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Covenants & Deed Restrictions
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Bylaws
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LANDSCAPE INFORMATION!!!URGENT!!! !!!PLEASE READ!!!
YOUR HOMEOWNERS ASSOCIATION IS GOING TO REMOVE YOUR LANDSCAPING
WITHOUT YOUR CONSENT!!!!
HAVE YOU NOTICED… some of your trees on your property have been marked with red or yellow spray paint?
The purpose of this is “suggested” REMOVAL of any tree or shrub tagged with red paint! Yellow is “suggested” trim.
The HOA is ‘stating’ that some of your trees and shrubs are inappropriate for the size lot we live on and may cause damage to your home and possibly the street in the future and are going to remove them to avoid future damage to the public streets & sewers…
It is not A DECISION the HOA or the board CAN MAKE…
They are attempting to dictate how we should live or what kind of landscaping we can have on our property!
(Please refer to the covenants for complete details)
WE OWN the HOME and the PROPERTY AND THE LANDSCAPING growing on OUR PROPERTY. WE ARE THE RESPONSIBILE PARTIES TO THE LANDSCAPING AND WE should be the decision makers about any removal
I was told by the “Project Manager” of Carol Richert and Associates, that I do not have any rights to the Landscaping in the front of my home, it is “community property” and they can remove the tree if the desire. The homeowners association is under the impression they have the right to remove any tree or shrub on “public” thoroughfare……even if it is on your land….
Without consideration OR CONSENT from the homeowners.
THEY DO NOT HAVE THE RIGHT TO REMOVE ANYTHING ON YOUR PROPERTY WITHOUT YOUR EXCLUSIVE CONSENT.
IF YOUR TREES ARE TAGGED --- YOU MUST SPEAK UP TODAY!!!!
I HAVE CONTACTED AN ATTORNEY TO OBTAIN AN INJUNCTION TO STOP THE REMOVAL OF MY 14 FOOT PINE TREE…
IF YOU WANT TO STOP THE REMOVAL OF YOUR TREE ….
CONTACT ME (Fran Bloom at 294 7889), WE MAY BE ABLE TO FORM A CLASS ACTION AGAINST THE HOA.
I have my own thoughts on HOA’s – some good, some bad – but let us all understand we as homeowners pay the HOA to maintain our small community. This includes but is not limited to maintenance of the public landscape such as the parks, and trees on the roadside and the cluster home area.
There are other duties as well however, the objective is to maintain a safe pleasant community for us all to enjoy.
Please get involved – call the HOA at 323 7600 to voice your concerns –
it is YOUR HOME, YOUR PROPERTY, YOUR LANDSCAPING! The HOA is paid by us with our monthly dues to work for us!
GET INVOLVED IN THE MEETINGS – CONTACT YOUR BOARD MEMBERS!
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Parking!!! Please Read!!Upon reviewing the March newsletter for the Tramway Highpoint community I must take time to point out some issues.
1. Visitor Parking Spaces: Section 1.23
a. The terms “Visitor Parking Spaces” shall mean the 145 parking spaces shown on the Site Plan located upon the Common Area of t he Subdivision and constructed and/or striped with the initial construction of the subdivision. This means all parking spaces in the Subdivision are deemed Visitor Spaces. You can not randomly choose 4 spaces and post (with signage or paint) “No overnight parking between 12:00 am and 6:00 am. The signage was not there upon completion of the Subdivision. If changes are made to one space, they must apply to all Visitor Parking Spaces. If you post on 1 or more spaces you must post on all spaces.
2. Visitor Parking Spaces/Owner Parking: Section 3.03
a. No Owner may maintain more vehicles within the Subdivision then can be accommodated within the Owner’s garage, and all of the Owners’ vehicles must be parked within their garages when in the Subdivision except as provided in subpart “e” of this Section. No Owner may park his vehicles within the Visitor Parking Spaces. This means if you tow from one Visitor Parking Space you must tow from all Visitor Parking Spaces.
b. Visitor Parking Spaces are only for visitors to the Subdivision. No Owner may have a visitor which uses a Visitor parking Space for a consecutive period longer than thirty (30) days or for in excess of sixty (60) days in any calendar year. Who will document how many days any visitor vehicle is parked in the Visitor Parking Spaces regardless if it is consecutive or a total of the 60 days in any one calendar year? As well, how will you prove the vehicle has been there for the allotted time – photos, time and date stamped?
c. Vehicles parking in the Visitor Parking Spaces in violation of these provisions may be towed by the Association at the expense of the owner of the vehicle. How will you prove the violation? “May be towed”, either you tow all or none, you may not randomly select if, when, who. All 145 spaces as stated in Section 1.23 are in fact Visitor Spaces and are subject to the same rules. This could easily be considered a form of discrimination or harassment.
d. Upon issuance of a temporary permit by the Association, an Owner may have one vehicle in excess of the capacity of his garage for up to thirty (30) days, which vehicle may be parked in a Visitor Parking Space. How many times per year is this allowed? Is it per car or per Owner?
e. Owners of Lots located within The Highpoint may park vehicles on the streets in front of their Lots, provided that such parking does not interfere with the free and proper flow of traffic upon those streets, and provided that no vehicle is parked for a consecutive period of thirty (30) days or more. No where does it state Owners of Lots located within The Trails may not park vehicles on the street in front of their Lots or in their driveway.
3. Parking Areas, Vehicles, Section 7.03:
a. Each Owner within the Trails shall park his vehicles in his garage, No owner may maintain more vehicles with the Trails that will fit within that Owner’s garage. The guidelines are clear –therefore if you enforce for one homeowner you must enforce for all homeowners.
You stated in the March newsletter; “Be advised that the Board has advised Greg’s towing to patrol our area weekly and at random for illegally parked vehicles in our Community”. I spoke with Greg today, March 30, 2010, first, never have they “patrolled”, nor was he aware that he was suppose to “patrol”. New Mexico State Law states you must be an “authorized agent” granting authority to have vehicle towed. He also stated if he was required to patrol he need to the proper paperwork to make him an authorized agent. Second, Greg further stated the only time he will tow a vehicle is when he receives a phone call from an associate of Carol Rickert’s, which is usually Jody or if he receives a phone call from Terry Abrahamson who is in fact an authorized agent and handles parking enforcement for multiple communities which Carol Rickert’s office manages. You also have a statement on Page 4 of the March Newsletter “Towing will include people who park up on the sidewalks or blocking sidewalks completely”. The homes within The Trails do not have sidewalks, so therefore we would not be blocking sidewalks when parked in our driveway.
I believe a correction in the next newsletter is appropriate indicating it is not Greg’s Towing that will randomly tow illegally parked cars based on their “patrolling”, it is in fact a call that is generated by an “authorized agent” of the HOA/Carol Rickert’s management company which includes the “parking enforcement” of Terry Abrahamson.
I anxiously await your response to my notes in red on the covenants for Tramway Highpoint.
Regards
PLEASE CONTACT THE HOA - BOARD WE NEED RESOLUTION TO THE PARKING ISSUES -
C C & R's - Gray AreasSent: Thursday, May 27, 2010 2:05 PM
To: 'president@tramwayhoa.com'
Cc: 'board@tramwayhighpoint.info'; 'Jody Willoughby'; Carol Rickert-Asbury; 'fjmonteslaw@yahoo.com'; 'nyfronz@comcast.net'; 'Foy, Linda M'; 'Bloom, David W'
Subject: Contact
Shane,
This letter is an open letter to you, the entire “Board” at Tramway Highpoint, Jody Willoughby, and Carol Rickert-Asbury and the Community at Tramway Highpoint.
I have left you several messages on your voice mail at your office; asking and I quote “for some dialogue”. I have not received a return call from any of the numerous messages I have left. I know this is your business phone, and I am not expecting you to phone me during your working hours; however, I am and should expect a call back. I have sent you several emails, in which you finally responded weeks later, but no additional dialogue or correspondence since your one time response.
I call or email the Management Company to inquire; voice concerns or try to get general information and the response is “we are only doing what “The Board” tells us to do”. When I send emails to “The Board” I get no response and when there is a response it comes from the Management Company! When I leave you messages, you never phone back. It is as though the Management Company is trying to push things off on “The Board”, and “The Board” is obviously pushing things off on the Management Company, Hiding behind the Management Company or visa versa is not the answer, it is unprofessional and clearly indicates you as well as the Management Company know full well the items on which you are being challenged, need to be in question.
I travel nearly 48 weeks out of every year and it is nearly impossible to attend board meetings, you along with the Management Company are aware of this, as I have stated it in numerous emails. You would think the “President” of the HOA would at least take the time to respond knowing full well a resident can not attend the meetings because of a conflict in scheduling. All I ask is conversation to address some of the numerous gray areas within the C C & R’s. I am sure I am not the only homeowner with frustrations.
I can not imagine running a business the way you, and I say you because you are the “President” of the Tramway Highpoint Homeowners Association and the Management Company in which our lustrous board has chosen to represent our community. Your lack of urgency, concern, professionalism and follow-through leave little to be desired.
I am hoping this email correspondence generates some thought and maybe a personal response from you. I, along with other residents in the community certainly would appreciate you and “The Board” addressing some of the issues from previous emails.
I hope to hear from you soon.
Regards,
Fran Scott
Cell: 505-681-6015
Home: 505-294-7889
