The Gull's Call - Jul/Aug/Sep 2024

CommunityNews

Common Areas & Maintenance Agreements By Jacqui Galvez Vasquez C OMMON AREAS, WHETHER IN A SPECIFIC ASSOCIATION or as part of the master community, are to be used and enjoyed by all. They are not areas that can be claimed by residents to augment their personal properties and filled with potted plants and other personal items, no matter how aesthetically pleasing to the eye they may be. Common areas are intended for ownership use by the project association or by the Community of Harbor Bay Isle Owners’ Association. Lagoons, private streets, and non-private lot parcels are examples of common areas. Maintenance of common areas is the sole responsibility of the Association. The Association alone can apply to improve, modify, or do landscaping work in the common area. Personal items placed in the common areas impedes the work of the landscape company, who are contracted a certain amount of time in each association to do their duties. Having to maneuver around personal items in common spaces to mow, weed, fertilize, etc., takes time and causes the duties of the contract to not be carried out and areas end up lacking. Trees in common areas are a major asset to the Community. Each one is tagged with a number and maintained solely by a tree company, or landscape contractor, hired by the Board. Any trimming or removal of community trees in the common area may be considered vandalism, and depending upon the value of the tree may be a felony. The Board may consider restitution or fines. It is appreciated when homeowners contact their Association Manager to report evidence of a break in the drip system, plants that are failing, or an area in need of attention, in common areas maintained by the association. Once notified, the Association Manager puts in a work order that tells the contractor what needs to be done or starts the bidding process if the work is more extensive. The Community of Harbor Bay Isle has hundreds of trees and thousands of plants that help make the Community the attractive place we have all come to appreciate. If you live in an association where the association is in charge of landscaping, know that the contracted landscape company is the only entity authorized to

plant in common areas, at the direction of the Board of Directors. It is also their responsibility to maintain the common areas. Homeowners may ask their Board for more plants around their residence, but they may not plant them. Homeowners are not to interfere with the work of contractors or ask contractors to plant in the common area. So, how is common area landscaping installed, maintained, or removed? Project association landscape committees evaluate the association’s landscaping at regular intervals and make recommendations to the Board of Directors. Priority is given to planting trees and shrubs where trees were removed earlier in the year and areas without plants. Once an initial list of suggested and replacement trees and plants by location is created, the Committee works with the Landscape Company to finalize a planting list for Board consideration and vote. Final recommendations are based upon safety concerns, priority needs, and funds allocated in the reserve budget. Fall planting is done once a year when the rains begin. Please note that any common area modifications done by residents may be moved and/or removed at any time without notice. In rare instances, a project board may allow an installation to remain, pursuant only to a notarized maintenance agreement being signed and filed with the Alameda County Recorder’s Office. Maintenance agreements are also required with architectural applications where there is some type of intrusion/penetration of the property that is maintained by the Association (e.g., siding, roof, carport). Exhaust vents, windows, and utilities are common property upgrades that require a Maintenance Agreement to be signed. The Maintenance Agreement is sent out with the approval letter from the Community Architectural Department. The agreement must be notarized and filed with the county recorder’s office along with a fee. The maintenance agreement basically states that if damage occurs to building elements that are the responsibility of the association, then the homeowner is responsible and incurs the costs associated with correcting the problem. Maintenance agreements are on file and convey with the property. If you are required to complete a maintenance agreement, please call the Community Office to make an appointment with the Notary Public on staff. There is no charge for the notarization if you do it at the Community Office. Failure to complete a maintenance agreement may result in the Association levying fines against the property.

8 July | August | September 2024

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