Livingston Trace Subdivision

It looks like what was stated at the Townhall Meeting is incorrect.  Eric Whitten has posted that the HOA may be able to levy fines against homeowners for violations of the subdivision restrictions.  I’ve read the text and it seems like he is correct.

Here is the wording in the bylaws that allows for this:

7.1. NOTICE AND HEARING. Before taking any of the below described actions, the association must give written notice and an opportunity for a hearing according to the requirements of this Article and the notice and hearing requirements of applicable law. The following actions by or with the approval of the Board, the Association, or the Architectural Reviewer, require notice and hearing as provided by this Article:

a. Suspension of use of a common area.
b. Imposition of a fine for violation of any provision of the Community Documents, other than fines, Interest, or collection fees charged for delinquent accounts.
c. Charging an Owner or a Lot for property damage.
d. Filing suit against an Owner other than a suit related to the collection of assessments or foreclosure of the Association’s assessment lien.

7.2. HEARING

7.2.1. Request for Hearing. To request a hearing, an Owner must submit a written request within 30 days after receiving the Association’s written notice. Within ten days after receiving the Owner’s request for a hearing, and at least ten days before the hearing date, the Association will give the Owner notice of the date, time, and place of the hearing. If the Association or the Owner requests a postponement of the hearing, the hearing will be postponed for up to ten days. Additional postponements may be granted by agreement of the parties.

7.2.2. Hearing. The hearing may be held in an executive session of the Board. At the hearing, the Board will consider the facts and circumstances  surrounding the violation. The owner may attend the hearing in person, or may be represented by another person or written communication.

7.3. IMPOSITION OF FINE. Within 30 days after levying the fine or authorizing the abatement, the Board must give the Owner notice of the levied fine or abatement action. If the fine or action is announced at the hearing at which the Owner is actually present, the notice requirement will be satisfied. Otherwise, the notice must be in writing.

7.3.1. Amount. The Board may set fine amounts on a case by case basis, provided the fine is reasonable in light of the nature, frequency, and effects of the violation. The Board may establish schedule of fines fur certain types of violations. The amount and cumulative total of a fine must be reasonable in comparison to the violation. If the Board allows fines to accumulate, it may establish a maximum amount for a particular fine, at which point the total fine will be capped.

7.3.2. Type of Fine. If the violation is ongoing or continuous, the fine may be levied on a periodic basis (such as daily, weekly, or monthly). If the violation is not ongoing, but is instead sporadic or periodic , the fine may be levied on a per occurrence basis.

7.3.3. Other Fine-Related. The Association is not entitled to collect a fine from an Owner to whom it has not given notice and an opportunity to be heard. The Association may not charge interest on unpaid fines. The Association may not foreclose its assessment lien on a debt consisting solely of fincs. The Board may adopt a collection policy that applies Owners’ payments to unpaid fines before retiring other types of assessments.

7.4. REIMBURSEMENT OF EXPENSES AND LEGAL FEES, In addition to any other rights set forth in the Community Documents for violation of a provision of the Community Documents, the Board may levy and collcct individual assessments for reimiJursement of reasonable fees and expenses, including
without limitation legal fees, incurred by the Association to enforce the Community Documents, including the collection of delinquent assessments.

Please forgive any poor formatting or spelling in that text.  I had to run character recognition on the original document because it was scanned as an image.

Some people were confused about this site during the Townhall Meeting, so I thought I’d clarify a few things.

• This site is in no way affiliated with the Livingston Trace HOA. This site was created to allow homeowners to communicate with one another.
• I pay for the expenses of this site completely out of my pocket.  As a way to justify the expense, I have a small text link to my business website.
• To date, I have spent approximately $150 on this project.  I have not and will not ask for monetary donations or reimbursement, nor will I accept any unsolicited donations.
• This is not the place for you to report violations.  Please report any violations at RealManage.com.
• Although the directors of the HOA may post comments here from time to time, they are not under any obligation to do so.

The purpose of this site is simple.  I wanted to create an unbiased neighborhood portal for information to be traded.  I post my notes and ideas on the front page for people to read and comment on, but anyone is free to post in the forum.  All I ask if that people keep things clean in the forum, as young people may be reading and/or participating.

Also, I’d love for more homeowners to become authors on the front page.  If you’re interested, please contact me at nick@batonrougepc.com.

Attending Directors

• Andre Sylvester – President
• Monica Minton – Vice President
• Eric Whitten – Secretary/Treasurer

Agenda

• Landscaper
• Management Company
• Mo-Dad Smell
• Welcoming and Social Committe
• Open Questions

Issues Addressed

• Landscaper
  • Andre tells us that the association has obtained some bids from a few landscaping companies.  One is as low as $22,000 and includes maintaining more areas than our current contract.
  • Homeowners still express concern over the high cost, but the HOA feels that the cost will not be able to be much lower than what the new bids are.
• Management Company
  • The HOA feels positive that RealManage is providing us good value for our money.
  • Quotes were obtained that were higher than what we’re currently paying, so no plans are in place to move to a different company.
  • Monica spoke with the HOA in South Point subdivision, who has taken management responsibilities on themselves.  She feels that while we could do it, we would have to have a decent sized group of very dedicated people to handle it properly.  (Monica, correct me if I’m wrong here.  That’s the impression that I got from you.)
• Mo-Dad Smell
  • Mo-Dad has asked that we report alarm lights immediately.
  • Mo-Dad has also asked that we only dispose of appropriate things in the sewer system.  Grease, baby wipes, rags, and other non-degradable items are preventing the system from functioning normally.
• Subdivision Information
  • People seem to feel that we’re definitely making progress on collecting unpaid homeowner dues.  There has been a significant drop in the total amount owed since the last townhall meeting.
  • No resolution on the fountain lights was reached.  Homeowners, myself included, are insistent that the lights definitely exist(ed).
• October Meeting
  • We will be adding two new board members.
  • The HOA would like to clarify the wording on the length of terms for directors.
• Other Topics
  • It was suggested that the HOA should suggest to homeowners that they can pay their dues to RealManage monthly or any other interval, if they desire.
  • Most, if not all, of the homeowners in attendance were very concerned about the possibility of a special assessment.  The general consensus is that this is not fair to the responsible homeowners who have paid their dues on time.
  • Once again, Andre reminds us to report any criminal activity to the Livingston Parish Sheriff’s Office.

Please post comments on anything that I have (probably) forgotten.  I forgot my notepad, so I’m working from memory on this one.

I found this on the RealManage site.  I’m assuming it’s accurate this time, but who knows?

Updated Budget (PDF)

Monica, the HOA Vice President, has informed me that we have an upcoming townhall meeting. The next townhall meeting will be held July 24th from 10:00-12:00 at the Denham Springs Library.

Edit:  Here’s the agenda that was passed out:

1. Landscaper
   • Progress of finding a new landscaper.
2. Management Company
3. Mo-Dad Smell
   • The company has asked us to let you know to dispose of grease and cleaning wipes in the trash rather than the sewer. We are to report alarm lights immediately. This will greatly improve the sewerage flow and treatment, making less odor.
4. Welcoming and Social Committee
   • Setting a date for the fall Neighborhood Yard Sale.
   • Establish rules for the yard of the season.
5. Open Question Time

Subdivision Information:

• Our subdivision still owes $24,235 in dues as of July 6, 2010.
• If these are not collected all homeowners will have to pay a special assessment.
• A lien will be files on your home if you have no paid your dues, adding around $500 to your bill.

Lights on the fountains:

• None were seen on inspection and there are no records in the database for payment to vendors or invoices for lights.

Trash Removal:

• We were told that all construction debris has been removed.

October Meeting:

• We will be voting on the following items.
  • Add two officers to the HOA board.
  • Change the wording on the length of terms.
  • Add to our bylaws that if a car is blocking a driveway the homeowner may have it towed.

I don’t know how accurate this is, but it’s available on the RealManage site.

2010 HOA Budget – PDF

EDIT: According to the Vice President of the HOA, this budget is inaccurate. She is working to provide me/us with an updated copy, which I will post as soon as I receive. Thanks, Monica.

My neighbor, myself, and our boys went to the back lake to hit some golf balls this afternoon.  After we were done, we went for a walk around the lake.  I couldn’t help but take a picture of this…

The blue sign is gone!  My neighbor was coming home last night and saw someone pull it out of the ground and haul it away.

Looks like roses and border grass have been planted up front. Maybe these will last longer than the other plants.

Looks like quite a few people are noticing the sign that I hung!  Glad the response seems to be good.

Does anyone have any interest in a “best yard” contest?  I’d be happy to sponsor the contest and have my business foot the bill.  I’ll have to draft rules and submission procedures, etc…  I’d have a nice yard sign created to award the winner for bragging rights.