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Reported Problems

The Rules and Regulations were written and legally adopted by Muir Woods for everyone to promote and maintain a nice looking, well maintained community that would benefit everyone in the community in life, life style and in potential property values.  Every owner received a copy of these Rules and Regulations when they purchased in Muir Woods and not one single owner has any excuse whatsoever for not reading and fully understanding and fully complying with those Rules and Regulations.  The comments below are reported problems from members and thoughts and opinions of the writer.


SOMEONE'S BANKRUPTCY WILL COST YOU

Did You Know?  If one of the Muir Woods HOA Members/Owners files Bankruptcy, the Association must get in line to get a portion of the potential asset distribution which typically is zero and the rest of us unfairly pay their share.  But, if one of the Muir Woods HOA Members loses their property without filing for Bankruptcy, they are still fully responsible for the monthly HOA fees and can be sued for those fees until someone takes over the property (Mortgage Lender or Buyer) and they then become responsible for those fees. 

A comment has been made that at one time 21 homeowners had not paid their Association Fees causing a shortfall in the $5,800 monthly HSE Sewer Bill payment.  It has been suggested that the Bylaws be amended to remove the Sewer Bill from the dues.  If they don't pay, HSE can promptly lien their property and may be in a position to have their water turned off in the process.  Maybe the Board should sue these folks immediately after the second missed payment.  This By-Laws change request should receive quick approval by all of our responsible members ... only those who don't like to pay their bills would refuse to vote. 


 

We have 172 homes in Muir Woods.  It takes the care and concern of all owners to insure that our subdivision maintains its visual appeal and property values. 

 

Take A Look At Your Landscaping, Bushes and Mulch ... sadly the bush trimmers continued on with 'on the job training' this year.  New mulch was put down in 2010 very thinly ... The previous described over-mulching apparently never did actually occur ... now we have  so-so mulch with a relatively nice crop of new weeds flourishing in the beds and the lawns.  The 2011 mulch, installed in July, was rather sparse and disappeared by October.

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Considering the extremely poor handling of the ice and snow during the first week of February, 2011, we are sure that BAM won't be using Muir Woods as a reference for new customers.  Five days of treacherous snow and ice is a bit much.  Of course, there were apparently few problems with snow and ice removal by BAM for their work for the Town of Fishers.  And to top everything off, we were then forced to pay a special HOA Assessment for the job.

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Exterior Lighting is a serious Security Issue.  You are responsible for the exterior light bulbs at your property.  This outside lighting at your garage and your walk way or porch is very important for the safety and security of your home as well as for the neighborhood.  If you are not concerned, this issue could easily become a necessarily forced issue from the Home Owner Association and your Board of Directors resulting in a charge to you for replacement of those light bulbs.  How much would you be willing to pay to have the bulbs replaced on a, perhaps, once monthly basis? $5.00, $10.00 per bulb?  Or, perhaps you could do it yourself ... or have a neighbor assist you.  Notifications have been placed on Garage Doors in the past to assist in determining that your exterior lighting is not functioning and requires repair or bulb replacement.  Apparently some folks just can't read.  By the way, burglars love you!

 

The Board of Directors has acknowledged responsibility for the wood decks in Muir Woods.  The Declaration of Horizontal Property Ownership and the By-Laws discuss Common Areas and Limited Areas and specify who is responsible for things like garage doors, doors, windows and screens but do not specifically discuss wood decks.  It does say at one point the the Owner is responsible for Limited Areas that are reserved for his use (would a second level deck not accessible from the ground be reserved?). However, the Board of Directors had the exterior sides of the decks repainted and will start scheduling repainting of the unit doors.  Some wood decks are in serious trouble as apparently few have ever had any wood treatment.  Problems include warped and cracked boards, and lifting nails and screws.  Some of these events are causing more difficulties to those under the decks.  Delayed maintenance is causing what could have been preventable deck replacements at probably everyone's expense.  A repair person is repairing some of the deck problems.  Report your problems to Omni Management to get on the schedule.

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Trash and Recycling containers are not to be out until after DUSK the night before collection and are to be taken INSIDE by 6:00PM the day of collection. Putting unsightly containers out on Thursdays and Friday is inconsiderate of others in the neighborhood.  Outside storage of Trash and Recycling Containers is prohibited.  Obviously, some folks can't tell time or just don't care.  Perhaps someone could arrange to have the offending containers removed to the club house parking lot.  The owners could then pick them up at that location for a small fee rather than at the end of their driveway.  A Note: If you have trash for pickup that does not fit into the approved container, you should contact Republic for a special pickup ... they usually won't pick it up without the call. 

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Parking in the Roadways is becoming less of a problem over time except North of the Clubhouse on Muir Lane and on the turnarounds.  It is a fact that the roadways were designed for driving and not for parking.  There are no curbs and the roadways were not designed to be wide enough to become parking lots.  Vehicles parked in the roadways really should have their Emergency Lights on at all times.  It is obvious that some people apparently don't have enough sense to know where the roadway ends and the lawns begin, thus damaging the lawns with tire ruts. Property owners, visitors and contractors cause these problems ... the individual owners should be billed for the repairs.  I was personally informed by one owner that 'as he paid the monthly fee he could therefore park in and damage 'his' lawn if he wished!'  (The home owners expect the Association to repair the damage for free ... the Association is US!).  The FedEx and UPS drivers have both stated that they must turn around in driveways because of the parked vehicles in the turnarounds.  There has been conversation regarding installing curbing in Muir Woods.  It would obviously be a help from 106th to the Club House to make it more difficult for people who like to park in lawns on that part of the roadway.  It would also control some of the water draining into the street from over-zealous lawn sprinkling and underground water sources flowing into and destroying the roadbed.  Cobblestone at Eagle Creek has just completed the same task at their entrances with the exactly same road and drainage types.

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Two Car Garage plus a Drive Way equals 4 vehicles.  Muir Woods was designed to provide 4 parking spaces per owner PERIOD!  Guess where your Guests should park?  In the driveway and not on the roadway! There is additional parking at the Club House or, perhaps, even in a neighbors driveway if you ask.  And, what happens if you have 5 vehicles?  Park the extra vehicle in the Club House parking lot (temporarily) until you can arrange for off-premise vehicle storage.  Vehicles stored temporarily at the Club House should be parked toward the rear as a courtesy to the people desiring to use the Clubhouse, the Pool and the Exercise Room.  There is no parking on the turnarounds on Muir Lane, Wadsworth, Huxley or Winslow.

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Boats, Campers and Commercial Vehicles are never permitted for overnight parking in Muir Woods (certain owners take advantage of this on weekends).  The Association should have them towed away promptly at the owner's cost.  By the way, putting lipstick on a pig results in a funny looking pig with lipstick.  Covering up the name of a commercial vehicle with a blank magnetic sign is pretty much the same thing.

 

Over Zealous Lawn Sprinkler Systems are easy to identify by looking at the damage to Muir Lane. They are obviously a major cause of damage to the roadways in Muir Woods.  A secondary cause is excessive ground water in certain locations.  Property owners who have sprinkler systems installed should have also had French drains installed to dissipate the excess water that is damaging the roadways.  At least, they could have the sprinkler heads diverted to control the amount of water flowing onto the streets ... or, they should be assessed annually to repair the ongoing damage.  No lawn in Indiana requires daily watering unless it is a golf course green.  Per the Citizens Water Company, daily watering promotes short roots and lawns that cannot handle drought even with daily watering.  Once weekly watering promotes long roots and a better lawn ... and saves the association a lot of money for the community water paid for by your HOA fee. People who water daily and damage the roadways are just plain inconsiderate.  The HOA should have long ago installed French drains at other locations where ground water runs into the roadways.  Roadway repairs have now been required multiple times since 2004.  And, we now have multiple chuck holes on Muir Lane. The roadway is now in very poor condition and continues to deteriorate.  That will soon result in a rather large 'capital expenditure' in the near future.  

 

The entire complex was roofed with 25 year architectural shingles from November 2010 through February 2011.  A Special Assessment was not required as the roof job was covered by an insurance settlement from Nationwide Insurance several years ago.  Some buildings also received gutter guards to control leaves. 

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Lantern Road School Zones - Steve Pickett of the Fishers Police Department at 595-3376 stated on June 21, 2010, that school zone enforcement occurs only during times when school is in session ... obviously the signs should be changed to reflect that policy.  You should personally verify this statement and keep his name and phone number in your vehicle when driving in the vicinity.  Perhaps this will eliminate problems caused by those who 'push' you along 106th Street and those who will pass you on the double yellow lines.

Something else about School Zones - who are they protecting?  The kids, the so-called soccer moms, or are they just places that cops can give tickets!  School Zones in the area run from 15 mph to 40 mph, control different time frames, control different days of the week, and in many instances have absolutely no bearing whatsoever on the children the laws were designed to protect.  Why would a school that sets 1,000 - 1,500 feet from the roadway with a fence around it need a school zone?  Especially when the kids play at the back of the school!  Obviously, there are many useless laws out there designed without thinking about the costs of gasoline or the costs to the violators of rather outlandish placement of School Zone signs (behind bushes comes to mind).  Have you ever driven through a School Zone where you could not even see the supposed school ... is it really there? Is a School Zone with a start sign but no end sign actually legal?

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Reported Tips and Information for you ...

Some Baldwin Owners have problems with the owners living overhead in the Chateau models.  Hills representatives LIED when they assured buyers verbally that only an occasional loud thud might be heard from upstairs neighbors if something was dropped or perhaps a heavy object was moved.  Apparently, that was not ever the case and Hill's knew very well that it was not ever not the case ... they did investigate several solutions but decided it was not worth the $300.00 cost to them.  The standard Hills purchase contract stated that nothing verbal would ever be considered for any reason whatsoever and you agreed when you signed it.  This is, in effect, a fraudulent cover-up ... and yes, they did get away with it!  And, yes, you are or will pay for it! 

It has been reported that some of the folks living in the Baldwin homes can and do hear loud music especially with a heavy bass, loud conversations as well as noise from vacuum cleaners (please don't sweep carpeting at midnight), dishwashers, out-of-balance washing machines and out-of-balance dryers (again a problem at midnight), water softener re-cycling in the middle of the night, furnace blowers, stereo systems with earth shaking bass speakers, radios and TV’s, hard sole and high heel shoes, closing of front doors and sliding doors, closing of drawers, voices and even bedroom activities, barking dogs and their toe nails on the floor, the neighbor’s garage door opening and closing, outside water spigots turning on and off, and believe it or not the blowing of one’s nose as well as the tinkle, tinkle of using the bathroom.  Owners have the legal right to be free of unreasonable levels of noise. You do have to put up with some reasonable amount of normal living noise.  Most owners of condominiums know this fact ... and it is really no big deal; however, expensive LEGAL ACTION is always a possibility.  The owners and tenants of the Chateau units must take care to minimize interference with their neighbors below. 

The problem can result in legal action against the Chateau owner.  Complaints to offending owners or tenants and owners must first be put in writing to those owners.  You should also contact the Fishers Police to get their assistance.  In most cases, your written complaints plus intervention by the Fishers Police will solve the problem.  If you are forced to move due to excessive noise, you may be entitled to receive compensation from the offender in Small Claims Court or even Superior Court.  Privacy is just not what you may think it is.  The writer presented a low cost workable solution to the problem to Hills ... it was ignored completely.  There still is a solution, the spraying of sound deadening foam into the 18" space between floors, but it would be rather costly to implement at this time.  Hills knew of this solution, but refused to spend the few bucks it would have cost to resolve the problem.

Refrigerator water leaks from a Chateau will run through the entry ceiling of a Baldwin.  Water leaks from a shower will run through the master closet ceiling.  Water heater and washer leaks will run through the master bath and hall ceiling of a Baldwin.  Your upstairs neighbor is responsible for the repair of the problem and the repair to the damage done to your property.  Your insurance probably does not cover the damage created by them (although State Farm does).  You have a legal right to access that owner's insurance and, as a last resort, file suit for compliance.  Also remember that your screened or glass enclosed patio is not covered by the Muir Woods HOA Insurance Policy.

Speaking of water leaks, if the unit next to or above you does not have the heat on for some reason and the temperature drops below perhaps 20 degrees for a period of as little as 3 days, water pipes could break and require a complete remodel of your home.  It has happened in Muir Woods!  You must speak with your condo insurance representative to make very sure that you are covered by water from above and from the next unit.

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There are 172 homes in Muir Woods.  From a financial standpoint, this means that it costs you, personally, $1.00 each time the Association is required to spend $172.00 for anything whatsoever.  That is what your monthly Association Fee is for.  Excessive expenditures can and will result in Special Assessments.  A Special Assessment could be necessary to pay for un-budgeted snow removal or perhaps the cost of the insurance deductible for roof replacement caused by a serious hail storm or even repairs to lawns caused by folks who leave vehicle tire ruts in those lawns.  It can also be necessary to repair excessive water damage to our roadways.

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Blowing Trash is always a problem in our community.  Folks apparently just don't understand that newspapers, magazines, pizza boxes, whatever must be INSIDE trash bags before being placed INSIDE trash containers.  Stacking stuff up on top of the trash can only exacerbates the problem.  Perhaps, some just don't really care... and the trash blows everywhere!

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Please do not ever use salt on your driveway or sidewalks.  Salt and other such chemicals will damage concrete and create unnecessary expenses for everyone.  A little bit of sand or even cat litter will do the job rather efficiently.  A suggestion, if your garage door bottom weather seal sticks to the concrete, clean and wipe it dry with a cloth and then spray something like WD-40 or vegetable oil on it ... problem solved.

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Pet Urination and Bushes don't go together.  Why would anyone allow a pet to urinate on a bush and then call the Home Owner Association to have the dead bush replaced?  Why do some folks allow their pets to urinate on other folks bushes?  Drive through the neighborhood and look at the damage ... this is your money!

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Dog Waste is the problem of the dog owner.  It must be removed by the dog owner (the dog doesn't have any hands).  If it is not removed properly and promptly, perhaps the Association should hire someone to place the dog waste neatly outside the homeowner's front door or at least invoice them for the job.  Mr. Biscuits at 381-9395 picks up dog waste for a fee.  The Association should contract with him to remove offending dog waste for a fee and then charge the dog owner a premium fee.  The problem would soon be solved.  It is probably a better solution than having fresh dog waste dropped on your porch or patio in the middle of the night by an irate neighbor.

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If you see someone pushing the large landscaping rocks around with their vehicles, please record the license plate number and type of vehicle and then report the person to the Board of Directors or just call the Fishers Police.

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Vandals in the neighborhood HAVE COST YOU MONEY!  I use the term, vandals, loosely as these criminals are little more than relatively ignorant people who are attempting to show others just how stupid and idiotic they really can be (obviously the result of a poor childhood).  Driving though lawns, tearing down speed limit signs, and breaking Stop Signs with concrete blocks is nothing more than some poor soul trying to get some small satisfaction out of their sad and apparently useless lives and be recognized (yet they hide under cover of darkness). Such a shame! If more of the exterior lighting had working light bulbs, it would be easier for you to see these folks and then call the Fishers Police.  ______________________________________

Having trouble finding 16x25x3 Furnace Filters.  Check out simplyfilters.com.  They charge $20.08 to ship one, $42.34 to ship 3, and $72.55 to ship a case of 6 to your home.  They have just about every filter size you could want.  There is a low cost alternative at WorldWideFilters.com at 3318 Pagosa Court, Indianapolis, 46226.  You can buy on line or just pick them up.


The President of the Country Fields Home Owner Association says that raccoons are creating havoc in the attics of the homes there.  They are somehow entering through the poorly protected soffit vents.  We have the same vents.


OMNI Management. The Help Desk is accessed at 541-0000 or after hours at 1-800-215-0023.  If you do not receive a prompt reply, go online to www.omni-property.com and click on Help Desk.

 

 



 
Ken R. Fisher & Associates, Inc., Realtors, Reduced Fee Brokers, Owner Services & Consultants
9293 Muir Lane,  Fishers,  IN  46037    317-845-9511    Fax: 317-333-7045    

This web site is provided as a service to you, a member of the Muir Woods Home Owner Association by Ken Fisher, a Realtor with 39 Years of Experience and a resident of Muir Woods since November, 2003.  It is not at all intended to be an 'official Muir Woods Home Owner Association' web site, and never was.

The Information Contained In This Web Site Is Deemed To Be Correct, But Is Not Warranted.  Any problems or questions regarding this Web site, please contact KenFisher@MSN.com. 

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Last updated: 01/21/12.

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