Update 01.12.2012 from Julie Staggers, President

Financial Update 

The dues rate for Opequon Center for Jan. 2012 will remain at $0.75 per sq. ft. owned.  Most condo associations in the Winchester/Frederick County area are charging $1.25 to $1.50 per square feet in dues.  We continue to have significant expenses related to roof repair.  Due to the increased expenses incurred this past  year, I have cut back on the money spent for landscaping and non-essential repairs.  I receive many requests for spending the Condo Association's money.  Some owners want to fix everything, while other owners want to fix nothing.  The Condo Association is legally obligated to pay for repairs to the outside of the buildings, the utilities, garbage collection, snow removal, insurance, etc. as outlined in the Condo Association Bylaws.  However, the Condo Association is not legally required to pay for everything requested by owners.  The Condo Association owns the buildings from the studs outward, and the owner owns from the studs inward.  Windows problems are a complicated issue that may or may not be the Condo Association's responsibility.  The actual window is owned by the condo owner.  Therefore, broken window glass is the owner's responsibility.   Many of the outside repair problems such as inadequate roof flashing, loose railings, crumbling sidewalks and chipping steps are the result of poor construction.  Ervin Development is no longer in business, and we have little recourse against Ervin Development unless we are willing to take legal action.  Legal action is expensive, and there is no guarantee of success.  Therefore, these problems are left to the Condo Association.  There are 27 owners in Opequon Center and 32 unit/votes.  Several units are vacant.  Many owners have indicated financial problems.  I am trying to balance the requests for spending with the request to save money and not raise the condo dues.  At the 2011 annual meeting, the owners that were present voted not to fix every outside problem that needed to be fixed (repairing steps and sidewalks).  In order for our Condo Association to run smoothly, all owners have to look at the big picture (and not solely their individual needs)  and make sound business decisions.  More money spent means higher dues.  Owners with larger units bear more of the costs than owners with smaller units.  Approximately half of the Condo Association expenses are paid by 5 owners.

Entrance Sign

In November I sent out information regarding changing the color of the lettering on entrance sign.  9 owners voted for no change and 6 owners vote for a change.  12 owner didn't vote at all.  If you don't vote and let me know what you want, do not call me and complain that you don't like what is decided.

Water Consumption

Water usage at building #3050 has fallen from a high of 49,000 gallons (Oct. 2010-$577.68) to a low of 13,000 gallons (May  2011-$178.05).   Water bills are being sent for excessive usage.  Most of the costs for installing the water meters were paid by owners that are not involved in building #3050.  Expenses like this could have been avoided if the owners involved had just paid for the water that they used.  If all owners cooperate for the good of the Condo Association, we will all pay less money in the long run.

Garbage Lock Combination Change

 The garbage lock combination was changed on 08.01.2011.  Please call 722-6700 to obtain the new combination.  Periodically changing the combination cuts down on unauthorized dumping.  Our garbage bill has been dramatically reduced by the stopping of unauthorized dumping.

Snow Removal

Snow removal is a VERY costly service.  At the 2011 annual meeting, owners voted not to change the snow removal policy.  The Condo Association will provide snow removal on the sidewalks and the parking lot when snow is more than 2” deep.  Owners are responsible for removing snow from the sidewalks when less than 2” is present.  Owners are responsible for making sure than renters comply with snow removal.  Owners that do not remove snow, will be charged the costs for third party snow removal.   Owner who do not follow the snow removal policy can be legally and personally held liable if someone falls due to lack of snow removal, even when the fall occurs outside of a unit on Condo Association property.  There is a minimal charge of $200 every time that the snow removal company comes to Opequon Center for any reason.  The average cost for one day's  snow removal is $1000 to $1200.  Please have realistic expectation regarding snow removal.  Not every patch of snow and ice can be total removed.  Our snow removal company does not have the equipment to remove snow from the property.  (This is very expensive even if they did).  Therefore, snow has to be piled somewhere.  The snow company will attempt to pile snow where it doesn't obstruct business parking.  However, in some areas of the property this may not be possible.  Therefore, some tolerance of snow piles will be necessary.  As snow melt and refreezes over several days, icy patches may develop.  There is a minimal charge of $200 every time that the snow removal company comes to Opequon Center for any reason.  It is not realistic, nor cost effective, to have the snow removal company come to Opequon Center to place salt day after day.  It is not realistic to expect the snow removal company to have every piece of side walk or pavement or the roof entirely free of snow and ice.

Roof Problems

There have been many roof problems with the buildings at Opequon Center.  Most of the problems are the result of improper construction by the original builder and/or subcontractors that placed the shingles.  Please report any roof problems as soon as they are detected.  Long-term leaks are harder and more expensive to fix than short-term leaks.  The condo association is financially responsible for fixing the roof, but is not responsible for paying for water damage to the condo unless the Condo Association is grossly negligent about fixing roof leaks.  Roof repair contractors are not available at night, on weekends or on holidays.  We will likely have to do major roof repairs in the near future due to poor initial construction

Signage

The first 15 feet of land immediately adjacent to Valley Ave. does not belong to the Condo Association.  It is the property of the City of Winchester.  Complaints about signage here should be directed to the Zoning Director, Vincent Diem at 667-1815.   NO SIGN CAN BE PLACED IN THE MEDIAN.  TEMPORARY BANNER SIGNS ARE NOT ALLOWED ON VALLEY AVE. FOR ANY REASON (The city will remove them as soon as detected).  This is a City zoning law, not a Condo Association ruling.  If you have questions about signage,  please call me BEFORE you have a sign made.

Parking

The parking lot is owned by the Condo Association, and no owner owns any particular parking spot.  DO NOT PARK ON CURBS WITH YELLOW LINES.  This is dangerous and is a liability issue for the Condo Association.  No owner can force any other owner, renter or employee to park or not park in a given area.  As a courtesy to businesses serving customers and offices serving patients, owners, renters and employees are asked not to park directly in front of these offices/businesses so these parking spots may be available to customers and patients.  Also, there is plenty of parking available in Opequon Center.  Some parking spots will be used to place excess snow, and some parking spots may not be completely free of snow and ice.  Please do not call me and complain that your favorite parking spot is not cleared when there are many other cleared parking spots available. 

Insurance and Fire Alarm

As a requirement of obtaining and maintaining insurance, all owner are REQUIRED to have a professionally installed and MONITORED fire alarm system.  This is also a requirement of the Condo Association document.  The Condo Association has taken legal action against owners who failed to comply.  Legal fees associated with this have been passed on to the owners that are involved.  All systems must be monitored at all times.  I periodically check on alarm monitoring to prevent owner deception.  Our fire insurance is based on all owners having monitored fire alarms.  If we have a building fire and the condo unit does not have a working, monitored fire alarm, the insurance company CAN DENY OUR REPLACEMENT COVERAGE.

Legal Fees

The Condo Association has incurred legal fees associated with enforcement of fire alarm installation and monitoring, on collection issues and other legal issues.  The legal fees are charged back to the owners involved.  However, all of this could be avoided if everyone pays their dues on times and complies with the Condo Association document. 

Pet Waste

Please clean up after your pets!

Cigarette Disposal

Please do not allow clients, patients and customers to dispose of cigarette butts is the mulch.  This has resulted in two mulch fires which could have destroyed the building.

Questions, Comment or Requests

Julie Staggers  722-6700  or  J8649@aol.com