impact Study and Funding Options Report. Request to conduct an impact study to determine the cost burden on the community.  Provide options for how best to fund the projected repairs (e.g. annual assessment and increased HOA dues).  Letter to homeowners dated 15 March 2024, reported a “significant increase in your monthly assessments”.  Request additional information what is significant.

c.  Comprehensive Plan for Repairs. Request the HOA Board to develop a long-term plan addressing the growing issue of water line failures. This plan should account for:

1) The financial and logistical impacts of loss of water and periodic unplanned repairs.

2) The potential cost and resource savings of contracting a major repair or phased replacement project.

3) Coordination with future road maintenance or other infrastructure projects to maximize efficiency.

d.  Feasibility of Legal Action. Request to determine the feasibility of legal action against parties involved with the installation of the waterline.

Sincerely,

Undersigned Sherwood Lakes Homeowners