Intersection Visibility & Other PUD Provisions

Submitted by Joe Bower – Sierra Canyon Homeowner

Here it is June 7, 2016 and the offending trees in visibility corners on parkways are still standing.

Safety is the Number One concern of the Board and owners. It doesn’t matter if drivers, even walkers, can see oncoming vehicles “through or around” such trees. Their removal will immediately erase any doubts about visibility while at the same time ensure the main governing document, PUD, of our Association has been followed, i.e. following the document takes care of the sight problem.

Why has the PUD not been followed as far back as the day the subject trees were first planted? Why is the Board so quick to jump on new owner architectural plans and existing owner landscaping plans while ignoring three key provisions of the PUD?

Do we need lawyers to interpret what is emphasized below?

1) “Within visibility triangles all trees WILL BE pruned such that no branches extend lower than six feet above curb level at time of planting and 8’ above curb height at maturity.”

2) “ALL COMMON AREAS, including pedestrian easements, streetscapes, open space, parks, ‘commons,’ AND TRAILS WILL BE MAINTAINED by the Somersett Owners Association.” The Board admitted responsibility for all trails in January 2016, but has yet to admit for all common areas which include those in the three sub-associations as they are part of the PUD. Subs don’t need their own landscape companies and the Sierra Canyon sub doesn’t need a Maintenance Easement Agreement for Somersett to do landscaping work in certain areas that the PUD already requires Somersett to do.

3) “To encourage and again lead by example the Club at Town Center SHALL have a thermal solar pool heater installed within 1 year of approval of the PUD amendment.” The PUD was recorded 03/12/2009.

While the Board dithers about the visibility trees and what to plant in their place, it should not overlook the PUD provision, “Other plants WILL NOT exceed eighteen (18) inches in height above any curb level.”

Next up, private trees in visibility corners.

6 thoughts on “Intersection Visibility & Other PUD Provisions

  1. Excellent points, Joe! Thanks for paying attention to these important safety details. I walk my dog a lot and have to cross various streets, including Somersett Parkway, where visibility can be terrible and unsafe particularly when drivers are speeding.

  2. I also brought the Visibility Trees at Corners blocking STOP signs, to the attention of previous Sierra Canyon Manager Mike Aguilar at least 3xs via email and face to face.
    We even walked and talked at 2 locations near our home.
    This continues to be ignored and treated as “DO WHAT WE SAY, NOT AS WE DO” by Sierra Canyon management.!
    Any home owner receiving similar request would have been fined and taken to task long ago..
    For once I agree with Joe Bower, thus it appears Hell has frozen over.

  3. Good ‘ol Joe always looking for a new lawsuit to suck the SOA dry! Find a new hobby already! Maybe you already have a new one based on the color of your rocks….

    1. Stu,

      No one wants a new law suit here, only looking for our HOA’s to live up to their obligations. After having been associated with 4 HOA’s in the past, it is a given they are quick to get on homeowners for violations, but slow in addressing their own. Perhaps this is because the HOA management companies have directors overseeing homeowner compliance, but no one overseeing the BOD.

  4. I guess the board has lots of money! You are liable as you have prior knowledge. Get off your duff and make it happen. No more excuses period.

  5. Joe makes some good points. I raised safety issues at BOD meetings several years ago. Fakonas committed to out them on the next agenda but it never happened. When re-instating 24 hour patrols were suggested, the BOD turned a deaf ear. All SOA members have an interest in safety but it has never been a priority of the BOD.

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