On the Terrace

February 2002

This is the first issue of the new year. The purpose of On the Terrace is to inform homeowners of matters that should be of interest to them as homeowners and as members of this community. We welcome any suggestions, news items or ideas. The newsletter is published by your Board of Directors. Please forward your ideas to any board member or the editor.

Elections. In January, elections were held for two, three-year memberships on the board. Elected were Surinder Juneja and Nick Holst. Their terms will expire in January 2005. Following the election, the board elected officers for the current year. The new officers are Surinder Juneja (President), Nick Holst (Vice President), Dave Conn (Treasurer), and Charles Stansfield (Secretary).

Finances. The Association ended 2001 with a surplus in its annual budget. The surplus was transferred to the reserve account. The association earned $3600 in interest income on the reserve in 2001. Some of the major expenses incurred were as follows: Repair and maintenance of the common areas-$6192; Lawn maintenance-$13,653; lawn fertilization-$1,773; trash removal-$6,885; property management services (MTM)-$12,600.

Property values continued to improve in 2001. Garage units on Mist Haven appear to be worth about $350,000. The outlook for 2002 is good, as there is a shortage of homes on the market, which, along with low interest rates, will keep our property values climbing. Of course, as we have all seen, the increase in property values is generating a hefty increase in property tax revenues for the County. If taxes are of concern to you, you may wish to click on to www.mdtaxes.org.

New county ordinance. Last fall, Montgomery County passed an ordinance that requires all property owners and occupants to remove snow and ice on sidewalks on their property and adjacent public property within 24 hours after a snowfall. The ordinance requires that the individual homeowners within a homeowner association must clear the adjacent common sidewalk. While this new ordinance fixes responsibility on the homeowner, the HOA board may continue to provide some sidewalk snow removal services.

Crime. During December, there were three break-ins at Cloisters townhomes. Then, in January, there were several thefts of tires and rims on Pine Haven and Tuckerman. The police are aware of the problem. If you see anything suspicious, please call the police.

HOA prevails in parking dispute. The Association prevailed in a dispute over its parking policy which was challenged by former resident and Board member Robert Oshinsky. The Montgomery County Commission on Common Ownership Communities ("CCOC") ruled on July 25, 2001, that the Board’s Administrative Resolution of July 15, 1996, is valid. The Resolution provides that: (1) each unit owner receives two parking permits for parking in common area spaces; (2) towing of automobiles that do not display a permit will take place between midnight and morning hours; and (3) visitors should park automobiles on the county road, Valerian Lane, and not use common area parking for homeowners.

Mr. Oshinsky challenged the Board’s policy before the CCOC, a county administrative commission that can decide disputes between Homeowner Associations ("HOAs") and residents. Mr. Oshinsky contended that each unit owner should receive two assigned parking spaces, and that towing of cars parked illegally should begin at 6:00 P.M. instead of midnight. Mr. Oshinsky brought this challenge despite the fact that the Board revisited the parking issue, surveyed residents, and declined to change the policy begun in 1996, on several occasions, and as recently as July 2000.

The CCOC held that the Association’s Declaration of Covenants and Restrictions never provided that each resident would have two assigned reserved parking spaces. The CCOC also found that the Board never adopted any other policy or resolution that would enable residents to claim that they have two assigned reserve parking spots in the HOAs reserved parking area. Instead, the CCOC found that the Board’s Resolution of July 1996, subsequently upheld and reaffirmed by the Board, is enforceable and binding on unit owners. The CCOC also held that the parking policy questioned by Mr. Oshinsky is "uniform in its application and reasonable in its effect." Finally, the Commission noted that because the Board had not acted in bad faith or with fraudulent intent, stating "a Board of Directors’ business judgment regarding the matters within their scope and authority is not subject to intervention by the courts or other quasi-judicial agencies."

The bottom line is that the Board, with resident input, may make administrative policies for the Association, so long as they do not conflict with the original Covenants or with county or state law. Individual residents cannot use the courts or administrative agencies to overturn reasonably adopted Board policies simply because they disagree or support a different policy.

The case is: Oshinsky v. Timberlawn South/Tuckerman Walk Homeowners’ Ass’n, Case No. 494-0 (C.C.O.C. July 2, 2001). The seven page Decision and Order is available. Please contact: Mike Potter, c/o MTM Management Associates, P.O. Box 506, Damascus, MD 20872 for a copy of the Decision and Order.

More on Parking. Some homeowners have expressed concern about cars parking on Valerian near the intersection of Pine Haven and Mist Haven. No car should park within 10 feet of the intersection, since this obstructs the view of cars emerging on to Valerian from these streets. If an accident occurs, the car obstructing the view could be liable.

Construction begins on new Strathmore Arts Center. Work has begun on the 2000 car parking lot for the new Strathmore Arts Center. Work on the 180,000 square foot building is scheduled to begin this fall and be completed in two years. The new Strathmore Arts Center (SAC) will become the music showcase of Montgomery County. It is to contain a 2,000 seat music performance hall, plus numerous rooms for smaller musical events. The building has been designed by the same architect who designed the acclaimed Seiji Ozawa Hall for the Boston Pops. Seed money for the SAC is being provided by the State and the County, with the remainder to come from private donations now being sought by the Strathmore Hall Foundation.

The SAC will offer classes for serious and amateur musicians and there will be daily recitals, performances, and lectures. It will house the Levine School of Music, and will be the alternate home of the Baltimore Symphony Orchestra, which will present concerts there throughout the year. The SAC will become the second most important musical facility of the DC area, after the Kennedy Center.

The Strathmore Arts Center complex will bring more traffic congestion to our neighborhood, but our great location will make it easy for us to walk to performances there. We may end up with professional musicians living here among us. The new SAC should be good for our property values, too! For more information, click on to www.strathmore.org.

Winter Damage. Some homeowners have used salt on icy sidewalks in the past. Unfortunately, salt causes cement to decompose, resulting in damage to the pavement. The board had to repair and eventually replace these sidewalks at considerable expense. If you wish to put something on icy sidewalks, use Ice-Melt, Peladau, sand, or cat litter. Please do not use salt.

Paint. As Spring weather approaches, many homeowners will contract to have the exterior of their home painted. Please remember that units must be painted using the original McCormick brand paint colors. If you do not have a copy of the color scheme, please call MTM Management to get the McCormick color codes for your unit. When you have your unit painted, be sure to supervise the painter. Make sure he paints the chimney box and the rakeboard that goes over the roof.