Parking Letter from the Board of Directors

February 8, 2009

The Board of Directors of the Townhomes of Andover HOA (BOD) has recently received numerous complaints from the Members regarding parking within the complex. The BOD recognizes there is a major parking problem, and has prepared this letter to inform the Members of the actions the BOD has taken and will be taking on behalf of the Members.

Governing Excerpts:

Please note the following excerpts from the Declaration of Covenants, Conditions, and Restrictions for Townhomes of Andover (Declaration) and the Townhomes of Andover Rules and Regulations (Rules):

Declaration: Article XI, Section 1(i) – Parking – Motor Vehicles

Ownership of a Residential Unit shall entitle the Owner thereof to the use of not more than two (2) automobile parking spaces which shall be provided by the Association on the Common Area, and which spaces shall be as near and convenient to said Unit as reasonably possible, together with the right of ingress and egress in and upon said parking area. The Board of Directors may impose rules and regulations not inconsistent with this Declaration with respect to the maintenance and use of parking spaces provided on the Common Area and the uses, operating and control of motor vehicles thereon.

Rules: Vehicles

Vehicles (cars, pick-up trucks, and small vans) shall be parked only in garages or in the driveways. No parking shall be permitted on any street, except temporarily for social gatherings or other functions held in a Unit. Commercial vehicles, tractors, mobile homes, recreational vehicles, trailers, campers, camper trailers, boats and boat trailers or any other watercraft shall not be parked or stored outside a unit.

Owners and operators of motor vehicles within the property shall comply fully with all the laws and regulations of the State of Tennessee and the City of Franklin and Williamson County Governments. Vehicles of the property shall be properly licensed, and maintained in condition for operation on the public streets.

VEHICLES NOT COMPLYING WITH THE ABOVE WILL BE TOWED AT OWNERS EXPENSE.

Interpretation of Governing Excerpts:

The BOD provides these excerpts as a “friendly reminder” to the Members and their guests, as well as to reiterate that there are already defined rules and regulations regarding parking within the Townhomes of Andover.

The above excerpts have long-been interpreted by the BOD to mean that all Members are entitled to two parking spaces: (1) in your garage and (1) in your driveway. All marked spaces within the Complex are available to the Members and their guests on a first-come-first-serve basis for short-term parking only. All vehicles must be parked in a legally designated parking space in compliance with the City of Franklin’s Fire Codes (All designated parking spaces were originally set in compliance with Franklin Fire Codes). No vehicles should be parked in marked spaces long-term (longer than overnight). No vehicles should be parked in the grass.

Please note that the lawn surrounding your unit is community property owned and maintained by the Townhomes of Andover HOA. YOU DO NOT HAVE ANY RIGHTS TO PARK IN THE LAWN SURROUNDING YOUR UNIT.

Occasionally, the BOD will authorize certain vendors and maintenance workers to drive in the lawn to better access the Units. This is not deemed in violation of the Rules, as it is for the benefit of the Members as a whole.

Almost the entire length of Stanwick Drive is available for over-flow parking (please obey posted signs).


Parking Issues:

Recently, the BOD has received numerous complaints submitted by the Members of vehicles parked illegally. Instances included vehicles parked in the grass, parked in fire lanes, and in other non-designated areas. The BOD recognizes that most of these issues relate to a hand-full of repeat offenders.

It appears that most of these repeat offenders are renters and their guests, although not exclusively. The BOD has sent numerous letters to both the Members and the actual tenants informing them of the Rules; and that their actions were in violation of those Rules. Additionally, numerous violation stickers have been affixed to the widows of illegally parked vehicles.

Historically, these actions by the BOD have rectified the situation and no further action, such as towing, has been required. However, it currently appears that these repeat offenders have disregarded the safety and comfort of the other Members and tenants, and continue to park illegally.

These actions have forced the BOD into a position of being the “Parking Police”; a position that the BOD does not desire to be in, but is required to act upon under the Declaration. As this is an unprecedented position for the BOD to be in, it has taken some time for the BOD to fully vet the laws and liabilities surrounding the towing of vehicles from the Townhomes of Andover. The BOD apologizes to the Members for what may appear to be slow action, but reiterates this timeline has been required to minimize the liability exposure to the HOA and its Members.

Enforcement:

The BOD has recently contracted with Harpeth Towing & Recovery and will now be towing all vehicles illegally parked within the Townhomes of Andover. Based on all Members’ previous acceptance of the Declaration and the Rules and the explicit nature of this letter, the BOD has deemed this “sufficient notice” to all Members, renters, and guests and will now routinely tow all illegally parked vehicles. As a Member, it is your responsibility to inform your renters and guests, as applicable, of the Rules of the Townhomes of Andover. (A copy of this letter will be sent to both the Members and the physical address of the townhome in an effort to inform both the Members and any renters).

Your vehicle cannot and will not be towed if parked legally.

If your vehicle is towed, please contact:

Harpeth Towing & Recovery1124 Murfreesboro Road
Franklin, TN 37064(615) 591-7445

ALL TOWING AND IMPOUND FEES WILL BE THE RESPONSIBILITY OF THE OWNER OF THE VEHICLE BEING TOWED.

Signs will be posted within complex in the coming weeks. However, upon the receipt of the letter, PLEASE CONSIDER THIS “SUFFICIENT NOTICE”.


Signed,




Mitchell Welty, CPA
President, Townhomes of Andover HOA

This letter was approved by the BOD via email on January 9, 2009.

Minutes of the January 22, 2009 Board of Directors Meeting

TOWNHOMES OF ANDOVER
BOARD OF DIRECTORS MEETING

MINUTES

DATE: January 22, 2009
LOCATION: LSI Office, 1120 Lakeview Drive, Franklin, TN 37067

______________________________
__________________________________________


CALL TO ORDER:
By Mitch Welty
Time 7:05 p.m.

ROLL CALL TO ESTABLISH QUORUM:

Directors present: Mitch Welty, Robert Schettler, Gloria Dale Williams, Debra Gerstenberger

Others present: Emery Gasser and Mike Woods of Gasser Property Management and homeowner, Misty Gangualy.

APPROVAL OF MINUTES FROM PREVIOUS MEETING:

Minutes from October 23, 2008 were previously approved via e-mail.


NEW BUSINESS

1.) Maintenance of the outside of the buildings will be performed as the weather warms. It was established that the shutters will be painted on a continuing schedule.

2.) The BOD is asking for a diagram of each building from the maintenance company to show what was done for each building and what work still needs to be done. Mr. Emery Gasser will present the diagram to the BOD.

3.) The BOD asked that the maintenance company clean out the gutters as they are repairing areas of the roofs.

4.) The BOD approved an awning for Unit 700.

5.) The BOD approved a third pet station for the South end of Huffine Manor Circle.

6.) Annual Yard Sale will be Saturday, April 18, 2009. If you would like to participate, you must obtain a permit from the City of Franklin. The contact number is 791-3226. The cost for the permit is $5.00.

7.) The BOD approved Mr. Emery Gasser to retain quotes for our Homeowner's Association Insurance Policy, since market conditions have become more competitive in recent years. The BOD believes there is a potential to maintain the same level of coverage but reduce the HOA's monthly premiums.

8.) The BOD requested a "No Solicitation" signs to be installed at each entrance.

PARKING

The BOD has received numerous complaints regarding the parking within the complex. Please see the accompanying letter from the BOD regarding actions already taken and future actions to be taken. PLEASE READ THIS LETTER CAREFULLY.

HOMEOWNER'S ALERTS

1.) Please do not leave your hose attached to your outside faucets. This could cause the pipes to freeze leading into the inside.

2.) Due to the age of our units, there have been reports of the wax seal becoming faulty on the homeowner's toilets. This is the homeowner's responsibility. Early detection will be a cost saving measure.

NEXT SCHEDULED MEETING

Date: Thursday, April 16, 2009
Time: 7:00 p.m.
Location: LSI office

ADJOURNMENT

The meeting adjourned at approximately 8:15 p.m.

Respectively submitted by:
Debra Gerstenberger
Secretary, Board of Directors
TOWNHOMES OF ANDOVER