After years of a subdivision civil war, this is what it had come to at Countrylane Woods II in Manchester: one group backing the trustees, complete with yard signs.
Another group, though, claimed to be the real leaders — though they don't have keys to the clubhouse, or the checkbook. They filed a lawsuit and enlisted the help of a public relations firm. And they called their opponents "rogue trustees."
The trustees and their backers say a small number of dissidents have hijacked the 497-home community. And no legal authority has ordered them to relinquish power, they note.
To help sort things out, a St. Louis County Circuit Court judge ordered that the subdivision take a vote on two sets of bylaws, the ones currently in place and another set the group opposed to the trustees crafted.
One side won that vote, though the battle is probably not over. It's a complicated story that has pitted neighbor against neighbor. But these types of clashes are not uncommon.
The state law on subdivision governing pacts, called indentures, is incredibly vague, said Jerry Wamser, a lawyer whose firm represents roughly 60 homeowners associations. The result is that developers draft the rules by which a community lives. Conflict often ensues.
"It's the Wild West in Missouri," Wamser said. "Many of these indentures tend to be constructed like Frankenstein's monster."
Still, the battle in Countrylane Woods seems to have gone beyond the typical subdivision clash. And it has even divided households.
Read a lot more at: http://www.stltoday.com/stltoday/news/stories.nsf/stlouiscitycounty/story/0E26AFDFFFC6CBCC862575D0007AA743?OpenDocument
Showing posts with label trustees. Show all posts
Showing posts with label trustees. Show all posts
Wednesday, June 10, 2009
Sunday, January 25, 2009
Subdivision Trustee Arrested for Walking on Neighbors Property
A local attorney called last week seeing information. The attorney advised their firm is representing a Subdivision Trustee who was arrested for trespassing for walking on a neighbor’s property. The Trustee was checking a reported violation of the subdivision’s protective covenants by the “neighbor.”
Unfortunately, we have no further details on the situation at this time.
If you have heard of any situations of this nature before, please click on COMMENTS below and share your experience or information.
Stay tuned.
Unfortunately, we have no further details on the situation at this time.
If you have heard of any situations of this nature before, please click on COMMENTS below and share your experience or information.
Stay tuned.
Saturday, October 04, 2008
St. L County Sponsors Workshop for Subdivision Trustees
The St. Louis County Department of Planning is hosting a workshop for subdivision trustees on Tuesday, October 14, 2008 from 6:30-9:00 p.m. at the World Trade Center, 121 S. Meramec Avenue, Clayton, MO 63105. The workshop will be free (including parking) to the public. Refreshments and door prizes will be provided.
Workshop highlights:
> Hear a prominent local attorney address some of the top issues facing subdivision trustees today.
> Ask questions about services provided to your subdivision by St. Louis County government.
> Network with fellow trustees and learn what other subdivisions are doing to address community issues.
Details are available online at: http://www.stlouisco.com/plan/trusteeresourcecenter/index.html.
For more information, please call 314-615-2520.
Workshop highlights:
> Hear a prominent local attorney address some of the top issues facing subdivision trustees today.
> Ask questions about services provided to your subdivision by St. Louis County government.
> Network with fellow trustees and learn what other subdivisions are doing to address community issues.
Details are available online at: http://www.stlouisco.com/plan/trusteeresourcecenter/index.html.
For more information, please call 314-615-2520.
Wednesday, July 02, 2008
Subdivision Trustee Says County Not Sending Out Information to Trustees
A county subdivision trustee writes:
"St. Louis County says they keep Subdivision Trustee Data to keep citizens better informed. I have sent in my information (names, addresses, etc of trustees) for the last twenty-five years and have yet to receive anything from the Planning Department specifically addressing subdivision or County information. When is the last time that you have received an email or update on anything from the Planning Department?
"St. Louis County says they keep Subdivision Trustee Data to keep citizens better informed. I have sent in my information (names, addresses, etc of trustees) for the last twenty-five years and have yet to receive anything from the Planning Department specifically addressing subdivision or County information. When is the last time that you have received an email or update on anything from the Planning Department?
Wednesday, April 23, 2008
Trash Program Makes For A Lot More Work for Me As a Trustee
Anonymous has left a new comment on your post "No Pilot Program for County Trash Program; Contrac...":
As a trustee, I also have found the county to be very helpful on many issues related to our subdivision. I don't know if I would have called them before I was a trustee. I do feel that the way this trash issue was handled was nothing short of a disaster. They needed to inform residents about the importance of recycling and work with them on how to achieve this not force it down their throats. Their trash plan has certainly made it a lot more work for me as a trustee of my subdivision.
As a trustee, I also have found the county to be very helpful on many issues related to our subdivision. I don't know if I would have called them before I was a trustee. I do feel that the way this trash issue was handled was nothing short of a disaster. They needed to inform residents about the importance of recycling and work with them on how to achieve this not force it down their throats. Their trash plan has certainly made it a lot more work for me as a trustee of my subdivision.
Thursday, January 31, 2008
County Passes Trash Legislation for Subdivision Trustees to Enforce
St. Louis County officials say subdivision trustees will be responsible to enforce the County's trash regulations if their subdivision opts out of the County's trash program. This is like saying subdivision trustees are responsible to enforce the speeding limits in their subdivision which are established by the County . . . and not the County police department.
Some homeowners will undoubtedly refuse to participate in the program citing freedom of choice. This means trustees will be responsible to file liens, lawsuits, determine qualifications of haulers and more. The County does not claim any responsibility.
Officials also confirmed that 100% of county residents will be billed by their assigned trash hauler regardless if they use trash services or not. The question posed is if a homeowner would have to pay if the homeowner transports his trash to his place of business. This is often a common practice for individuals who own their own business and pay for trash service at that location. Sorry, Mr. Businessman. You will have to pay twice.
What are your thoughts? Click on COMMENTS below and share them with us.
Some homeowners will undoubtedly refuse to participate in the program citing freedom of choice. This means trustees will be responsible to file liens, lawsuits, determine qualifications of haulers and more. The County does not claim any responsibility.
Officials also confirmed that 100% of county residents will be billed by their assigned trash hauler regardless if they use trash services or not. The question posed is if a homeowner would have to pay if the homeowner transports his trash to his place of business. This is often a common practice for individuals who own their own business and pay for trash service at that location. Sorry, Mr. Businessman. You will have to pay twice.
What are your thoughts? Click on COMMENTS below and share them with us.
Wednesday, November 28, 2007
47 Attend Subdivision Trustee Networking Group Meeting; Trash #1 Topic of Interest
Forty-seven persons attended the Subdivision Trustee Networking Group Meeting on Wednesday, November 28. The purpose of the networking group is . . . . well . . . . networking. The number one topic of interest was the County’s trash collection program and the still many unanswered questions. The general consensus is this is still a moving target.
Bill Rogers, publisher of the Subdivision Trustee web site, presented an overview of the site along with key features available. These include the ability to search the site by keywords, subdivision profiles, subdivisions with web sites, photos, plus general subdivision news and information.
Greg Porter, chairman of the North St. Louis County Problem Solving Committee, provided an update and overview of their association’s activities and how they have addressed problems in the past. These include commercial vehicles, a day-care center in a home, for-sale signs illegally posted and others.
Jerry Eichholz with Paddock Forest Subdivision explained the approach their subdivision took to opt-out of the county’s trash program. They obtained signatures from about 52% of their subdivision residents rejecting the county’s program.
Jerry Wamser, Attorney-at-law, provided an update on activities being undertaken and voiced strong opposition to the trash system. He pointed out numerous areas in question and, in particular, the big dollars involved with this undertaking. He said a rally opposing the program is scheduled for Tuesday evening at 7:00 p.m. on December 11 at the Holiday Inn at I-55 and Lindbergh in South County.
Rich Tucker with Towne South Homeowners Association presented an update on the questions still remaining and how their association went about to opt-out of the trash program. The general consensus of the presentations and discussion is to opt-out of the country’s program until such a time as all questions can be answered and costs determined.
The next meeting of the Subdivision Trustee Networking Group is set for Thursday, March 13, 2008 at 7:00 p.m., Cliff Cave Library, 5430 Telegraph Rd. in South County. Mark your calendar.
Bill Rogers, publisher of the Subdivision Trustee web site, presented an overview of the site along with key features available. These include the ability to search the site by keywords, subdivision profiles, subdivisions with web sites, photos, plus general subdivision news and information.
Greg Porter, chairman of the North St. Louis County Problem Solving Committee, provided an update and overview of their association’s activities and how they have addressed problems in the past. These include commercial vehicles, a day-care center in a home, for-sale signs illegally posted and others.
Jerry Eichholz with Paddock Forest Subdivision explained the approach their subdivision took to opt-out of the county’s trash program. They obtained signatures from about 52% of their subdivision residents rejecting the county’s program.
Jerry Wamser, Attorney-at-law, provided an update on activities being undertaken and voiced strong opposition to the trash system. He pointed out numerous areas in question and, in particular, the big dollars involved with this undertaking. He said a rally opposing the program is scheduled for Tuesday evening at 7:00 p.m. on December 11 at the Holiday Inn at I-55 and Lindbergh in South County.
Rich Tucker with Towne South Homeowners Association presented an update on the questions still remaining and how their association went about to opt-out of the trash program. The general consensus of the presentations and discussion is to opt-out of the country’s program until such a time as all questions can be answered and costs determined.
The next meeting of the Subdivision Trustee Networking Group is set for Thursday, March 13, 2008 at 7:00 p.m., Cliff Cave Library, 5430 Telegraph Rd. in South County. Mark your calendar.
Sunday, November 25, 2007
Subdivision Trustees Networking Meeting Set for Wednesday, November 28
A networking meeting of subdivision trustees from across the county is set for:
Wednesday, November 28, 2007
St. Louis County Library - Cliff Cave Branch
5430 Telegraph Rd. (63129) in South County
7:00 p.m. - 9:00 p.m.
All subdivision trustees are invited. The program agenda is basically an open forum discussion on problems encountered as Trustees. No reservation is required.
Do Subdivision Trustees Have Problems?
Yes . . . according to comments made in a recent survey . . . more than 5 pages worth. If you have not yet reviewed the survey results, click here to download a pdf file for a copy of a survey recently completed asking some hard questions:http://www.mydocsonline.com/pub/wrogers/TrashSurveyResultsFinal11-04-07.pdf
Question 16 illustrates a good point. St. Louis County officials say "Yes" while Trustees say "No."
16. Do you feel St. Louis County communicates well with subdivision trustees?
Question 16 illustrates a good point. St. Louis County officials say "Yes" while Trustees say "No."
16. Do you feel St. Louis County communicates well with subdivision trustees?
Get the full report at: http://www.mydocsonline.com/pub/wrogers/TrashSurveyResultsFinal11-04-07.pdf
Friday, November 16, 2007
The Trash Haulers May Have You By The Tail
Here are the concerns of one county resident and subdivision.
We are located at the very end of trash district 7. If we opt out, it is doubtful that another hauler, other than the one assigned to the area, will service 16 houses without a higher rate. They will claim it is more expensive for them to travel the distance. So we end up opting back in. That is exactly what Allied, our hauler, said. I think this will be a question for any group that opts out.
The haulers, other than the one assigned, have you by the tail. So, you opt-in for economic reasons, and will your current hauler or haulers give you the necessary time to opt-in if they are not assigned the area? Could be more of a problem if there are numerous haulers in the subdivision.
Also, the philosophical reason, "I do not want the County to tell me what to do" does not apply. We currently have a contract with one hauler for all residents in accordance with our Indenture. What is the difference? We, the Trustees, the governance body of a legal governmental document that REQUIRES there only be one trash hauler, speak out of both sides of our mouths if we object to the County forcing the program on our residents. We are doing the very same thing, forcing the residents to have the same hauler at our negotiated rate.
We are located at the very end of trash district 7. If we opt out, it is doubtful that another hauler, other than the one assigned to the area, will service 16 houses without a higher rate. They will claim it is more expensive for them to travel the distance. So we end up opting back in. That is exactly what Allied, our hauler, said. I think this will be a question for any group that opts out.
The haulers, other than the one assigned, have you by the tail. So, you opt-in for economic reasons, and will your current hauler or haulers give you the necessary time to opt-in if they are not assigned the area? Could be more of a problem if there are numerous haulers in the subdivision.
Also, the philosophical reason, "I do not want the County to tell me what to do" does not apply. We currently have a contract with one hauler for all residents in accordance with our Indenture. What is the difference? We, the Trustees, the governance body of a legal governmental document that REQUIRES there only be one trash hauler, speak out of both sides of our mouths if we object to the County forcing the program on our residents. We are doing the very same thing, forcing the residents to have the same hauler at our negotiated rate.
Tuesday, November 13, 2007
Trash Survey Results Show Problems With County’s Trash Program and Other Growing Problems in Subdivisions
Readers can download the survey results of subdivision trustees and residents regarding the County's trash collection program. While the survey was answered by just 167 individuals, they represent thousands of residents in their respective subdivisions across St. Louis County. In addition, they are technology related individuals since they responded to the survey electronically. They also represent the leadership of concerned citizens in the county.
The 16 question survey results are provided without comment. The survey was designed to be straight forward with questions such as "Did you know," and "Are you aware." The survey was conducted during October 2007.
Some questions had surprising results as follows:
> 60.5% feel the trash program being implemented is NOT a workable program.
> 46.1% of the country population was not even aware this program was scheduled to start as of January 1, 2008.
> 66.5% of residents do not want the county to decide on their trash hauler.
> 78.4% were not aware that 6 members of the county council voted on this but will not be affected by the legislation.
> 79% was not aware that County Executive Dooley and Chief Operations Officer, Garry Earls, are also not affected by this legislation.
> 74.9% do not think the county is doing an adequate job in educating the public about the proposal. This question resulted in 5 1/2 pages of problems currently being incurred in county subdivisions. The answers are unedited and listed as received.
> 74.2% do not feel St. Louis County communicates well with subdivision trustees.
A copy of the entire 16 question survey can be downloaded at:
http://www.mydocsonline.com/pub/wrogers/TrashSurveyResultsFinal11-04-07.pdf
The 16 question survey results are provided without comment. The survey was designed to be straight forward with questions such as "Did you know," and "Are you aware." The survey was conducted during October 2007.
Some questions had surprising results as follows:
> 60.5% feel the trash program being implemented is NOT a workable program.
> 46.1% of the country population was not even aware this program was scheduled to start as of January 1, 2008.
> 66.5% of residents do not want the county to decide on their trash hauler.
> 78.4% were not aware that 6 members of the county council voted on this but will not be affected by the legislation.
> 79% was not aware that County Executive Dooley and Chief Operations Officer, Garry Earls, are also not affected by this legislation.
> 74.9% do not think the county is doing an adequate job in educating the public about the proposal. This question resulted in 5 1/2 pages of problems currently being incurred in county subdivisions. The answers are unedited and listed as received.
> 74.2% do not feel St. Louis County communicates well with subdivision trustees.
A copy of the entire 16 question survey can be downloaded at:
http://www.mydocsonline.com/pub/wrogers/TrashSurveyResultsFinal11-04-07.pdf
Friday, November 02, 2007
St. L County Schedules More Public Meetings on Trash District Plan Implementation
St. Louis County is hosting eight public meetings on how the trash district plan will be implemented in unincorporated areas. A public meeting will be held for each of the eight trash districts. After considering public input received this fall, County officials will present final details of the plan. All meetings are scheduled from 7:00 to 9:00 p.m.
Unfortunately, the notice received only included those meetings for South County for trash districts 5, 6 , 7 and 8. They are as follows.
District 5 - Thursday, Nov. 14
Affton High School (Cafeteria)
8309 Mackenzie Rd., 63123
District 6 - Thursday, Nov. 8
Mehlville High School (Cafeteria)
3200 Lemay Ferr Rd., 63125
District 7 - Thursday, Nov. 15
Sperreng Middle School (Cafeteria)
12111 Tesson Ferry Rd., 63128
District 8 - Thursday, Nov. 8
Oakville High School (Cafeteria)
5557 Milburn Rd., 63129
Each meeting will include a presentation by County officials, as well as an opportunity to have questions answered about implementation of the plan. Subdivision trustees are encouraged to attend to learn more about the subdivision opt-out policy. For more information and the location of meetings outside of South County, please call 314-615-2520.
Unfortunately, the notice received only included those meetings for South County for trash districts 5, 6 , 7 and 8. They are as follows.
District 5 - Thursday, Nov. 14
Affton High School (Cafeteria)
8309 Mackenzie Rd., 63123
District 6 - Thursday, Nov. 8
Mehlville High School (Cafeteria)
3200 Lemay Ferr Rd., 63125
District 7 - Thursday, Nov. 15
Sperreng Middle School (Cafeteria)
12111 Tesson Ferry Rd., 63128
District 8 - Thursday, Nov. 8
Oakville High School (Cafeteria)
5557 Milburn Rd., 63129
Each meeting will include a presentation by County officials, as well as an opportunity to have questions answered about implementation of the plan. Subdivision trustees are encouraged to attend to learn more about the subdivision opt-out policy. For more information and the location of meetings outside of South County, please call 314-615-2520.
Tuesday, October 16, 2007
Subdivision Town Talk from Suburban Journals
Here are a few subdivision residents thoughts on activities in their own subdivision. These comments appeared in a recent issue from the Suburban Journal publications.
"What good is a subdivision association or indentures? Homeowners don't follow the rules and trustees don't enforce them anyway. Even in new subdivisions people don't cut the grass and trim. So much for good neighbors and associations."
"We lived in Maplewood for 36 years. We now live in Affton. There was only one trash hauler in Maplewood and we didn't pay for it. They were always dependable. We never had to call because of them forgetting to pick up our trash like we have to do now. It would be wonderful to have one trash hauler."
"This is in response to County living. I agree fully with the person that called in. I've noticed the same neglect in our neighborhood. A lot of people don't cut their grass and not only that, they leave their papers out day after day and actually week after week. It's also brush. We've noticed that people just pile up branches and leave them there. I don't know where the pride has gone in South County. It's sad. It's becoming like a slum area. People in South County, wake up and start taking care of your property. Have some pride."
"No need to pay to have your grass clippings hauled away. My neighbor stacks them over a foot high around the foundation of his home, which causes mold, flies, possibly rodents and bad odor. I called the county neighborhood improvement and was told there is no ordinance against this. If so, why not. I live in a nice neighborhood, a well-kept neighborhood."
"What good is a subdivision association or indentures? Homeowners don't follow the rules and trustees don't enforce them anyway. Even in new subdivisions people don't cut the grass and trim. So much for good neighbors and associations."
"We lived in Maplewood for 36 years. We now live in Affton. There was only one trash hauler in Maplewood and we didn't pay for it. They were always dependable. We never had to call because of them forgetting to pick up our trash like we have to do now. It would be wonderful to have one trash hauler."
"This is in response to County living. I agree fully with the person that called in. I've noticed the same neglect in our neighborhood. A lot of people don't cut their grass and not only that, they leave their papers out day after day and actually week after week. It's also brush. We've noticed that people just pile up branches and leave them there. I don't know where the pride has gone in South County. It's sad. It's becoming like a slum area. People in South County, wake up and start taking care of your property. Have some pride."
"No need to pay to have your grass clippings hauled away. My neighbor stacks them over a foot high around the foundation of his home, which causes mold, flies, possibly rodents and bad odor. I called the county neighborhood improvement and was told there is no ordinance against this. If so, why not. I live in a nice neighborhood, a well-kept neighborhood."
Saturday, August 04, 2007
Town and Country Hosting Trustee Seminar
The Community Relations Commission in Town and Country will be hosting a seminar this fall "Tips for Trustees". We are looking for input from Trustees as to what is important to you as a trustee. All suggestions are encouraged and welcomed. Please send correspondence to welbytj@town-and-country.org
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