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Emergency meeting
of the Westview HOA BOD
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Emergency meeting of the Westview HOA BOD
2 August 2000
0800 in the front of the community:
Attendees:
For Westview HOA:
Gary Wieboldt, Treasurer
Sandy Woodruff: VP
For Dimeglio Construction:
Russell ___ :Superintendent
Rob/Bob ___:Construction worker
For TLC:
Neil ___: Construction Worker
Rob Lusby: Sales
Homeowners:
Ron Sanders
Gary Woodruff
Agenda:
1. Location of irrigation main tap valve box
2.Resultant damage of Ron Sanders yard/ breaching of his property
Background:
TLC was contracted to perform and installation of an irrigation system for
the front property of the Westview Homeowners association on 27 February
2000. After various internal issues between TLC/Plumbers and WSSC, a main
line tap was performed on 31 July to 1 August.
On the contract with TLC, and in conversations with the Salesman, it was
made clear that all 'hardware' (taps, valve boxes, BFP's etc] were to be
located on the South side of Westview Forest Drive near the gatehouse.
On 31 July, Wieboldt noticed that the tap was being placed on the North side
of the street and questioned Rob from Dimeglio. He showed me the drawing
showing 2 taps, called Neil of TLC and said that is where the tap is to go.
Wieboldt indicated concern and said to put it "as close to the wall as
possible since I think the HOA owns that property".
Results:
The tap was placed on the north side of WFD, most likely on the private
property of lot 4, currently owned by Mr Ron Sanders. Also damage to the
property (grass) ensued.
Meeting notes:
Wieboldt brought up 4 points of contention:
1. Why was the meter placed where is was?
2. Damage to the property has to fixed.
3. Potential damage to the sprinkler heads has to be fixed.
4. Why was the meter well left open? (Mr Sanders fell into it and almost
broke his leg)
Mr. Sanders brought up:
1. Easement/private property issues
2. Damage issues.
After some discussion this is what we found out:
1. TLC failed to contact the HOA on the revised location of the meter well.
Indeed on the hand drawn layout that was supplied to Dimeglio by TLC showed
2 taps: A north side and south side (gatehouse) tap. Asked why TLC did not
communicate to HOA the revised location and they said that it was a clear
case of miscommunication
2. Dimeglio promised to property fix the grass area in front of his house
by sodding. We made it clear that it has to be to the satisfaction of Mr.
Sanders. [Ed note: The HOA will take on any final responsibility of proper
restoration of Mr. Sanders property, as discussed in telecon Between
Wieboldt/Byrd 1 August 2000]
3. Non-issue: heads functioned normally
4. That was a mistake by Dimeglio. But it did raise the specter of what
happens/who is responsible/liability if someone gets hurt.
Wieboldt indicated that even if we 'clean up' the damage, we still have an
issue of a meter well on potential private property
[ed note: although only a proper survey can confirm this, it appears that
the HOA property/easement only extends to the back of the large north wall
(the one that pointed NW/SE) The fence and the little wall (one that points
directly N/S) appears to be in Sanders property. It appears that the HOA
only has 48 feet of property from the curb (approx) and that 'little wall'
is 71' from the curb. These measurements taken from the master Plat dated
March 1990.] Also the Meter well was put about 17' north from the curb,
outside of the 10' Utility easement.
Wieboldt indicated that even thought the meter can be 'less conspicuous'
[lowered to the ground, plant grass over it], there is still the issue with
it being on private property and issues on home sale and future owners can
crop up.
Results:
After discussion of other meter locations, the 'safest' spot for the well
to
go is where there is no dispute of HOA easement/ownership: the center
island. Dimeglio/TLC are going to fill up the current meter well location,
and relocate it to the center island. The BFP will be placed against the
center wall. Costs are *assumed* to be borne by TLC.
Summary:
1. Within the next 5 days, Dimeglio is to remove meter equipment from the
north side of the street, and repair by sodding Mr. Sanders property to his
satisfaction. Dimeglio to provide TLC quote for "new" tap to center island.
Construction equipment to be stowed on the road by A-44 and not on private
property
2. TLC makes appropriate irrigation system modifications to accept the tap
from the center island, and to also fix the electric problem [electric for
the valve box put on photocell circuit even though it was implicitly stated
that that was not acceptable. We would have only been able to water during
the night when the lights were on]
3. Someone is going to 'eat' the cost growth, and as far as HOA concerned,
it shouldn't be us. We were never contacted about the new location, when
Wieboldt questioned the location and indicated that it was HOA knowledge
that it was supposed to be put near the gatehouse (per contract and the hand
drawn map], the hole was still placed on the north side.
Meeting ended at 0830
<end>
Gary M. Wieboldt
Treasurer
