The Fair Lakes Crossing Home (FLC) Owners Association (HOA) Board of Directors (BoD) convened a special topic meeting via Zoom videoconference beginning at 7:00 PM on 4 May 2021 to take up a matter requiring immediate board attention.
Attendance: 5 of the 5 members of the FLC HOA Board were present: Ajay Ganji (President), Kevin Nawroth, Rama Ghattu, Clarence Hunter, and Pete Mattes. No community members attended.
The topic of the meeting was the situation of the homeowner at 13342 Emeric Court in Fair Lakes Crossing (FLC) after the wind storm on the night of 30 April 2021 which resulted in debris from a tree on FLC HOA land causing damage to the house and lot of the homeowner. The homeowner had petitioned to have the tree removed beginning in 2017. Following the process for determining whether trees on HOA land pose a danger to a homeowner’s property, Capitol Management Company (CMC) retained a professional arborist to determine the threat that the tree posed to the homeowner’s property. During the month of February 2021, the arborist determined that the tree was healthy and did not pose a threat. However, during the storms of 30 April, some large parts of the tree broke off and damaged the homeowner’s lot and house. Because of this, the homeowner has again petitioned to have the tree removed.
Board Action:
- The BoD discussed the facts of the situation as reported by the homeowner and by CMC. The BoD determined that the process for handling requests for the BoD to remove trees on HOA land had been followed correctly by the homeowner and CMC (see the 13 January 2021 BoD Meeting minutes for the approved process for tree assessment as well as the Homeowner Info Page). The BoD then considered whether it should take special action in this case regarding the homeowner’s continued request that the tree which caused the damage should be taken down and removed. Summation of the BoD consideration of the matter:
- The homeowner at 13342 Emeric Court has had concerns about the tree adjacent to his property on HOA administered land dating back to 2017.
- He has followed the established process for getting the threat that the tree poses to his property.
- The tree has been professionally assessed to be healthy and therefore not a threat to his property.
- However, during the storms 30 April significant parts of the tree broke off and damaged the homeowner’s property.
- The BoD proposed that, despite the fact that the tree remains healthy, the fact that it has now been the cause of damage to the homeowner’s property warrants the tree’s removal.
- The BoD made a motion to vote on the proposal. It was approved by a vote of 4-1.
- Mr. Ganji will contact Peyton Harris at CMC to inform him of the BoD’s special approval of the homeowner’s request to have the tree removed at HOA expense.
- No further business was conducted. The BoD adjourned at 8:00 PM.