Petition to Establish Mediation with Little & Young, Inc.
Frederick Roquemore 0

Petition to Establish Mediation with Little & Young, Inc.

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We, the undersigned of Oakmont, declare a few reasonable changes we would like to see happen. Regardless of our initial agreement when we all signed our covenants in the beginning, the game has now changed. The situation has changed because we did not anticipate that Little & Young, Inc. would apply a double-standard while not always following through with their responsibilities to look after the best interests of the neighborhood. So far, we have been under the absolute control of Little & Young – and the concerns we bring to them are often ignored. It is, therefore and henceforth, our duty to throw off such absolute control and provide leaders to serve as neighborhood representatives on the Board of Directors. It is incumbent on us to insist that we have representation. Although our HOA fees are minimal, collectively these result in a great source of revenue for Little & Young; and the residents should hold the HOA manager accountable for the proper use of such funds.

*NOTE: Oakmont has had an advisory board in the past, which consisted of a few neighborhood representatives. That was a failed experiment because Little & Young simply recruited those representatives as turncoats and used them to hunt down their fellow residents for violations. If it is in the good will of the Developer to grant us representation again, then a provision must be made that these representatives would not work on behalf of Little & Young. Their sole purpose would be to consolidate and communicate the concerns of the residents. In addition, the Oakmont residents would have the opportunity to vote and keep (or elect new) representatives semi-annually. This frequent nomination would keep power in check and prevent collusion with Little & Young.

From this day forward, we would like to have a say in amending the covenants; and we request to have at least three neighborhood representatives on the board. We need to rethink the purpose of the HOA, which should be to provide amenities, conduct repairs, and protect the property value of the neighborhood. The HOA should be held accountable to protect against nitpicking over trivial matters. Little & Young will be held equally accountable for failing to uphold their end of the deal. Failure to conduct repairs or maintain the grounds in a timely manner will result in citations from the residential representatives to the formerly-untouchable HOA manager. Any repair not conducted, or any failure to maintain the Oakmont residential area, will result in a citation; and Little & Young will have 30 days to make the correction or communicate to the residents a plan of action. If Little & Young provides no communication on the matter within 30 days, then a second citation will be issued. If the residents receive no feedback within 60 days, Little & Young will be required to forfeit the month’s revenue – and issue a full refund to every Oakmont resident for that month’s HOA fees.

Communication and information flow:

Residents do not know whether or not McKee Homes has sold all remaining lots to H&H / Dream Finders and is out of Oakmont entirely. Residents are not informed as to who controls which aspects of the area. Consequently, when concerns arise, we often don’t know whether to address Little & Young, Dream Finders, or the Developer. This is compounded by the fact that Little & Young often points the finger at either the Developer or the builder. Then, the builder will (in turn) throw it back to the HOA. Projected timelines for the completion of building have changed over the years, and there is much uncertainty. Residents need more regularly held meetings with the HOA to answer questions and present concerns as they arise. Once a year is not enough. We propose that meetings be held at least quarterly.

Proposing the following amendment to the covenants:

1. The covenants state that the trash cans “must be kept out of site.” We propose that this be changed to allow all Oakmont residents to keep their trash cans on their premises. If we are not permitted to keep our trash cans on “site,” as the covenants clearly state, then where are we to store them? …on another property?

*If Little & Young committed a malapropism, then the covenants must be amended to correct the word “site” to “sight” – and then, due to the change, the new covenants must be presented to all residents for review and signature.

(a) Trash cans MAY BE visible! Since the purpose of a trash can is to segregate and hide the trash from the rest of the environment, it is an inherent aspect of the trash can that it is less unsightly than the trash itself. Therefore, we propose that the amendment state that it will suffice for residents to neatly store their trash cans up close to the side of their house in an area that makes reasonable sense according to the layout of the particular lot. We propose to sustain the rule that trash cans must not be left out at the street or edge of the driveway -- and that residents should still promptly secure them and place them back away from the street. Justification for this rationale: it does not make logical sense to store a trash can in the backyard or inside the garage. Storing the can inside the garage invites pestilence; and the backyard is not as accessible for most of us. If the Developer is concerned about the sight of a trash can, then perhaps he should direct the builder to provide each home with a specialty storage area for the trash cans (at no cost to the HOA or the homeowners).

2. We would like to hold Little & Young accountable for the timeliness of their responses to requests for modifications to current homes, e.g. sheds, landscaping, expansion of driveways, concrete slabs, decks, etc. Instead of a 30-day timeout for the request, we propose a more reasonable one-week period. Seven days should be enough time for the HOA to say "yes" or "no" to something.

We plead with Little & Young for improvement in the following areas:

1. The storm drains along the back access road need to be cleared and the foliage on either side of the road needs to be landscaped and maintained properly. NC DOT has stated that the back access road leading to Tom Myers is owned by the developer.

(a) ALL storm drains throughout the neighborhood should be maintained and cleared of debris, sand, and overgrown foliage. All old storm drain socks lying in the road on Executive Drive need to be removed and discarded.

(b) Crews working for the builder often leave trash in the streets, common areas, or wooded areas between homes. This is unacceptable; and the HOA-Builder-Developer complex needs to demand that they clean up after themselves at least weekly -- although it is preferable that they use the on-site dumpsters for their trash instead of the ground.

(c) Developer or builder-owned land between homes should be managed so that these areas do not become overgrown and unsightly.

2. Currently, there is no operational pressure sensor at the back gate. There should be a pressure sensor so that residents can leave by approaching close to the gate (same way the front gate functions).

3. Non-functional electrical outlets at the gazebo by the pool need to be repaired.

4. Little & Young broke a promise long ago, viz. that the builder (H&H at the time) would repave and repair the damaged roads after the completion of Phase I of building. This never happened; and there are parts of the road which are in need of repaving and repair (evinced by dips, cracking, gouges, etc.). L&Y is making the same promise for all subsequent phases of building, i.e. that the builder will repair and repave the roads. We declare that Little and Young, Inc. needs to make good on these promises.

5. The request to lubricate the moving parts and service the elliptical machine as part of the workout equipment at the club house was first made on 16 AUG 2022. At that time, Maria said she had a service tech who would take care of it. This never happened. We ask L & Y to follow through on this.

6. All Oakmont residents should receive at least a quarterly report for expenditures. Provide an itemized receipt for every service provided to the neighborhood, including the full internet bill and all areas the landscapers allegedly worked, etc.

7. The exercise room and bathrooms by the pool should be maintained and cleaned at least monthly, preferably every other week.

8. Clubhouse and bathroom doors need regular maintenance to ensure they lock, unlock, and open with ease.

9. All faucets and toilets should be checked regularly to maintain functionality.

10. We request regular maintenance of gates to diagnose and repair any issues, e.g. malfunction of the code processor, screen illegibility, or malfunctioning gates. Front gate is still not functioning correctly. Perhaps it is time to assess whether it is worth continuing to band-aid an inferior product or upgrade to a better gate.

12. In addition to sharing building plans, keep residents abreast of any and all future plans for development.

13. Residents would like to parse the budget and brainstorm the possibility of either adding another pool to accommodate the increased number of residents -- or expanding the current pool and clubhouse area (if there is room in the budget).




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