1) Who owns the well pump and who controls its’ function?
2) Could you provide the name and number of the attorney
handling the lawsuit?
3) Whom do I send my plans to for review and is there
a plan review fee?
4) Who is cutting the grass on vacant lots in the
Highlands?
5) How do I get information on proper driveway culvert
sizing and installation?
6) What is a quorum and how does it affect voting at
Member meetings?
7) We have been told that our dues can be paid quarterly. Is this the
case?
8) Recently, I purchased a lot in The Highlands and am
hearing about a lawsuit to fix the roads and some lot owners don’t want
to participate in this suit. What would it cost per lot, if everyone paid
their share to fix the roads?
9) Upon reading the recently posted Parish Ordinance
dealing with the operation of motor vehicles and enforcement of traffic
controls in The Highlands Subdivision, Section 13-019.10.5 states, “It
is the responsibility of The Highlands Homeowners’ Association of St.
Tammany, Inc. to maintain and keep up the roads within said subdivision .
. .”
Yet, I’m hearing that the roads will be turned over to the Parish for
repair and maintenance. I’m confused. What is going on?
10) We were at our property cutting grass on Saturday and we noticed how
high the weeds are at the house that is located just inside the gate on
the left. Do the property owners or contractors building these homes have
any obligation to maintain the landscape during construction or while the
homes are waiting to be purchased?
Q: Who owns the well pump and who controls
its’ function?
A: Regarding the pump, the HHA owns it as part
of the transfer executed by Chris Jean on March 20, 2002 (see under HHA
“Conveyance”). As to who controls its’ function, the owner
does.
Q:
Could
you
provide
the
name
and
number
of
the
attorney
handling
the
lawsuit?
A:
You
can
contact
Ray
Burkart
through
his
office
in
Covington
.
His
tel.
#
is
893-3390.
Q: Whom do I send my plans to for review and is
there a plan review fee?
A:
Per
the covenants, plans are to be submitted for review and approval to the
Environmental and Architectural Control
Committee (EACC). The EACC Chairperson should be contacted (see Contacts).
Presently, the non-refundable
plan review fees are: $50.00 for house plans and $25.00 for additions,
alterations, accessory buildings, or fences.
Q: Who is cutting the grass on vacant lots in
the Highlands?
A:
Mr.
Paul Emenes (19313
Section Rd. Covington, LA 70435) has been cutting vacant lots
for the hay yield for several years. He cuts semi-annually in
late June and October. . Also, he will continue cutting vacant lots unless
requested otherwise by the lot owner. You can call Mr. Emenes at (985)892-2489
should you have any questions.
Q: How do I get information on proper driveway
culvert sizing and installation?
A:
Culverts must be installed only with the approval of the St. Tammany
Parish Engineering Department.
Prior
to start of construction, after being granted a permit for construction,
the builder is responsible for installing a ‘TEMPORARY CULVERT”. This
must be sized and pitched in such a manner that it assures proper drainage
in the ditch throughout the course of construction.
Upon completion of construction, the St. Tammany Parish CULVERT DATA
COMPLETION PROCEDURE must be followed.
In both cases (i.e., temporary and permanent installations) violations are
subject to code enforcement, because it is part of the permit process. You
and your builder should be aware of this process.
Q: What is a quorum and how does it affect voting at Member
meetings?
A:
A quorum is the minimum number of members of a deliberative body necessary
to conduct the business of that group.
In the
case of the Highlands Homeowners’ Association of St. Tammany, Inc. (HHASTI):
1) A quorum is 51% of the members (i.e., property owners), who are
entitled to vote (Re: HHASTI By-Laws Article IV Sec. 4 - “At any meeting
of the members, a majority in interest of the membership who are entitled
to vote shall constitute a quorum.”).
2) A member is entitled to vote if he is in “good standing”, (Re;
HHASTI Restatement and Amendment of Restrictive Covenants Article IV (e) -
“During any period of time that a Member fails to pay any Assessment
that is due or during any period of time that a Member violates any of the
published rules and regulations of the Association, such Member’s right
to vote and to use the Community Facilities shall be automatically
suspended,")
Q: We have been told that our dues can be paid quarterly. Is
this the case? I looked through the covenants and it does say that they
can be paid quarterly, semi-annually or annually. If this isn’t right,
let me know what the correct rule is and where it is listed in the
covenants because my neighbor is under this impression too.
A:
Please refer to our website, HHASTI.ORG, go to the drop down menu “Highland
News” and click on “Treasury Notes”. There you will see the
statement “1) Dues: Dues are required to be paid in advance each year,
either annually (by January 1) or semi-annually (by January 1 and July 1)
and will be considered delinquent by the 15th of the month due.”
Please
refer to the Covenants, Article V, Sec. 1, (g) which states “. . . Upon
resolution of the Board, installments of annual assessments may be levied
and collected on a quarterly, semi-annual or annual basis . . . “ The
Board felt it better to give two options to the Members as some felt two
installments would be easier for them to budget, while others just wanted
to pay in advance for the year.. And this was voted on and passed by the
majority of the Members eligible to vote at the March 15, 2008 Special
Meeting as part of Propositions 1 and 2. Please refer to our website. Go
to the drop down menu “Homeowner’s Association” and click on “Meeting
Minutes”.
Q: Recently, I purchased a lot in The Highlands
and am hearing about a lawsuit to fix the roads and some lot owners don’t
want to participate in this suit. What would it cost per lot, if everyone
paid their share to fix the roads?
A:
First,
the roads cannot simply be “fixed”. They must be replaced because
patching them is not a long-term solution and they didn’t comply with
Parish standards when they were constructed.
Secondly,
the lawsuit is not just about replacing the roads but also addresses the
defective/leaking lakes issues. The cost estimate replace the roads (see
our website under Highlands News – Roads) was $1,223,933.25 on September
4, 2007. There are 126 lots in The Highlands. Therefore, each lot would
have to be assessed $9,713.76.
Considering the substantial increase in oil prices, the cost of materials
(asphalt) and the cost to transport and install these materials will
certainly add to the above estimate.
Q: Upon reading the recently posted Parish
Ordinance dealing with the operation of motor vehicles and enforcement of
traffic controls in The Highlands Subdivision, Section 13-019.10.5 states,
“It is the responsibility of The Highlands Homeowners’ Association of
St. Tammany, Inc. to maintain and keep up the roads within said
subdivision . . .”
Yet, I’m hearing that the roads will be turned over to the Parish for
repair and maintenance. I’m confused. What is going on?
A:
The
facts are that the roads in the Highlands do not meet parish construction
standards (see APPENDIX B, CHAPTER 40 ST. TAMMANY) paying particular
attention to Sec. 40-032.
S40-032.0
STREETS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .. 7
40-032.01 Definitions Relating to Streets . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . ..9
40-032.02 Approval (Street Construction Plans Mandatory) . . . . . . . . .
. . . . . . . . . . . . . . 10
40-032.03 DOTD Standards . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . 11
40-032.04 Minimal Street Paving Design & Constr. Criteria . . . . . .
. . . . . . . . . . . . . . . . . 11
40-032.05 Additional Requirements for Streets . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .12
The Parish will accept private roads into their maintenance program, only
after the roads are verified to meet its standards by the Parish
Engineering Department. The roads then would become “public roads”.
However, since the Highlands was marketed as a “Private Subdivision”
the Parish Planning Commission would require an affidavit signed by each
property owner, agreeing to give the roads in The Highlands to the Parish.
Q: We were at our property cutting grass on
Saturday and we noticed how high the weeds are at the house that is
located just inside the gate on the left. Do the property owners or
contractors building these homes have any obligation to maintain the
landscape during construction or while the homes are waiting to be
purchased?
A:
Yes!.
The Parish Code Enforcement section of the Planning Department can enforce
this requirement as well as answer any questions about code violations.
Mr.
John Dillon, code enforcement officer for our area, can be contacted at
(898-5214) if you have concerns about any code enforcement issue.