Windmiller Ponds HOA

The Windmiller Pond Trustees met on 03/22/2012.  We asked the neigborhood what kind of improvements they would like to see in the community and received the following feedback:

• Plan a neighborhood spring clean up that would include neighborhood children involvement.
• Plant perennial at entrance way of neighborhood.
• Install another stone boulder at the other entrance way of Gray Drive.
• Weed beds at the entrance ways of neighborhood
• Stain fence posts around pond
• Pick up neighborhood trash

We listened and plan on getting estimates on all of the above work.  We also would like to plan a neighbhorhood clean up for Saturday, April 28th to begin at 9:30am.  We hope to make it a memorable event, by providing free beverages, obtaining free gift certificates or cards and have a raffle drawing. The goal of the event is to clean up the neighborhood and come together as a community.  If you are interested in helping to organize or volunteer for this event, please email:  windmillertrustees@gmail.com

Please note, if you have a fence that has not been approved by OMNI read the below information and submit your applicaton to OMNI.  To receive an application for fence approval, go to:  http://omnihoa.com/ and then to Design Review Board Standards tab to download an application.

If you have fence constructed on your property and it has not been approved by OMNI, please submit for fence approval before, April 1, 2012.

FENCES AT WINDMILLER PONDS

The Board of Trustees met with the Association’s Management company and attorney, and reviewed the terms of Windmiller Ponds’ deed restrictions.  Particular attention was paid to the issue of fencing in the community, as the Board is aware that there are fences in the subdivision that may have been erected without the formal, written approval of the Association.  There has also been discussion that the Board is aware of, regarding whether the Owners in Windmiller Ponds desire a change in the fence standards that are contained in the restrictions.

The current fencing requirements in Windmiller Ponds are:

1. Fencing located on or within ten feet of a property line may be no taller than forty-two inches (42”), and must either Split Rail, White Rail, or Picket (and if picket, must be white or wood), each such style to be as shown on an Exhibit to the deed restrictions;
2. Fencing that is more than ten feet (10’) away from property lines may be, but does not have to be, taller than 42”, and may be stockade and/or other styles of fence, including the same fencing that is allowed on lot lines.  However, no chain link or metal fences are permitted anywhere on a lot (wire mesh attached on the inside of split rail fencing is permitted, and wrought iron style vinyl fencing is permitted);
3. Fencing around an in-ground swimming pool is permitted, but such fencing must meet Pickerington’s requirements for such fencing;
4. If a fence meets the foregoing requirements, Association approval is not required, but it is highly recommended because any deviation from these requirements will subject the property owner to the risk of being required to modify or remove the fence.

In reviewing the Deed Restrictions, the Board determined that there are ambiguities in the fencing language that the Board has the authority to clarify, and as part of doing so, the Board has determined that scalloped or arched fences are permissibly consistent with the fence styles depicted in the Deed Restrictions and therefore will be allowed; and that vinyl picket fencing is approvable as a lot line fencing as long as it is white.

The Board did not deem it necessary or appropriate at this time to seek modifications to the deed restriction terms relative to fencing, and fences that do not meet the existing requirements may be subject to enforcement action by the Association.

Windmiller Pond Board of Trustees (Debbie Weber and Andora Jeffers-Marshall) are meeting with OMNI (Dave Dye and Debbie Wilson) on Thursday, January 12th at 6:30pm at Rule 3. As a courtesy, Casey Grimpe (past Trustee) is kind enough to join us. Is there anything you would like us to address in our subdivision?  This is YOUR meeting. If you would like any issue within our subdivision addressed, please let us know via email. Thank you.

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NOTICE OF NON-PAYMENT OF OUR ANNUAL $125 HOMEOWNER’S FEE

As a resident of Windmiller Ponds subdivision, please be aware that if the annual fee of $125 is not paid, the following actions are taken by OMNI (our management company). 

OMNI will…

1. Send a letter of violation letting homeowner know they are late.
2. A  second letter is sent asking them to please comply, if they do not comply in the allotted 30 days, they are asked to pay $175.00 and $5.00 a day each day after for non-payment.
3. If 30 days are missed, an invoice is sent with a 3^rd letter.
4. If still non-compliant, the homeowner is taken to Fairfield County Small Claims Court in Lancaster, Ohio.
5. It costs us (Windmiller Pond homeowners) a nominal amount of money to go after residents who do not pay their annual fee of $125.   As a result, the homeowner is required to pay court fees as well as their late fees.

Please pay your annual homeowner’s fee of $125 to avoid additional charges, along with court fees.

After much discussion and many meetings, this is the official letter from OMNI regarding fences in Windmiller Ponds.  If you do not have an approved Design Review Board (DRB)  from OMNI for your fence, we strongly recommend that you apply for one now. Please keep in mind, that as new Board members are elected each year, fence rules can change.  The following letter is directly from OMNI.

September 1, 2011

The Board of Trustees met with the Association’s Management company and attorney, and reviewed the terms of Windmiller Ponds’ deed restrictions.  Particular attention was paid to the issue of fencing in the community, as the Board is aware that there are fences in the subdivision that may have been erected without the formal, written approval of the Association.  There has also been discussion that the Board is aware of, regarding whether the Owners in Windmiller Ponds desire a change in the fence standards that are contained in the restrictions.

The current fencing requirements in Windmiller Ponds are:

1. Fencing located on or within ten feet of a property line may be no taller than forty-two inches (42”), and must either Split Rail, White Rail, or Picket (and if picket, must be white or wood), each such style to be as shown on an Exhibit to the deed restrictions;
2. Fencing that is more than ten feet (10’) away from property lines may be, but does not have to be, taller than 42”, and may be stockade and/or other styles of fence, including the same fencing that is allowed on lot lines.  However, no chain link or metal fences are permitted anywhere on a lot (wire mesh attached on the inside of split rail fencing is permitted, and wrought iron style vinyl fencing is permitted);
3. Fencing around an in-ground swimming pool is permitted, but such fencing must meet Pickerington’s requirements for such fencing;
4. If a fence meets the foregoing requirements, Association approval is not required, but it is highly recommended because any deviation from these requirements will subject the property owner to the risk of being required to modify or remove the fence.

In reviewing the Deed Restrictions, the Board determined that there are ambiguities in the fencing language that the Board has the authority to clarify, and as part of doing so, the Board has determined that scalloped or arched fences are permissibly consistent with the fence styles depicted in the Deed Restrictions and therefore will be allowed; and that vinyl picket fencing is approvable as a lot line fencing as long as it is white.

The Board did not deem it necessary or appropriate at this time to seek modifications to the deed restriction terms relative to fencing, and fences that do not meet the existing requirements may be subject to enforcement action by the Association.

Hey Neighbors! I am so sorry for the delay in posting. We covered much of what we covered at the last meeting.  Much of the discussion was centered around the fence issues.   It was agreed upon at the meeting that a ballot would be created to vote for changes to fence heights, styles, and allowing metal/aluminum fencing.  Please understand that the changes to the bylaws are strictly to protects existing fences.  There was also much discussion about why this has come up.  OMNI can not randomly drive into our neighborhood and fine and/or cite a home for something.  If a neighbor annonymously complains about a property, it is OMNI’s job to go to that property and verify that there is an existing violation, then and only then, will the homeowner get a letter of violation.  Once the complaint is made, the ball is rolling and OMNI can not stop it.  There is no record of who made the complaint, so it’s origin can not be verified.  There is simply record that it was made.

I hope this helps clear up some of the confusion.  We are working diligently to find the best answer possible.

We also voted in new board members.  Melinda and I will all be stepping down. Please welcome Ed Starr and Andora Jeffers-Marshall as your new trustees. They have met further with OMNI, and will soon be updating all of you on the latest. Thank you for allowing us to serve this neighborhood over the past year!