May 19, 2006
To: Owners of Unimproved Lots and Home Construction Companies
From: Board of Directors, HBEHOA
Subject: Maintenance of lots during the home construction process
The Board of Directors acts for the HBEHOA to administer, enforce, and interpret the provision of Association’s Declaration of Covenants, Restrictions, and Easements (C&Rs). Before you begin construction of a home, you should familiarize yourself with the C&Rs (available at www.hbehoa.com). The C&Rs contain construction standards, a minimum dwelling size requirement, a 6-month time limit for completion of the building exterior, and provide for pre-construction architectural review and approval by the Board. The C&Rs also contain provisions for the maintenance of all lots and limitations regarding noise, activity, or conduct that would create an annoyance or nuisance to the neighborhood. These provisions also apply during the construction process.
Over the past couple of years, the Board has periodically responded to concerns from residents regarding how building sites are being maintained during construction and the activities of construction crews. The concerns have typically involved items such as
overflowing dumpsters;
construction material and debris scattered about the lot and on adjacent properties;
insufficient or improperly maintained silt fencing that allows dirt and construction debris to be wind blown onto adjacent properties, the public roadway, or into our storm water management system; and .
neighboring lots used for construction site access without prior permission from the owners of these lots.
The Board has also heard concerns from builders regarding residents dumping their garbage in construction dumpsters creating a foul smell on the construction site.
The Board recognizes that constructing a house in an established community such as ours is more difficult for builders and requires that builders pay greater attention to construction site management. Although for the most part builders have been responsive and taken corrective action when informed of the Association’s concerns, the Board hopes that builders will be proactive in managing their construction sites consistent with the attached expectations so that enforcement letters will not be necessary. The attachment also explains how the Association will notify a builder and the lot owner of any site management problems and the expectations for corrective action. Should issues arise and not be addressed by builders, the Board, upon advice of legal counsel, will enforce action by applying its fining procedures to the lot owner, who can then address the issue with his/her builder.
The Board hopes that the attached guidance provides a fair and reasonable process for protecting the interests of residents while providing builders the flexibility needed to do their job. For its part, the Board will remind residents to not use construction sites for waste disposal. The Board will also encourage residents as part of our Neighborhood Watch Program to be alert to any suspicious activity on construction sites so as to prevent theft or vandalism.
In closing, the Board hopes this communication will serve to foster an environment of mutual respect between the Board and builders. If you have any questions or comments regarding the attached document, please send an email to the Board at hbehoa@yahoo.com, a letter to HBEHOA at PO BOX 350668 Palm Coast FL 32135, or contact Board President, Paul Zacharias, at 386-445-8507.
Attachment: CONSTRUCTION SITE MANAGEMENT EXPECTATIONS AND ENFORCEMENT PROCEDURES
CONSTRUCTION SITE MANAGEMENT EXPECTATIONS AND ENFORCEMENT PROCEDURES (May 2006)
Builder Responsibilities:
Builders shall be responsible for the acts of their employees, subcontractors, suppliers and other parties involved in the construction or alteration of the home site.
Construction personnel are expected to be respectful of the rights of all home and lot owners in the Association. The workers shall obey traffic and speed limit signs in the neighborhood.
Once a lot has been cleared for construction, builders will take action to prevent sand and soil from eroding or blowing from the construction site to adjacent residents, ponds, or streets. At a minimum, silt fencing should be installed on the lot lines bordering dwellings and water detention ponds or canals. As wind conditions dictate, silt fencing should also be used at the front or side of the lot to prevent sand and soil from blowing onto or across the adjoining street(s), recognizing that the fencing can be removed during the construction day to allow for movement of people and materials. The adjoining street(s) should be cleared of dirt and debris.
Construction sites shall be kept clean and free of debris and waste materials. Uninstalled materials will be stacked in a neat and orderly fashion and removed from the construction site when no longer needed. Dumpsters for building materials will be properly maintained and removed or emptied when debris accumulates above the top edge of the dumpster.
Use of adjacent property for access or storage of dumpsters, material or equipment without the consent of the property owner is prohibited.
No construction work will take place before 7:00AM or after Sunset
Any non-construction noises, such as music, shouting and other sound disturbances by construction workers that can be heard by adjacent or nearby homeowners is prohibited
Other behavior, acts or omissions by construction personnel that are deemed offensive or disturbing to existing residents of the Association shall be prohibited
Builders will promptly respond to concerns raised by the Board’s Enforcement Officer. As a rule of thumb, issues should be corrected within 3 working days of notification unless circumstances dictate that a shorter or longer period is appropriate.
Enforcement Procedures:
The Board’s Vice President, Sara Clarke, (446-4693) is the Enforcement Officer for C&R matters. In her absence, Board President, Paul Zacharias (Ph: 445-8507) will perform her duties.
Residents should report any concerns about site management to the Enforcement Officer, who will serve as the Association’s representative in contacting the builder. .
The Enforcement Officer should evaluate the reasonableness of the concern and may ask for the view of any other Board member if the issue is questionable. If the concern is deemed valid, the Enforcement Officer will contact the builder by phone to inform him of the concern and attempt to resolve the issue informally
Should the builder be non-responsive to the initial contact, the Enforcement Officer, consistent with the Association’s Fining and Suspension Procedures, will send a letter or email to the builder and lot owner describing the violation, the lack of initial response, and establishing a date for compliance.
If compliance does not occur by the designated time, the Enforcement Officer should report the issue to the Board so that the Board can consider action to levy a fine against the lot owner in accordance with the Association’s Fining and Suspension Procedures
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