Sky Ranch Unit 2 Accepted by the City

On March 23, 2022, the City accepted the public improvements for Unit 2 of Sky Ranch (Resolution 032-2022.pdf). The public streets/sidewalks in the area are now the responsibility of the City. Concerns regarding streets, sidewalks, and streetlights, in the area can now be directed to the City. Unit 1 was accepted previously. The City anticipates that the improvements to Unit 3 will be accepted in the next 3 to 6 months.

The Sheriff’s Department now has full enforcement authority on the City streets. I have confirmation that the information was sent to the Sheriff’s Dept. Previously, they were unable to enforce infractions on the streets in Unit 2 as they were all private. Some streets such as Calabria in the multifamily units remain private.

Unit 1, map below, was previously accepted by the City.

Botched Lawsuit #2: Sky Ranch HOA v. Lennar

Alleging construction defects, on November 20, 2017, the Sky Ranch HOA sued the developer, Lennar, for damages in excess of $100,000. The allegations included defective drainage, landscaping and irrigation systems.

Sky Ranch v. Lennar. Construction Defect

The HOA did not have the authority for the lawsuit because they failed to get approval from the members. The HOA should have had a vote of the members, which is required per the CC&Rs. There was no vote of the membership at a meeting, nor via ballot. We were denied our vote in the matter.

There is an entire section (19.3) of the CC&Rs dedicated to Construction Defect Disputes. There is even a subsection (19.3.3) called “Association’s Construction Defect Claims.” That paragraph provides the mandate for the vote.

There are a number of reasons that homeowners might have wanted the opportunity to vote against the lawsuit. The same section of the CC&Rs, 19.3.1.1, requires the HOA to follow maintenance recommendations and schedules. Failure to do so “may reduce or preclude Owner's and the Association's right to recover damages relating to such Lot or Association Property.” The lack of maintenance is obviously apparent, thereby lessening the value of such a suit.

Prior to filing a civil action regarding the property, the HOA is required to have a meeting. The HOA must provide written notice to each Member. The notice must specify “(a) that a meeting of Members will be held to discuss problems that may lead to the filing of a civil action, (b) the options, including civil actions, that are available to address the problems, and (c) the time and place of the meeting.” There was no public discussion that included the members. There was no notice to discuss the problems and options, as required.

Twenty-eight days after filing the lawsuit, the HOA posted a cryptic agenda for a meeting to be held at the home of the HOA President. If this was their purported announcement, it lacks the specific details required (see above). The meeting was not open to the membership, so a vote of the membership was not possible. Incidentally, it lists three items called “Personnel Matters,” though the HOA has no personnel.

A Memorandum of Settlement Agreement between the HOA and Lennar was signed by the HOA president on June 25, 2020.  The HOA assumption of maintenance for Lot L was the focus of the memorandum.

Frustratingly, the HOA had managed to snatch defeat from the limited victory that had been won previously.  Because Lot L is near our home we were involved with negotiations involving us, Lennar, the HOA, and the City.  The HOA was represented in the meeting by Dave Quinsey and HOA attorney Bill Bud.  In an effort to end the issue, Lennar agreed to install irrigation and plants.  The HOA rejected the offer.  Now, following the settlement, the HOA will have to clean up the excessive native vegetation and install new plants to comply with the fire regulations. 

Despite promises to the contrary, the HOA remains silent about the details of the settlement.

Shrubs and Ground Cover Gone. Next, Cut Down the Trees.

The HOA defunded the slopes and allowed large areas of landscape to die. The fire marshal ordered the HOA to clear brush. Since brush is about all that’s left (ornamentals are gone), practically everything was cut to the ground. The trees are next in line for destruction. More of them survived the neglect, but many are targeted for removal, though they could be retained in merely trimmed. Destroying the landscape and trees is cheaper than maintaining them, in the short run. However, the HOA is obligated to maintain the landscape.

Trees Targeted For Removal Rather Than Simply Trimming

This is to follow up on an issue I posted to a Sky Ranch Facebook group. The landscape company for the HOA, O’Connell, marked trees for removal. They told me that the Fire Marshal instructed them to. I contacted the Fire Marshal. She told them to ensure the trees are compliant, 10 ft apart. Below is information to address what the Sky Ranch Property Manager, from FirstService has told people who contacted them.

FirstService and O’Connell landscapers are saying that the Fire Marshal told them to remove trees. Before I posted the issue online I had contacted the Fire Marshal to confirm. She sent me the recommendation <.pdf>. It says, trees need to be trimmed so that tree canopies have 10 ft of clearance. It says a few trees may need to be removed if compliance is not possible. They should simply trim the trees that can be retained rather than removing most of them. A couple small trees (one 10 ft tall) weren’t on the plan and they should be removed, but they’ve marked a bunch for removal, including mature trees, on the plan, spaced correctly. As you enter the community look at the trees bunched together. You want them removed or trimmed?

Update, March 8: FirstService, the property mgmt company for the HOA, sent an email stating, “The Board will review the matter at their next meeting. No decisions regarding the trees will be made until the Board is able to meet and discuss.”

Only the trees in green would remain. This is an older photo where you can see most of the trees

Court Orders HOA to Pay Fees in Botched Lawsuit

A judge ordered the Sky Ranch HOA to pay defendants $1605 in fees for the botched lawsuit involving a commercial grade pool slide from the roof, and a roof level deck. The fees are related to filing expenses and service. While the lawsuit to enforce the Governing Documents was reasonable, the HOA simply took too long to file the case so the HOA lost due to the statute of limitations. Director David Quinsey stated that he attended multiple events at the residence and that the board was hoping for “an informal ‘over the fence’ resolution of the dispute.” The Ballo’s may now move to recover their attorney fees which will be far more costly to the HOA.

The super secret HOA has not informed the homeowners that their case was dismissed, nor of the ruling regarding the fees. The HOA has also failed to disclose details of the settlement of their lawsuit against Lennar Homes which was settled over two years ago. It is safe to assume that the settlement was not favorable for the HOA.

Court orders HOA to pay fees.

Member of Board of Directors

Accounting By FirstService Residential

Update: FirstService sent an updated account ledger that appears to explain the discrepancy.

The HOA increased the $220 assessment by $12.45 on October 1, but they didn’t start billing for that amount immediately and later began recouping the money from homeowners. We started paying the full $232.45 before FirstService began billing for it. We pay our bill in advance each month. Therefore, on November 29, we had a credit of $232.45. But on November 30 AND December 1, they added the adjustment of $12.45

I hope it’s another issue of FirstService being confused by payments arriving early, but those who use automatic payment should be aware.

After a long time holding on the phone, because, you know, “Higher than normal call volume,” I spoke to a representative who pulled irrelevant billing from April. I pointed out that the zero balance on November 14 makes a better starting place. She would have none of it so I held longer for a supervisor who said he will look into it.