To whom this may concern,
I have been issued repetitive guidance to take care of my lawn, to which I do, even barring the reminders from the HOA. My yard gets taken care of as per the necessary standard. I have attached some images, once from April 2021, and once from this month, May 2021. You will notice these are images showing different spots of the yard. This month I was issued guidance stating that, "we noticed the weed treatment and lawn care was still not meeting community wide standards as outlined in your Covenants". This is simply not true. Due to the varying locations of the images there is no factual proof the weeds were not taken care of, and in fact they WERE taken care of. They were trimmed and, once again, treated with weed killer. Moreover, the weeds that are photographed in the image from May 10, 2021 are only 3" tall. I advise you read the weed science, Growth Analysis of Weed and Crop Species with Reference to Seed Weight written by Andrew C. Seibert and R. Brent Pearce and published by Cambridge University Press in 1993. This will provide reasonable evidence to the fact that general "weeds" grow more than 3" in 22 days (April 15, 2021 - May 10, 2021).
I hope you can now understand that the two issued violations are by no means related to each other, so the use of the phrase "still not meeting" shall be nullified. Even though I treated my lawn and cared for the lawn 2 days ago and the weather has prevented me from reasonably edging the 4 weeds making minor contact with my driveway, I went out in the rain to clear the weeds today.
Should the HOA decide to further their lackluster analysis of my yard (given the aforementioned fact that the two previous violations are by no means in relation to each other), I will be forced to act on, by way of legal action, the eschewed duties that should be provided by the HOA, per the annual assessments stated in Article VI Section 1.1. Per the declaration of Article VI Section 2 which states: "The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, enjoyment, health, safety, and welfare of the residents in The Properties and in particular for the improvement and maintenance and operation of the Common Properties and for the services related to the use and enjoyment of the Common Properties, including but not limited to, the payment of taxes and insurance thereon and the repair, replacement, maintenance, upkeep, and for the cost of labor, equipment, materials, management and supervision thereof.", the HOA is to provide adequate care for Common Properties, to which I cannot safely enjoy the Common Properties - The Common Properties being defined in Article 1 Section 1e as, “1) those areas of land shown on any recorded subdivision plat of The Properties which are designated as Common Areas; and 2) any easement rights or interests reserved by or granted to the Association, all of which are intended to be devoted to the common use and enjoyment of the owners of the Properties.”
Attached images can be found on this email. You will find images of the April and May citing of my property, to which you will be reminded they are not of the same area of my property in violation. You will also be reminded that, given adequate water and sunlight, the weeds photographed cannot only grow 3” in a matter of 22 days, proving that these weeds were treated post the April citation. Attached you will also find images taken of the current state of the Common Properties which are extremely unsafe and unhealthy. Should I need to recover images from the previous 10 months of said Common Properties unsafe and unhealthy state, I can do so. Geotags can be extracted from each image and video to prove the Common Properties have never been maintained per Article VI Section 2.
Please take action immediately or I will unfortunately be forced to take legal action.
Thanks,
Jerry Gomes
