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Frequently Asked Questions
FAQ’s

SUBMITTED QUESTIONS

  

1.)  Was there an easement assessed by the BCEO or TID for the West frontage of The Lakes?  And if so was there a monetary value that was exchanged?  I was given information that Dixon donated that land and I am unsure how Dixon can donate land that belongs to our HOA.

 A.  Currently, the Aspen Trails, LLC (the Dixon’s) own all the property.  Mr. Dan Utt is still in the process of transferring all the property over to the HOA.  The plat plan of Aspen Trails shows an existing easement that runs all the way up to our black fence.  There is also a utility easement that runs beyond the fence.  We are not aware of any land being donated by the Dixon’s.
 

2.)  My assumption from reading minutes from previous meetings there seems to be some homeowners that have been financially unable to pay their HOA dues.  What, if any, steps are in place to cover those additional costs for the next fiscal year?  Will there be cuts made to the budget or will other paying residents have to pick up the burden and be subject to another increase for 2009?

 A.  If homeowners don’t pay their HOA fees on time, they are subject to a late fee of $25.00 per month.  The next step is to file a lien on the property.  Liens currently cost $326.00 to file.  The homeowner is responsible for the lien cost also.  If the homeowner does not respond to the lien, the HOA has the right to foreclose on the property.  The homeowner is also responsible to all foreclosure fees.  While it is possible that we will have to make cuts in the budget or increase HOA fees, we feel that the only way to control these costs is to follow through with the outlined procedures.  This way homeowners that refuse to pay their fees will be replaced by homeowners that will pay their fees.
 

3.)  I have done some minor research on the cost of foreclosing on a home for delinquent HOA dues and in my opinion it did not seem cost efficient to pursue a foreclosure for a $600.00 HOA due plus late fees.  I also found that if a home is already in foreclosure once the banks retrieve their funds that more than likely there is nothing left for associations to collect what is theirs.  Is that something that has been researched by the board and what was the outcome?  Does the board plan to spend the funds to start foreclosures or has it not been found feasible?

 A.  If it is necessary, the Board will start the foreclosure process.  It is necessary to let all homeowners know that there are consequences for not paying their HOA fees.  If we don’t have consequences, then more homeowners will skip paying their HOA fees.  While it can be expensive to foreclose on a home, those fees are passed on to the homeowner.  It has been our experience so far, that the banks pay the HOA fees on the foreclosed properties.  It is a slow and tedious process, but we have been successful at getting the fees paid.  Of course, there is always some risk that we will not recover our costs.
 

4.)  Can we discuss signage within the communities for “slow children at play”, “No soliciting” and “Fishing catch/release residents only”?

 A.  We are currently in the process of getting “No Solicitation” and “Slow Children at Play” signs.  We have not pursued the “Fishing” signs because currently our by-laws state that “All lakes, ponds and streams within the Property shall be aesthetic amenities only and no other use thereof, including without limitation, swimming, boating, playing, or use of personal floatation devises shall be permitted except in accordance with rules and regulations established by the Declarant or the Association.”  The by-laws will have to be amended to allow for fishing before signs could be put up.
 

5.)  Have there been any further discussions regarding adding lights to pond #5 or the walking paths?

 A.  Currently, there is nothing in the 2008 Budget.  We will look into this when the 2009 Budget is established.
 

6.)  Sprinklers haven’t been on?  Is this because of rain sensors?  Will they be on now that it is dry?

 A.  The irrigation system is active, but it has been turned off to conserve water.  We have had a very wet spring and early summer, so it wasn’t necessary to irrigate the plants also.  We will be looking at turning the sprinklers on now that it has been drier.
 

7.)  Who is paying homeowners fee for empty lots?

 A.  The builders pay HOA fees for all empty lots.  As soon as a house is closed on, then it becomes the responsibility of the new homeowner.
 

8.)  What will happen to property taxes if cheap homes go into our neighborhood?  Will our taxes go down as the value of our homes is reduced?

 A.  According to the Butler County Auditor’s office, property taxes are based on the previous three years worth of home values.  The 2008 taxes will be based on the value of the homes from 2005, 2006, and 2007.  The auditor’s office looks at square footage, building material type, plumbing fixtures, garage space, and etc. of the home.  They also look at a market study of the sales of homes in the neighborhood.  All of this is taken into consideration when valuating the home.  They said that since all the homes in the neighborhood have square footage requirements, setback requirements, roofing requirements, foundation requirements, and exterior building materials requirements, that the Auditor’s office would consider the house construction to be a similar grade level.  The 2008 valuation will be sent out soon.  If a homeowner objects to the valuation, there will be several Town Hall meetings where the homeowner can petition to have their valuation changed.
 
 

9.)  Fishing in the lake continues to be a problem.  7/20 – 4 men in 20’s & 30’s show up at 8:30 p.m. in older black pathfinder.  Fished for 20 minutes, the left – Suspicious?  Need sign posted – “Private Lake Fishing for Residents only”. The traffic of “fishermen” is a safety concern.

 A. Resident only fishing signs can be posted once the by-laws are changed to allow fishing.  
 

10.)  #1 priority/urgency – Ryan homes entering the Villa area with homes beginning in the 140’s.  Is a representative from Ryan Homes going to be available for questions?

 A.  Unfortunately, Ryan Homes will not be attending the meeting.  They have asked the Board to submit everyone’s questions to them.  They will respond to all questions.
 

11.)  Could we address dangers of small children being allowed to play near pond without supervision?

 A.  We agree that this is a general problem in the neighborhood.  Parents are not actively watching their children around the ponds.  We are open to any suggestions about how to better control these situations.

 Q.) Is the 2008 budget balanced or in a deficit?
 

A.) Our 2008 budget is balanced and we are not operating in a deficit. The new HOA fee covers the 2008 budget. 

 Q.) Is anything being done to control the Geese population in the neighborhood?
 

A.) With our new lake management company, they are providing geese deterrent devices to get rid of the geese in the neighborhood. 

 Q.) Do I have to submit a design review sheet for all outside projects?
 

A.) We will be adding a page with approved items for outside so that you don’t have to submit all changes.  If you aren’t sure after reading the bylaws we suggest you submit a design review application.  This is for your protection. 

 

Q.)    Why did our rates go up so much in 2008?

 

A.)    Rates went up so much because we were under funded in 2007 and 2006. The former Board (before it was turned over to the homeowners) ran a deficit for a couple of years which reduced our surplus.  Rates should have gone up in 2006 and 2007. The HOA rates have not increased since 2005.  The HOA had to incur additional costs in 2007.  The HOA had to pick up the costs of areas that Beazer was no longer maintaining for 2008.  We have a balanced budget for 2008.

 

Q.)    What are we doing to cut and control costs?

 

A.)    We have several things in the works that will cut costs and save us money.

 

    1.)    We have a contract with a new landscaping company that gave us a competitive bid.  We have a     

landscaping committee that will monitor the new landscaper's work.  Having a dedicated landscaping committee to oversee the landscaping will drastically improve the quality of the work.

 

    2.)     We have a new lake management company.  We were able to negotiate a contract that includes lake maintenance, fountain cleaning, fountain removal, and geese deterrents.  It is important to remove the fountains in the winter to prevent damage and to allow for maintenance.   

 

    3.)     We have a new irrigation company.  We were able to negotiate a better contract that will allow our

maintenance committee to make adjustments and minor repairs.  This contract includes wireless rain gauges to help reduce our water costs.

 

    4.)    We are considering turning all the fountains and fountain lights off at night between 12:00 a.m. and 6:00 a.m.

 

     5.)    We are also going to petition the Butler County Auditor to reduce and/or remove property taxes from the common areas. 

 

Q.)    Who do we contact if we see burnt out lights, no grass cutting, irrigation problems, etc.?

 

A.)    You should go to the website to find the appropriate committee head and email the committee head.

 

Q.)    Who is responsible for repairing the potholes and cracked curbs?

 

A.)    The developer, Dixon Brothers, is responsible.  They will have to make all repairs to bring the streets up to code.  The Butler County Engineer's office will mark out the areas that need to be repaired and they will inspect the repairs after they are made.  Once this has been completed and all the roads have been final paved with asphalt, the roads will then become dedicated as public roads.  Liberty Township will then be responsible for all repairs paving, and snow removal.

 

Q.)     What is happening with Beazer?  What can we do about the homes that are being built and sold at prices that are affecting our property values?
 

 A.) Beazer is leaving the Cincinnati / Dayton market.  They have one home still under construction.  They have taken down the majority of their signs along the road and once the final home is sold, will take down the remaining signs. It is unfortunate that property values have decreased with the market and builders are forced to reduce the price of their homes to move them.  We can only enforce the minimum standards that the builder must meet according to our bylaws.

 Q.)    What is happening with the lighting district petition?  What if we have changed our minds and do not want to be on the petition?
 

A.) We have received information that contradicts early information.  For this reason, we are researching this idea a little more.  We want to make sure we understand what that might do to our property values and how we can offset increases with a reduction in HOA fees.  For this reason, any petition that was signed at our annual HOA meeting will be disregarded and everyone will have a chance to approve or disapprove a new petition.