Kaman & Cusimano LLC

RE: Complaint # *** Bishopsgate Condominium AssociationDear Ms***:Please be aware that the undersigned represents the Bishopsgate CondominiumAssociation ("Association").I am in receipt of a letter from the Revdex.com ("Revdex.com") regarding a complaintfiled by *** *** of
*** *** ***, Powell, Ohio The complaint is regarding themaintenance of the grass in the condominium common elements adjacent to her unit and herproposal to install mulch beds in those areasPlease permit me to summarize the Association'sposition in this matter.Declaration Article IX Section states:To the extent that the Board, in the exercise of its duty to use ordinary care andprudence in the management of the property and financial affairs of theCondominium, allocates funds therefore, the Association shall maintain and repair:(a) the Common Elements ....As Ms*** stated in her "Statement of the Problem," the Association has consultedwith a landscaper regarding the problems maintaining healthy grass adjacent to her unitMs.*** must understand that the Board maintains the community property as a whole and isnot able to perform every project that owners may request.The Association will continue to take reasonable steps to address the grass maintenace adjacentto Ms***'s unit, however, the discretion regarding how to address this issue remains withthe Board.I understand that other owners in the community have installed mulch beds adjacent totheir units at their own costIf Ms*** desires to install a mulch bed or similar itemadjacent to her unit, she may start that process by submitting an application for exteriormodification pursuant to Declaration Article III Section 2(n), which states in part:nor shall any exterior addition to or change or alteration therein be made, untilthe plans and specifications showing the nature, kind, shape, height, materials, colorand location of the same shall have been submitted to and approved in writing by theBoard or its designated representative, as to lawfulness and appropriateness, and asto harmony of external design, color and location in relation to surroundingstructures and topography The Board may condition such approval upon therequesting Unit Owner's agreement to maintain the same, and such agreement shallbe binding upon the Unit Owner and the Unit Owners successors in ownership of theUnit, notwithstanding any provision of the Condominium Organizational Documentsto the contrary.If the Board approves the plans submitted by Ms***, she will be responsible for thecosts of installation and maintenance of the mulch bed as well as any other restrictions theBoard may require as a condition of approval.I trust the above clarifies the Associations position in this matter.Sincerely yours,*** ** ***xc: All Board MembersProperty Manager

Please allow me to address the complaint referenced by the above ID number directed to my partner, David K[redacted].  Please know, however, that the identified “customer” is not, nor ever has been a client of our firm as we only represent condominium and homeowner associations.  That being...

said, we appreciate the opportunity to address the complaint submitted to your office, while complying with your request not to include any information that would personally identify our client or the individuals with whom we actually communicated.   On behalf of our client, the homeowners association (HOA) where the property is located, we sent a letter, dated June 5, 2017, to the titled owners for non-payment of the HOA’s 2017 annual assessment.  In response to an undated note, which was handwritten at the bottom of a copy of the letter we had sent and mailed back to us, but signed by a name that did not match the deed, we responded in writing to the titled owners with a copy of the communication we received, along with a copy of the itemized account history, which verified the outstanding balance due to the non-payment of the 2017 annual assessment and resulting charges.  We included the explanation that all lots within the HOA are subject to the annual assessments and, like property taxes, do not require signed agreements.  Notably, the account also reflected a zero balance through 2016 due to all prior annual assessments on this property being paid on time in full.  In fact, we have represented this HOA since 2008 and have never been asked to take action on this account until this year.   Still, to the extent a question remained about membership, we also included a copy of the owners’ deed, dated April 28, 2008; a copy of the recorded Plat Map; and a copy of the corresponding Deed Restrictions.  Since neither membership nor payment of the annual assessments to the HOA had ever been an issue previously, and the name of the consumer who filed this complaint does not match the name of the titled owners with whom we addressed our letters, we are hopeful that this is just a misunderstanding and the titled owners will soon bring their account current to bring this matter to a resolution.  Sincerely yours,        DARCY M[redacted] G[redacted]

This is utterly ridiculous.  I pay $260/month plus I paid a $1,500 special assessment to the HOA to keep the outside of the condo looking nice.  See attached excerpt from Bishopsgate By-Laws.  Article IX: Section 1: Association Responsibility: A. 4. Lawns, Shrubs and Trees.  This is not my responsibility, it is theirs. I  think I will take them to small claims court and see who the judge agrees with. Their landscaper said grass CANNOT grow in this area. He also said he believed the  Board should and would put a mulch bed there. The Condo Assoc agreed and told me they recommended to the Board that they do so.  This legal mumbo jumbo is just that.