VILLA RUN NEWSLETTER

                                                                       JUNE 2024

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Villa Run Welcomes our new residents!

Kenneth Webb 3059 Brixton Rd W.

Deborah Davis 1146 Lindsey Rd

Sharon Wood& David Robertson 1135 Foxboro Rd

 

 

The President’s Corner

As you drive and/or walk around Villa Run, I hope that you are noticing the touches that we have added. Thanks to Steve Parham for donating our flowerpots and Sharon Brown for planting the flowers, we are trying to create a more welcoming look for our visitors and future homebuyers. We are also in the process of replacing all our street signs as well, which should be completed soon. Things are getting done and we are still on budget, if not under it.

 

General Section:

When we hired our new law firm (Kaman-Cusimano) in 2021, they thoroughly reviewed our governing Declarations and By-Laws and came up with the following recommendations. For one reason or another, this letter was never acted on until now.

I have highlighted in Red what I believe to be the most important parts of each amendment followed by my comments which are in Bold black print.

 

Occupancy Restriction. I recommend that the documents be amended to prohibit Tier III sexual offenders, formally classified as sexual predators, from residing on or visiting the property.

As you may be aware, the Ohio Sex Offenders Act requires the county sheriff's department to notify communities of a registered Tier III sexual offender. The amendment is drafted so that the Association could act as soon as it receives notification that a Tier III offender is living on the property. The restriction can apply to Tier II offenders but only if the court requires the county sheriff to notify the neighborhood of the Tier II offender's residency, which is not common.

This amendment would allow us to be notified in the event that a person who has been convicted of a sexual crime is trying to purchase a home in Villa Run.

Insurance Deductible. The Declaration requires the Association to insure a substantial portion of the condominium property. This includes the original items the developer installed in the individual units, such as sinks, faucets, and cabinets, even though the individual owners maintain those items. This type of insurance is not unusual, but it is confusing. While the Board can consider an amendment to shift responsibility for ensuring the original unit items to the individual owners, I recommend that the Board at least pursue an amendment that shifts responsibility for any unit damage below the amount of the Association's insurance deductible to the individual owners. Without an amendment on the insurance deductible, the Association is responsible, for example, for any water leak damage within a unit, even if the leak started from inside the unit, such as from a leaky faucet.

The cost of insurance has been on the rise over the last few years, and this amendment may provide a reasonable hedge against future premium increases resulting from additional claims and will spread the deductible responsibility more evenly between the Association and individual unit owners. The Association would still be responsible for the deductible for any damage to the common elements.

This amendment simply clarifies who is responsible for what when it comes to repairs made inside our homes. Without it, the Association is currently responsible and while that may please some people, I will remind you that ANY claims made within a five-year period will likely trigger a rate increase which would affect us all.

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Leasing Restriction. The Association's current leasing restriction, amended into the Declaration in 1996, prohibits leasing on all units. Some courts have ruled that provisions of this type are unreasonable, and, therefore, unenforceable. As a result, if the Board attempts to enforce this provision and evict a tenant, a court may find the leasing restriction invalid. Consequently, we recommend that the Board consider authorizing an amendment to the leasing restriction to be presented to the owners for a vote.

This amendment will prevent rental units at the Villa Run Condominiums. Furthermore, the amendment is reasonable, flexible, and contains some built-in exceptions: 1. The leasing restriction would not apply to current owners who are renting units; though given that the prior restriction was passed in 1996 it is unlikely there would be any current owners who are leasing 2. If you own the unit but only your children) or parent(s) lives in the unit, the living arrangement is excluded from the rental restriction; and 3. If any owner encounters a personal hardship, the

amendment contains an automatic, one-time right to lease the unit.

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This amendment is needed to beef up our existing language to make it harder for any investor to purchase a condominium with the intent to rent or lease.

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Cost of Enforcement. Generally, under the American system of law, each party their own legal fees. In 1987, the Ohio Supreme Court issued an opinion that allows community associations to assess back legal fees incurred during a rule enforcement matter to the defaulting owner, so long as the language is in the governing documents. While the language is in all the association documents which were present, the requisite language is NOT in your documents. State laws provide the Association with a basis for demanding recovery fees from owners, but adding the provisions to the governing documents significantly increases the likelihood the Association will receive reimbursement of the fees and expenses.

 

Cost of enforcement would permit the assessing back all costs of enforcing the governing documents or rules to the violating owner. The other owners, who abide by the rules should not have to cover the additional costs related to enforcement. More importantly, this provision acts as a strong deterrent to owners who may violate rules.

This amendment prevents our Association from paying a complaint's attorney fees when involved in a legal dispute with a resident.

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Annual Meeting Date. Your governing documents mandate that the annual meeting be held on "the third Thursday in September". I recommend that the Association amend the Bylaws to permit holding the meeting anytime in the month of September or another time frame, such as the "third quarter of the year, as the Board might prefer, to provide more reasonable flexibility in scheduling the annual meeting.

Our current by-laws force us to have our annual meeting on a certain date and month. This amendment simply allows us more flexibility which, in turn, may allow us to change our fiscal year date, which I would like to do.

Electronic Notice. Voting and Meeting. This amendment authorizes the Association to send Association notices electronically to those who opt in to receive notices electronically. It also permits voting for Board members and other matters outside the meeting by mail-in or electronic ballot and gives the Association the ability to hold both virtual and in person owner meetings.

This amendment allows us to officially do what we have started doing anyway and that is to send our newsletters to those who request this.

Board Qualifications We recommend an amendment that requires Board members to be in "good standing," or to be current with their payment of any fees or assessments, to be eligible to serve as a director. Good standing means not being more than 60 days (can reduce or increase the number of days) delinquent. Additionally, we recommend Board members be removed from the Board for various reasons including being in litigation with or against the Association or any Board member or having a felony conviction within the last 10 years (can decrease or increase number of years).

Staggered Board Terms. Your Bylaws (Article II, Section 2, page 5) state that the term of office for all board members "shall hold office until the next organizational, “which means one year. The other community associations we represent provide for either a two- or three- year staggered term. The staggering of terms avoids the total turnover of the Board in one year and allows for a degree of continuity and experience on the Board. I recommend you amend your Bylaws to provide for three-year terms with two Board members being elected in one year, two Board members being elected in the next year, and one Board member in the third year, with this staggered rotation then continuing thereafter.

I laughed at these last two amendments because we cannot even find enough people to serve on our board anyway BUT since this whole package comes with one price to create, what the heck, we'll include it.

Once again, these amendments to our existing by-laws are very important to our Association and you will be hearing (and seeing) these again once our attorney finishes their work. This will require at least 75% approval by our residents before it can be added to our by-laws. I hope that you will support us by voting YES.

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Villa Run Picnic

Our Villa Run picnic is being held at Elk’s club, September 18th. Some may recall that we tried to do this last year but ran out of time for proper planning but it is on for this year. We will have flyers coming out in a few months but be sure to mark your calendars now for this fun event.

 

A reminder to our pet owners:

Please remember to clean up your yards after your pets and remember that our lawn service reserves the right to NOT mow your yard if there are pet dropping present.

Along this same subject, we had a lively complaint session at our recent Board meeting about Paul Gamble and his crew. I ask everyone that instead of confronting Paul personally that you notify our Grounds person, Steve Dunham (937-207-8899) and he will convey your concerns/complaints to Paul. There are many reasons for this but most importantly, IF you complain to Paul directly, your Board has no knowledge thus we cannot act. By consolidating any concerns, we are able to see a pattern to correct but let’s face it, out of 251 homes, chances are that someone will have grass remaining on their sidewalk is pretty high.

Street work is coming soon:

I have seen our committee’s proposed areas for new cement and their aggressive and that is a good thing. I often hear from contractors and people who have moved in recently how well kept they think our streets are when compared to other areas they have looked at.

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Now for the negative:

Hopefully, we can view this more of a goal as opposed to a negative but performing annual property evaluations is a necessary evil for condo living. With that said, we are adopting a new strategy this year that will eliminate guessing or personal opinions.

This year, there will be two Board members evaluating each home and they must agree on each infraction before submitting it to the owner. IF you feel that we are wrong, you will still have your right to appeal to our entire Board. Also this year, as you can see from our attached form, you will be provided with ample time to make any repairs.

As I walk around, the main thing that I see is the conditions of driveways. While several look like they need to be replaced, we all realize that replacing a driveway is a capital expense. However, a simple power wash can (and will) do wonders in appearance. So, if you have not cleaned your driveway or sidewalk within the last 5 years, chances are you will be invited to do so this year.

Again, our goal is NOT to harass any resident but rather keep Villa Run’s appearance to a top standard which leads to increased property values for everyone.

New outdoors lights are available. We are making available new pole lights for anyone interested in upgrading your outdoor light. You can see what these lights look like by driving by 1035 Armsgate rd. We know that many of our lights have faded glass that just cannot be cleaned so this is your chance to get a “new look.”

To get one, simply notify your area manager and if you do not currently have a manager, just notify any Board member and we will order you one.

It was decided at our recent Board meeting to reimburse those people who have recently had drainage work done at their house. If you choose to have the Association reimburse you, please contact our Treasurer, Phil Hacker (740-281-9984) to make arrangements.

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The Secretary’s Corner

We informed everyone after the last meeting that we would no longer be distributing a Resident Roster due to Privacy Rights but after some investigating it was determined that we can publish and distribute a Resident Roster of those that elect to be published in the roster. With that being said, if you DO NOT want your name and contact information listed in the Roster I will need that request in writing. This request can be emailed to barb.carpenter00@gmail.com or put in my box outside my garage. All requests to be removed from the roster must be received no later than July 20, 2024.

-Barb Carpenter

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The Treasurer’s Corner

The Street Committee made up of Phil Hacker, Jill Melfi, Dave, and Jim Groeber walked the streets to determine what repairs should be completed this fiscal year ending September 30. Four contractors were sent bid requests: Ed Shell, Frazier and Brooks, Sterling Concrete, and Jason Castle. Two bids were received as of June 10.

 

The submitted bids range from $36K to $43K. However, there are clarifications needed on each bid. Once those questions are answered, the bids will be compared for "apples to apples" compilation.

 

This year's budget for street repairs is $40,000.

It is expected that during the month of July, street repairs will be completed. Should the weather be a factor, repairs may extend into August. The list of street repairs to be completed is attached. If you have any others that need added to the list, please contact Phil Hacker.

 

-Phil Hacker​

 

The Area Manager’s Corner

As mentioned in the Presidents Corner, we will be using a New Property Evaluation form. Evaluations will be completed during 6/24/24-6/30/24. If you have any questions or have scheduled work to be completed at a later date, please contact Peggy Dinges at (812) 325-5253.

-Peggy Dinges

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