K&C Service Corporation

RE: Complaint # [redacted] Bishopsgate Condominium Association Dear Ms [redacted] : 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 [redacted] of [redacted] , 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 [redacted] stated in her "Statement of the Problem," the Association has consultedwith a landscaper regarding the problems maintaining healthy grass adjacent to her unitMs[redacted] 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 [redacted] 's unit, however, the discretion regarding how to address this issue remains withthe BoardI understand that other owners in the community have installed mulch beds adjacent totheir units at their own costIf Ms [redacted] 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 contraryIf the Board approves the plans submitted by Ms [redacted] , 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 approvalI trust the above clarifies the Associations position in this matterSincerely yours, [redacted] ***xc: All Board MembersProperty Manager

RE:  Complaint # [redacted] Bishopsgate Condominium Association
Dear Ms. [redacted]:
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 [redacted] of [redacted], Powell, Ohio 43065. 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 areas. Please permit me to summarize the Association'sposition in this matter.Declaration Article IX Section 1 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. [redacted] stated in her "Statement of the Problem," the Association has consultedwith a landscaper regarding the problems maintaining healthy grass adjacent to her unit. Ms.[redacted] 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. [redacted]'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 cost. If Ms. [redacted] 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. [redacted], 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,
[redacted]xc: All Board MembersProperty Manager

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.