Rules should be created and enforced reasonably, fairly, and consistently.
Landscaping/Lawn Care Contract: Full Price - Fewer Services
2017 - No aeration performed in the Fall
2018 & 2019 Services removed yet no reduction in pricing.
2018 & 2019 Services removed yet no reduction in pricing.
- Lawn Care Program portion of landscaping contract: Aerate turf service included in 2017 contract.
- Service never provided.
- Latest excuse from the board: They did not thoroughly read the contract. Their exact words: "It is correct that the verbiage including these items was included in the formal contract and that it was overlooked by both parties when it was signed."
2018 & 2019 Services removed yet no reduction in pricing.
2018 & 2019 Services removed yet no reduction in pricing.
2018 & 2019 Services removed yet no reduction in pricing.
Lawn Care Program portion of contract for 2018 & 2019
Same cost to us as 2017 yet two services are eliminated:
- Aerate turf areas in Fall
- One lime application will be applied in Fall
Landscaping contract renewed for two years.
Landscaping contract renewed for two years.
Landscaping contract renewed for two years.
At the "Special Board Meeting" board members never indicated that there would be a reduction in landscaping services nor did they inform homeowners about the elimination of services.
The board members voted to renew the contract for two years.
("Brush Hog Hillsides" was mentioned pertaining to a few select areas in the community. These are in the 2018-2019 contract as "Additional Services" with an additional Per Service charge.)
To view the landscaping contracts:
Landscaping contract renewed for two years.
Landscaping contract renewed for two years.
The Board has removed electronic access (via the Message Board) to the contracts.
Contact the Advocacy group through this website if you wish to view the contracts.
Landscaping 2019: THE HOA BOARD IS BETTING YOUR MONEY ON IT.
Lack of Action
In the past 2 years (2017 & 2018) we spent over $300,000 for consistently poor landscaping services and took no action. We are now paying to repair and remediate the damage and neglect by the previous landscaping company which should have been addressed much sooner by the Board.
[Source(s): 2017 HOA Budget and 2018 HOA Budget]
Poor Business Judgement
Despite the disappointing service, in February 2018, the Board decided to “extend” the inadequate landscaping company’s contract for two more years.
[Source: Special Meeting of the Board of Directors, February 10, 2018]
Too Little, Too Late
After two springs and two summers of lousy service and complaints from homeowners, the Board decided to finally address the costly and unsatisfactory landscaping service. Because of the Board's lack of action, we continue to have poor lawn and soil conditions and the need for expensive turf restoration.
[Source(s): Board of Directors Meeting Minutes, September 20, 2018; Board Briefs, October 16, 2018; 2019 HOA Budget]
Homeowners Paying the Price $$$
So now, we are paying a “new” landscaping company over $208,000 to address the last 2 years of bad service and neglect. Homeowners face higher landscaping costs which include attempts to remediate poor conditions due to the lack of performance and neglect of the 2017 & 2018 landscaping company.
[Source: 2019 Budget; Landscaping Company Service Agreement/Contract January 12, 2019]
"Deja Vu All Over Again".....
The “new” company is actually the same company we were using in 2016. But wait...when three of our current board members were elected in 2017 they decided to not use this company. They were not happy with the company's performance. Now, we have rehired that company.
[Source(s): Board of DIrectors Meeting Minutes 2/7/2017; 3/8/2017; 4/10/2017
Special Meeting of the Board of Directors January 12, 2019;
Landscaping Company Service Agreement/Contract January 12, 2019]
Summary: $208,000; Increase of $65,000 for 2019; $22,887/month
So, we paid over $300,000 to an inadequate landscaping company for 2 years only to fire them and “rehire” a company the Board did not want in 2017. We are paying that company at least $208,000 per year; a $65,000 increase for landscaping in 2019. We can hope this "new" landscaping company will perform better. THE HOA BOARD IS BETTING YOUR MONEY ON IT.
[Source(s): See Above]
Landscaping Costs
2019 landscaping contracts total $225,060.18
As of August, 2019 we have spent $116,421.04 on landscaping services for this spring/summer.
For just the month of August, 2019, we paid the primary landscaping company $46,328.93 (that is $23,442,26 over the contracted monthly payment). And we still owe another 4 months of payments. That will be an additional $91,546.68 of HOA money paid to the "primary" landscaping company.
Source(s): August 2019 HOA Financial Statements
Landscaping Vendor Contracts
2018: $151,012.26/yr for landscaping; $16,779.14/month
Why are we paying so much for months of poor service and performance?
Source: Board Briefs, October 16, 2018
"The condition of the turf/grass throughout the community remains a concern. We had planned to aerate the turf areas this fall. However, we now understand that aerating without simultaneous over seeding would not accomplish the results we wanted. The costs of over seeding – significant amounts of quality seed and the required labor – were beyond the funding available in the current budget."
Source: Grounds & Safety Committee, September 7, 2018 Meeting Minutes:
"Assessment of [landscaping company]: The committee members expressed concerns about performance of [landscaping company] – quality and effectiveness of weed and crabgrass control was poor, grass cutting taking place while yards very wet. This results in creation of ruts and damage to the turf. Mowing crew drives too fast when cutting. Trimming around trees seems to be better."
Source: Property Reports
Street numbers have been removed (---).
OCTOBER 2018
--- Patriot - reported landscapers are trimming too closely to the ground around trees. - compliant (sic) forwarded to MMC.
--- Freedom - reported large brown areas in lawn and bushes require trimming.
--- Independence - inquired about replacement landscaping
AUGUST 2018
Common Areas-Identified areas of concern and addressed with contractor: mowing techniques, abundance of weeds and crabgrass, speed of mowing, creation of ruts, damage to siding.
---Independence - remove the weeds around pine trees.
---Presidents - landscaping concerns (no detail in Property Report)
---Freedom – landscaping concerns (no detail in Property Report)
---American – landscape concerns (no detail in Property Report)
---Freedom – landscape concerns (no detail in Property Report)
---Freedom – landscape concerns (no detail in Property Report)
---American - landscape issue (no detail in Property Report)
---Victory - landscape issue (no detail in Property Report)
JULY 2018
Advised MMC the bushes behind the grill area are coming through the fence...
--- Freedom - messaged MMC regarding the damaged Dogwood tree.
--- Presidents reported damaged siding. Reported to MMC.
--- Presidents reported weeds in front yard, contacted MMC.
--- Presidents requested the overspray of chemical be removed from his siding.
--- Freedom reported stained siding.
--- Liberty - Jim and I spoke with owner regarding dirty siding.
--- American Way reported the arborvitae was dead.
--- Old Glory reported dirty siding.
--- Independence mulch is washing down off the slope, sent pictures to Jim at MMC.
--- Independence emailed regarding the grading, grass is not growing and two dead bushes.
--- Freedom requested their Dogwood Tree be trimmed.
--- American requested their Dogwood Tree be trimmed.
JUNE 2018
...worker disposed of weeds over a hillside. MMC was directed that there be no disposal of weeds on the property.
... a list of identified and reported areas due to stains from the mulch which will require cleaning.
--- Liberty stained concrete and patio,
--- Freedom siding stained
--- Freedom mulching the island in the rear of the property behind Freedom.
--- Independence reported the landscapers missed mowing the unit’s grass as well as up to the second entrance for the second time.
--- Freedom spoke with MMC regarding issues with grass on the siding.
--- Liberty reported mulch on fence.
--- Freedom Additional issue of weeds in mulch bed.
--- Old Glory phoned regarding the weeds and mulching.
--- Liberty complaint of dead grass, took pics of ---, --- and --- as all had dead grasses in the utility beds and none were on the TOA log to be replaced.
--- Independence complaint of high grasses on hillside
--- Freedom patio stained from mulch
--- Liberty siding dirty from mulch
--- Liberty complained about the mulch stains; informed MMC.
--- Old Glory MMC missed mulching a small portion of the unit and will need to return and complete the project.
--- American complaint about lawn issues
--- Presidents reported weeds in front yard
--- Presidents - landscaping concerns
--- Freedom – landscaping concerns
Identified areas of concern and addressed with contractor – mowing techniques, abundance of weeds and crabgrass, speed of mowing, creation of ruts, damage to siding
Reminder: The Board signed a two-year contract (2018-2019) with this landscaping company.
- This is the HOA's largest Services contract. [2018 Budget]
- It is also the contract the Board Treasurer acknowledged he did not read thoroughly before signing. [Source: Candidate Presentations, March 17, 2018]
- Nine (9) months of service, April through December.
- HOA has committed to paying $295,242.00 for the 2-year contract. That's another year (2019) with this type of "service."
Residents' Association Claim
Issue: Failure to adequately maintain common ground*
October 2019: Claim was submitted by three residents because of neglected common element with 5-foot weeds, overgrowth, tick infestation, and allergen producing plants.
No clearing or maintenance was performed during the entire 2019 growing season.
Claim denied by the Board.
Homeowners did not give up!
They produced facts, governing documents, anecdotal evidence, and photos in answer to the Board’s denial of the claim.
The Board finally agreed the area should be maintained.
Resolution:
January 2020: The overgrown sloped area identified in the claim will be clear cut three times during the 2020 and subsequent growing seasons.
*Reference:
Definition from the Declaration (page 4): “Maintenance” means maintenance, preventive maintenance, repair and replacement and “Maintain” means maintain, repair and replace.
Article 3.3, Maintenance Responsibilities, in the Declaration (page 6) states “the Association shall be responsible for Maintenance of the Common Elements.”
Statement of Claim Settlement
"I thought living in this community I would have the garden work taken care of but with overgrown shrubs it makes our home look like it is uncared for. We had no cutting in the fall and now it’s June and no work is done."
(Resident-submitted photo)
"Why doesn’t our board work on hiring before the growing season starts?"
(Resident-submitted photo)
"After steady rains we are allowing heavy riding mowers to cut grass on soaked lawns where drains need to be installed. Are there going to be repairs? Should our HOA inform the service of this problem? It happens every time they cut after a rain."
(Resident-submitted photo)
Neglect of Common Elements
DECLARATION OF TRADITIONS OF AMERICA AT SEWICKLEY RIDGE
Article 3.3 Maintenance Responsibilities.
(a) ….the Association shall be responsible for Maintenance of the Common Elements and the costs of such Maintenance shall be borne by all Unit Owners.
"Clean-up" from mowing and trimming
"Curbs, sidewalks, patios, entryways and driveways will be blown clear of grass clippings after every cutting and trimming." --2019 Landscaping Contract
Mowing and Cutting including "Clean Up" costs us $83,991.79
Total Contract: $205,980.03
We've already paid $22,947.35 for April, 2019.
(Resident-submitted photographs. 1-2 days after mowing.)
Question and comment from a resident sent to the management company and the Board:
5/25/2019 "Is this your idea of a good landscaping contract? This is a holiday weekend and some of us do have people over. This isn’t what the contract says will be done."
Resident, Independence Way
homeowner questions & comments: neglect of limited & common elements
Resident comment and submitted photos - June 4, 2019:
"Is this the level of lawn care that we can expect this season? The grass was not cut last week. The grass behind my home grows quickly making it impossible to clean up after my pet. Today, the grass is 7-8 inches tall!
The grass from the last cutting was never collected. See pictures of the grass left on the lawn and a large weed in the flowerbed!"
Neglected landscaping throughout Spring and early Summer 2019. (Resident-submitted photo)
Not included in the recent Board Briefs document: a sense of responsibility and fiduciary duty to homeowners.
No landscaping service and lack of maintenance.. (Resident-submitted photo)
It is not only unsightly but residents need to be concerned about the well-being of their pets, particularly with flea and tick season upon us. So it is not only an aesthetic issue it is also one of health and safety. It is also costing all of us money.
Landscaping 2019: HOA BOARD IS BETTING YOUR MONEY ON IT. and more excuses...
*UPDATE* JULY 2019: WE ARE NOW PAYING THREE (3) LANDSCAPING COMPANIES.
JUNE 2019: ANOTHER SUMMER SEASON BEGINS WITH BAD LANDSCAPING.
NO DUE DILIGENCE PERFORMED BY THE BOARD. ONCE AGAIN, THE BOARD TOOK NO ACTION TO FOLLOW-UP ON A HOMEOWNER'S QUESTION AND CONFIRM THAT THE LANDSCAPING COMPANY ACQUIRED ENOUGH H-2B WORKERS TO FULFILL THE COMPANY'S 2019 CONTRACT COMMITMENTS TO SEWICKLEY RIDGE.
MAY 10, 2019 UPDATE: MORE EXPENSE ($205,000+) AND LESS SERVICE FOR HOMEOWNERS.
(Message from the Board noreply@sewickleyridgehoa.com May 10, 2019)
"Many of you have joined with the Board and the Grounds and Safety Committee in expressing your dissatisfaction and frustration with ---, our contracted landscaper. ".... "[The landscaping company] has offered as an explanation that they are experiencing labor problems due to their inability to obtain a sufficient number of H-2B visas to bring back trained and experienced workers from Mexico..."
SPECIAL MEETING OF THE BOARD, JANUARY 12, 2019: A homeowner asked the Board president if [the landscaping company] had obtained the H-2B visas needed to ensure enough workers. The Board president replied "the[landscaping company] informed the Board that they [the landscaping company] have plenty of staff and all workers would be certified to work in the U.S.."
The homeowner alerted the Board that many landscaping companies were going to have problems acquiring H-2B workers in 2019.
In other words, the homeowner gave the Board a "heads-up" in JANUARY 2019 to be attentive to the H-2B workers issue. The homeowner was ignored.
How much HOA money has to be wasted on POOR CONTRACT NEGOTIATION and LACK OF FOLLOW-UP before the Board gets its act together? The HOA's LARGEST SERVICE CONTRACT warrants good business judgment, follow-up, and timely monitoring.
Poor Business Judgment
In the past 2 years (2017 & 2018) we spent over $300,000 for consistently poor landscaping services and took no action. We are now paying to repair and remediate the damage and neglect by the previous landscaping company which should have been addressed much sooner by the Board.
[Source(s): 2017 HOA Budget and 2018 HOA Budget]
Despite the disappointing service, in February 2018, the Board decided to “extend” the inadequate landscaping company’s contract for two more years.
[Source: Special Meeting of the Board of Directors, February 10, 2018]
Too Little, Too Late
After two springs and two summers of lousy service and complaints from homeowners, the Board decided to finally address the costly and unsatisfactory landscaping service. Because of the Board's lack of action, we continue to have poor lawn and soil conditions and the need for expensive turf restoration.
[Source(s): Board of Directors Meeting Minutes, September 20, 2018; Board Briefs, October 16, 2018; 2019 HOA Budget]
Homeowners Paying the Price $$$
So now, we are paying a “new” landscaping company over $205,000 to address the last 2 years of bad service and neglect. Homeowners face higher landscaping costs which include attempts to remediate poor conditions due to the lack of performance and neglect of the 2017 & 2018 landscaping company.
[Source: 2019 Budget; Landscaping Company Service Agreement/Contract January 12, 2019]
"Deja Vu All Over Again".....
The “new” company is actually the same company we were using in 2016. But wait...when three of our current board members were elected in 2017 they decided to not use this company. They were not happy with the company's performance. Now, we have rehired that company.
[Source(s): Board of Directors Meeting Minutes 2/7/2017; 3/8/2017; 4/10/2017
Special Meeting of the Board of Directors January 12, 2019;
Landscaping Company Service Agreement/Contract January 12, 2019]
Summary: $205,980.03; Increase of $64,000 for 2019; $22,886.67/month
So, we paid over $300,000 to an inadequate landscaping company for 2 years only to fire them and “rehire” a company the Board did not want in 2017. We are paying that company at least $205,000 per year; a $64,000 increase for landscaping in 2019. We can hope this "new" landscaping company will perform better. THE HOA BOARD IS BETTING YOUR MONEY ON IT.
[Source(s): See Above]
Neglect of common elements - Board ignores fiduciary duty
Landscaping Contract - Mowing and cutting: $83,991.79
- "Secondary turf areas to be mowed/cut ten (10) times per year."
- "Hillsides trimmed/cut/crested ten (10) times per year."
Landscaping Contract - Brush Hog Hillsides $722.25
"Brush hog designated hillsides as needed.
Five hours per ($48.15*/hr x 15 hrs. = $722.25. Any hours required beyond this amount will charged at this same rate.)"
October 2019 - Hillside common element neglected. No complete hillside mowing/cutting/trimming or brush hogging performed to date.
Five-foot weeds, a health and safety hazard.
What are we paying for?
Why are some common element areas neglected?
Homeowner concern: Brush Hogging and Clearing of Hillsides
Questions and comments from the recent Budget meeting (November 9, 2019):
"When it (brush hogging) will be done?"
"The overgrowth is taller than me."
"Can we have an explanation indicating what amount of area that will be brush hogged/cleared?"
"The hillsides within the community “don’t look so good.”
"Will information be shared with residents listing what areas will receive the brush hogging/clearing service?"
"There should be an explanation from the Board as to why only some areas will be designated for service and others will not."
The Board responded to all comments saying the landscaping contract was being negotiated but there would be brush hogging (for some areas) performed next summer (2020). The treasurer indicated certain areas have been “delineated” but he did not share where or why.
Incorrect Information in January, 2020 Board Brief
Residents' Association Claim--What Really Happened
THE FOLLOWING MESSAGE IN THE LATEST "BOARD BRIEF" IS INCORRECT AND MISLEADING:
"The Board has reached a successful settlement with the unit owners who filed a claim relative to clear cutting the bank behind their units. The HOA had been negotiating all of the secondary cuttings with [the landscaping company] to assure consistency throughout the community and the area referenced in the claim was part of the negotiation"
Here are the facts:
- The Board's response was to deny the entire claim.
- The denial decision contained flawed reasoning, and unsupported, alleged "facts."
- The Board indicated that they can choose to neglect common areas because maintenance of the community "evolves." In other words they can decide to not maintain the common areas behind homes.
- If the Board was truly negotiating with the landscaping company, why deny the claim? There was no indication in the Board's response that the area in question was part of any ongoing negotiation. In fact, the common area in question had already been omitted from the 2019 landscaping contract and was completely neglected the entire growing season of 2019.
- Homeowners refused to accept the Board's denial of the claim and the questionable reasoning presented in the Board's reply.
- Only when confronted with accurate information and evidence did the Board agree to the residents' demand for proper maintenance of the common elements and the claim was then settled.
If you are a Sewickley Ridge homeowner and would like to see the documentation pertaining to the homeowner's Association Claim, click on the button below to request the information.
In Case You Missed It....Why we need competent negotiators.
Opinion: Advocacy response to landscaping contract excuses and misrepresentations.
Treasurer: "The proposal made by <the landscaping company> for lawn care did not include either Aeration or Lime application. It is correct that the verbiage including these items was included in the formal contract and that it was overlooked by both parties when it was signed." [emphasis added]
Advocacy Response: When executing a formal contract, sound business judgment dictates that the person signing the contract thoroughly read the contract and be aware of its contents. Landscaping is the HOA’s largest expenditure, shouldn’t that warrant some scrutiny of the contract? The contract was addressed to the management company. So, you’re telling us that neither the management company or the board president (signatory) caught the mistakes in the landscaping contract? Since the board is always concerned about homeowners following the community’s bylaws, it is important to note Article 4.8 Execution of Documents. This bylaw requires that contracts over $5,000 be executed by any two officers of the Association. The original contract was only signed by one officer. Did I hear someone say fiduciary duty... ?
Treasurer: "When this error was discovered, it was the Board’s belief that attempting to hold <the landscaping company> to provisions of a contract that both parties agreed were not to be part of the contract but were mistakenly inserted in the final document made no sense from a legal, ethical or business standpoint."
Advocacy Response: The board took no action on the contract until a homeowner, on March 3, 2018, discovered the “mistakenly” inserted provisions (your words) in the landscaping contract. The board did not reply until March 7, 2018. They responded with yet another CYA excuse. How much was the HOA charged in legal fees to come up with this explanation? What makes no sense from a “legal, ethical or business standpoint” is committing $295,242.00 of homeowner’s money via an incorrect and poorly executed contract.
Treasurer: "As a reciprocal show of good faith <the landscaping company> did brush hogging at the end of last year at no charge to Sewickley Ridge. It was also agreed to remove these items in the renewals."
Advocacy Response: “Reciprocal show of good faith?!” (More homeowner’s $$ paid for legal wording). The brush hogging occurred last year, a considerable length of time before you were made aware of mistakes in the contract. A one-time brush hogging service for two or three select locations in the community is hardly equal consideration for not providing community-wide aeration services.
And who decided we did not need aeration services? Even the latest transition document provided by the Transition Accountability Committee lists aeration as a requirement for remediation of poor turf conditions.
Treasurer: "As for the renewal, the contract clearly states that the services provided in 2018 would be the same as 2017 at the same price. As noted above, the addition of brush hogging services, which was done free of charge in 2017, is included as an addendum in the 2018 contract. This is common business practice and in no way, reflects an improperly renewed contract."
Advocacy Response: Again, common business practice is to read a contract before signing it. No modifications to the contract are in writing. The addition of brush hogging services is not an addendum, in the legal sense. (You may want to get some of that HOA money back you spent on legal advice.) Brush hogging was not in the original contract which is the one used for renewal; aeration and lime application services were in the contract that was never appropriately modified. The board approved the extension (their words) with no mention of the removal of aeration and lime application services at the Special Board Meeting 2/10/18.
Treasurer: "As to the note that there was not a current certificate of liability for the dates of this contract is incorrect. There was and is in the contract binder located at the clubhouse a current certificate of liability."
Advocacy Response: When the contract was initially reviewed by a homeowner there was not a certificate available or it was “misplaced” in one of the sealed, plastic cover sheets that the documents are placed in to make copying or scanning the documents inconvenient and difficult.
