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The Orchards @ Anderson Heights Homeowners' Blog

The Official blog of The Orchards @ Anderson Heights – made by homeowners, for homeowners

wall issues AGAIN

My neighbors and I have had a few incidents this week with kids jumping over the wall and into our yards. We are TIRED of dealing with this! Has the board made any decisions regarding our wall petition?? We need more security with our walls. Now, we are dealing with annoyances but what will it take until we have a more serious issue?

20 Responses to “wall issues AGAIN”

  1. Mark says:

    Arina-

    The Board is still discussing the wall problem. We realize that the requests and petition were filed a while ago, but problems like people intentionally ramming the gates open and dealing with pool remodeling (to fix some safety-related problems) have occupied the Board’s attention. We are discussing the requests again and we will be posting an answer when we have one.

    Thank you and all the homeowners whose homes are on the west and south perimeter for your patience.

    Mark Racicot
    Vice President, The Orchards HOA BoD

  2. Arina says:

    Mark– thank you for your response and not forgetting about us!

  3. Chris says:

    Arina,
    To echo Mark’s response, the Board has put this on the agenda for the next Board meeting (date TBD). I assure you, we will be discussing this in great detail and with the guidance and recommendations of our Property Managed company. Thank you for your patience.

    Chris Perkins
    President, The Orchards HOA BoD

  4. Jim says:

    We have the same issue at our house. I find frisbees, balls, footprints, and lots of other fun stuff in my yard pretty consistently. I see the kids in the houses around us prancing on the wall, and holler at them to get down about every other day. My dogs go berserk when they do that, and I’m afraid some day if I let my dogs out without realizing there’s a neighbor kid in my yard, they’re going to get bitten or mauled before I realize what happened. Their parents are either inside, or just don’t seem to care, because I know they’ve heard me a few times in scolding mode.

    I hope the board can rectify this. I’ll gladly shoot pictures if it will help. Fines would probably get the attention of the parents that look the other way.

  5. Arina says:

    Some time ago Pat called me to say that she received a quote to raise the wall on Cabral South of the entrance gate.. it was 6K…. wow! I got a quote last summer for our entire backyard alone and it was 3K. I bet if you tried to get some quotes in the winter, they would be even lower.
    >>>>>>>>>>>

    Since you will be discussing this at your next meeting, I have a few more things to consider and roll around:

    1) Some of the kids getting into our yards are the kids waiting at the bus stop at the entrance gate. This is leading into more than a few issues:
    a) Today I yelled at some kids because they were taking a KB sign and dragging it somewhere.
    b) The kids at the bus stop can likely be blamed for the disarray of the entrance area. There is still a “Geko” wall tag on the wall; they have trampled the shrubs and bushes that were there; they leave trash and kick the rocks along the side walk.

    I have called the “security” about this and they told me that IF they could get to it, they would…!!!!

    Is there a way to move the location of the bus stop or do we need to plan on taking more money to constantly upkeep the entrance area? If the bus stop has to stay there, the area that we pay to maintain, needs to be looked after.

    >>> As a side note: I am sure we have all noticed the rocks on the side walk leading to the gate as run down to near dirt. A way to keep people off the rocks is to plan trees or something.

    2) The side walk-in entrance gate does not work. You can just pull it open without a code.

    3) We need to get some real strategies in place for offenders of HOA rules. There are some homes that are absolute eyesores- overgrowth in the yards, trash, complete lack of pride in the appearance of their home. I pull weeds and look for blown in trash every week and I still got a “courtesy notice” to pull a handful of weeds that were apparently obvious in my yard. If I am given notice, what is being done to the real offenders? What really? Because whatever we are doing now, is not working. Are there other solutions?

    Other suggestions I have about the park, security in the pool and other items, I left in the survey. If I can be of any assistance, please let me know.

    Thank you for attention and help with these issues.

  6. Mark says:

    Arina-

    There’s no doubt you’ve touched on a lot of serious points. We’re working with APS to relocate the bus stop south to the entrance to Sandstone. Since the school year has already started, it might be difficult to get them to do it…but we’re working on it. We’re also working on a few other things to reduce the problem of vandalism and trespassing. I can’t go into details here, but we ARE aware of and trying to find solutions to the problems you cited (though I can say that raising walls is back on the table for discussion).

    I’ll ask enTrust to look into the response you got from the courtesy patrol company. Do remember, though: they are a courtesy patrol and not law enforcement. While we still encourage you to call them first for non-urgent problems, APD is still a viable choice for crimes in progress…and no matter what others may say, acts of vandalism and trespassing ARE crimes. Maybe all that needs to happen is for the police to show up once or twice and the kids might modify their behavior.

    I’ve let Pat know about the pedestrian gate. We’ll get that repaired.

    The HOA rules… First, the courtesy notice you got is the no-fine “reminder” for those who miss something or make a mistake. There’s no harm, and as the notice states, your “violation count” for the problem described resets to zero after a while. Hey, it happens – I’ve gotten the garbage can and weeds notices, too. We forget, and the notice just nudges us to go fix a problem. It is when we ignore the notice that fines start… However, it’s undeniable that the fines are not a really effective weapon to combat non-compliance.

    Those who don’t fix the problem are fined, and if the fines are ignored, we place a lien on the home (120 or so days later). It is the dumbest thing in the world to have to lien someone’s home because they won’t pick up the rotting fruit in their front yard or pull their weeds…but we’ve had to do it. Fines don’t always “make” an owner care. And we can’t fine renters – the owner gets the fines – so when the owner is a long-distance landlord, it gets even more difficult to make some of them take action. Although the CC&Rs give us “authority” to enter a lot to make repairs, including cleanup and weed pulling, it is a step we are reluctant to use for a number of reasons.

    Mark Racicot
    Vice President, The Orchards HOA BoD

  7. Arina says:

    Thank you for your attention Mark. I am glad you were also looking into changing the bus stop location. Just today I noticed a brick somehow pulled off and thrown into the sidewalk next to the gate. I picked it up and placed it back where it went, but that will need to be repaired. I wouldn’t be surprised if it was those bus stop kids… Also the sign they drug out yesterday is in pieces today…

    So, I already contacted APS and APS transportation. I have spoke in great detail to the person who handles the bus stop changes and she is changing the location. I had to provide photos of the vandalism (which I did) and submit a complaint (which I did). I also made time today to call Harrison Middle School to make a complaint there as well. The lady I spoke with assured me the bus stop would be changed within a few weeks. Of course you can count on me to make sure this will be followed through…!

    Hopefully once the change is made, we can get the HOA to help repair the outside of the gate– trash, graffiti, replant, etc.

    And about the courtesy notice, I am not upset about it. On the contrary, I am glad those are given out to keep the homeowners in check. I am just upset that I got one for a near perfect appearance and others have and continue to have trashed properties. I realize this is a frustration for you and many others also. It’s like you getting a “weeds” notice for a few out of place weeds and then the house a few homes down has weeds constantly over growing. Maybe we need to come in and help clean up properties, especially if they are foreclosed/ for sale. I would be happy to help on that.

    As a suggestion: maybe we need to have more contact with offenders. If the HOA is just sending letter after letter, maybe a

    As for the security– I found the response on that as well: They are only scheduled or contracted by the HOA for certain hours– I think like 2-6am or something like that. So, that is why they gave me that response. They said if we want them to look out for those kids around the 7-8 time frame, we’ll have to adjust/ add to the contract. BUT hopefully with the bus stop being moved, this will be a moot point.

    I will let you know any updates on the bus stop issue. Also, if you would like any of the forms I submitted or the photos, just let me know and I can send them to you.

  8. Arina says:

    Somehow sent without being finished with the point:…..

    As a suggestion: maybe we need to have more contact with offenders. If the HOA is just sending letter after letter, maybe a door knock and visit or phone call the homeowner AND tenant letting them know that if they continue to not comply, a lien will be given. If nothing is done, slap the lien and make sure they know there is a lien. Perhaps there is a way to limit access to certain things, like the pool for offenders?

  9. Mark says:

    Arina-

    Thanks for taking the time to call APS. If you would, please call Pat at enTrust (262-2000) and let her know who you talked to and what they said. Pat is also trying to get APS to move the stop, and if your efforts can be paired with hers, that will help immensely.

    What enTrust does for our recalcitrant residents is pretty much industry standard… Send a courtesy notice, then send violations if the condition is not remedied. Because a lien is a formal legal action, there is notice given to the owner when the lien is placed. Although it isn’t required, enTrust does make calls sometimes, but given the number of communities they are managing, they do it when they have resources to do so.

    As for limiting access, we already shut off pool access when a person has an outstanding fine, outstanding assessment balance, or a lien. However, that is only effective (a) if access to the pool matters to the person, and (b) during the summer when the pool is open. The pool is the only thing we can limit access to. By law, we can’t shut off a person’s gate card or remote…the law sees that as equivalent to an eviction. So, essentially, we’re limited to fines and liens. Of course, fines continue to accumulate – the top-most fine is repeated each month the violation exists. We eventually collect, either when they person gets tired of the fines or when they sell, but that does nothing to alter the appearance of the problem.

    Mark Racicot
    Vice President, The Orchards HOA BoD

  10. Mark says:

    To Jim’s comment from 10/3: Fines are a way to bring parents’ attention to their kids’ misbehavior. The problem: who are the kid’s parents?

    As was pointed out in another thread, communication between residents can avoid a lot of unpleasantness. If you know the kid’s address, perhaps you can talk to the parent and let them know your concerns so as to avoid a serious incident.

    Failing that, enTrust can send violation letters and then fine the resident if nothing improves. If you can send Pat pictures of the kid in the act of trespassing along with the address where s/he lives, Pat will start that process…but a calm neighbor-to-neighbor discussion would be faster.

    Mark Racicot
    Vice President, The Orchards HOA BoD

  11. Arina says:

    Getting the bus stop moved was not a difficult process– so I am not sure what Pat is “trying” to do. It’s just taking the time to get it done. Unfortunately I have tried to call Pat twice before I decided to post the issue here. Both times I left a message and have received no return calls, hence why I decided to take care of the issue myself.

    Anyway, the stop is getting moved, regardless. I have been assured of that.

  12. Jim says:

    @ Mark;

    A neighbor-to-neighbor chat, eh? Aren’t you that same guy that said to absolutely NOT do that to the guy that ratted on me to the cops on the BB gun thread? Not to pick a fight man, but we argued for days about the best approach to problem solving in respect to talking to neighbors, and your advice was to bring it to the HOA Board, not to the individual.

    I don’t know my neighbor very well. At all in fact. He seems like a pretty cool cat, but frankly, it’s not my responsibility to tell him how to raise his kids, nor do I have any desire to go knock on his door. After all, he may answer it with a BB gun in his hand, eh, and really start raising some hell.

  13. Mark says:

    Jim… ROFL. I knew to whom I was responding, and of all the responses I got back, your actual post was the last thing I thought I’d see:

    Not to pick a fight man […]

    No, sir, your post is specifically intended to start another fight. I had a nice reply typed up, but no…I won’t feed your need to keep the argument going. If you can’t -or won’t- see the difference in risk between approaching armed individuals and knocking on your neighbor’s door, then you don’t even have 1% of the intellect I gave you credit for based on your BB Gun posts.

    Ultimately, how you act is your call. From the HOA’s point of view, you have some choices.
    1. Try to work it out with your neighbor – just don’t put yourself at risk in doing so.
    2. Try to figure out where the kids live so you can report it to enTrust. After all, we’re paying enTrust to enforce our rules – they’ll be the “bad guys” for you. (You still haven’t answered the question: “Which parents should enTrust call?” Don’t post the answer here, obviously, but tell enTrust.)
    3. As in #2, except you call the cops because the kids walking on the walls are, whether you agree or not, trespassing on your property.
    4. Do nothing.

    I hope the board can rectify this.

    Whatever your choice, please remember that the Board and the HOA cannot rectify these problems until residents help out by providing the information needed to address them. “Yeah… Me, too!” doesn’t cut it.

    Mark Racicot
    The Orchards HOA BoD

  14. Jim says:

    @Mark:

    Hey now, man. Don’t get all bent outta shape. I was just being sarcastic. Lighten up a little.

    Since it’s gotten cooler outside, and the kids play outside less, I’ve had a lot less problems. But once it gets warmer again, they hop around on there all day long. I’ll have more of an issue once spring rolls around.

  15. Paula says:

    Arina,

    When will the bus stop be moved? With the cold weather the front gate is crowded with parents dropping off their kid. Sometimes I take the side gate to avoid the mess.

    Paula

  16. Arina says:

    Paula–

    Yes, I have noticed that the bus stop has not changed either. I was reassured that it was going to be changed and at the meeting, Pat was certain that it changed as well… It has not. I called APS last week because I saw the kids at the bus stop still and found out that the bus stop had been changed administratively, but not effectively, meaning that the order/request was sent from APS to the bus contractor but the contractor did not comply. So the lady at APS –Lynn, told me she would call the contractor again to see what was going on. Lynn told me to call back Wednesday (yesterday) if I didnt see the change.

    Well, you can bet I called. She was very upset and said she would make another phone call. She is to return my call today. I will post her update.

    Meanwhile, I was happy that she actually came out to see what was the problem and she said she was shocked to find not only the damage but that there is over 35 kids at one stop! She is dividing the stop into two locations.

    I will keep on this and will keep you and everyone updated.

  17. arina says:

    Lynn at APS called me on Friday– she physically contacted the bus driver. Turns out the bus driver was not instructed to change stops. The bus driver is now aware of the change and we should be seeing it by Tuesday. Keep in mind, this is for the 7:45 bus stop (the middle-schoolers).

  18. Paula says:

    Arina,

    It looks like they changed the stop to the community beside us. I was running late this morning and I saw the kids gathering there. Good work!

    Paula

  19. Arina says:

    YES!! Awesome! Thanks, Paula!

  20. shawn says:

    I just had to write here. I’ am one of the teenagers living here, & yes me & my friends jump walls, & climb things. It is a sport called parkour, & free running. You may have noticed less of this since my friend has moved, & I’ am very busy. But if you see me hopping walls, don’t get all suspicous. I even pick up trash sometimes when I’m doing my sport. I never vandalize, or cause trouble, & I’m a nice guy. We never go into properties of which are in rent, or ownership. & we usually use the empty lots around here. Oh & regarding the vandalism at the bus stop. You can seriously not blame all of us for that. I’ve been going to that busstop for a long time & everyone is so tired, we never really move… no kicking rocks, & such. But I have seen some children messing things up, & I tell them to stop because alot of the kids around here skate, including me. Just wanted to let all of you know! :)

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