Time line of emails and communications about treatment and maintenance of Twin Islands Pond

To: Lance Simpson (SCA)
From: George Crane
Date: 10/06/2022
Subject: Twin Island Pond

Lance,

I’m not sure if you are the right person for this question.  If not, please forward this question on or tell me who would be right.

We live at 2237 Stonebridge Dr S.  Our back faces the Twin Island pond.  At the moment the pond is starting to look very scummy.  Normally we see regular spraying and maintenance by the Pond Guys, but I don’t think we have seen them all year so far.  Is it possible to get them back to clean up the pond?

Thanks

George Crane

To: George Crane
From: Elliot Forsyth (SCA)
Date: 10/06/2022
Subject: Twin Island Pond

George,

At the June SCA Board Meeting, the Board decided not to chemically treat or maintain ponds that are under the full or partial ownership of SCA.  The only exception is the North Pond which will be minimally maintained and not chemically treated.  The reason for that is that only the North Pond is for the enjoyment and use of all Stonebridge Residents.  Obviously, the other ponds can not used by all Stonebridge residents.  Rather it is a nice water feature for the residents who may surround the pond.  The only maintenance being performed at the North Pond is the removal of vegetation and scum near the shoreline. Regardless, SCA will no longer be using chemicals to treat any pond because of potential environmental impacts.

The local HOA Presidents were to inform residents of this decision.  I know that the Twin Islands HOA President did inform their residents.  I do not know if the Estates President (who is on the SCA Board and part of this decision) communicated to residents.   Feel free to reach out to her as well.

In the meantime, below are a few steps that you can take to minimize the effects of unwanted pond vegetation and algae:

– Do not fertilize within 12 feet of the shoreline.

– Dispose of organic materials properly. After yard work, leaves, grass, and other organic debris should be bagged and removed from the pond area.

– Create a Beneficial Buffer. Allowing native flowering, deep-rooted vegetation to grow three to five feet from the edge of the pond creates a natural buffer.

– Discourage waterfowl from taking up residence.  Limit waterfowl from overpopulating the pond.

– Rake and remove pond scum and algae next to the shoreline.  This material should be bagged and dispose properly.

Thank you for raising the question and for your understanding.  Please write with any questions.

Sincerely,

Elliot Forsyth

To: SCA BOD
From: Concerned residents
Date: 10/21/2023
Subject: Twin Island Pond

Dear SCA BOD,

Thank you all for your service to our great Stonebridge community. It is a joy to be part of the
community and recognize that the SCA BOD has a lot to manage. We are bringing a maintenance issue
forward today that many of our community owners have asked to be addressed.

Several individuals in our Neighborhoods have independently requested a maintenance solution for
Twin Islands Pond since SCA stopped treatment in 2021, but no solution has emerged. On behalf of
Twin Islands and Highpoint Association’s 103 residents paying $1200 / yr. each, we are requestng the
SCA BOD to take action to maintain the Twin Islands Pond Common Area as part of SCA’s Common Area
Responsibility and work with the golf course if necessary, as a Private Amenity adjacent to SCA
Common Area.

Limited access has been an issue in ongoing discussions with SCA, but as part of the definition of
Common Area, all SCA residents have a non-exclusive easement to all Common Areas in our
community. Twin Islands Pond is a shared pond without exclusive use by any one Owner or
Neighborhood. Residents from other SCA neighborhoods regularly enjoy fishing and walking in the SCA
Common Area along the shoreline. We need a community solulion.

We understand that budgets are tight these days and the SCA BOD has the discreon to determine
what appropriate maintenance is for the Common Areas within the annual budget. But, we also
believe it is SCA’s Common Area Responsibility to work with adjacent Neighborhoods to seek a solution
to maintenance concerns. We would like to maintain the pond to a Community Wide Standard
acceptable on an equal basis to North Boulder Pond in our community. We would propose starting
with the least cost treatment for algae and bacteria to treat the abundance of human introduced
nutrients in the pond’s watershed area. We do not believe there is an emergent weed issue yet.

Not maintaining the pond impacts all of our property values and functionally as it holds water from a
large area of our community and increased debris will block the ponds discharge drain. We would
welcome a meeting to work together to seek a mutually amenable solution before this becomes a
serious maintenance issue facing our community.

Sincerely,

(Email from Select acting on behalf of the SCA BOD regarding the Twin Island Pond request sent last October.)

To: Patricia Chapman, Irene Bushaw, Dave Hartmann
From: Aaron Hawley (Select)
Date: 02/15/2024
Subject: Twin Island Pond

Dear Patricia, Irene, and David,
Thank you for your letter requesting ongoing maintenance of the Twin Islands Pond.
After thorough research of Stonebridge Declaration of Covenants, Conditions and Restrictions (CCRs), it is our conclusion that the Twin Islands Pond does not fit the definition of a “Common Area.”  The Common Area definition can be found in Article II, Section 1 which states, “Every Owner shall have a right and nonexclusive easement of use, access and enjoyment in and to the Common Area…”   This is not the case for Twin Islands Pond since there is no public access or easement to this Pond without trespassing on personal property.  As such, only the property owners who surround the Twin Islands Pond, benefit from in its existence.
Twin Islands Pond more appropriately fits the definition of “Exclusive Common Area” found in Section 2 of the same article. It states: “Certain portions of the Common Area may be designated as an Exclusive Common Area and reserved for the exclusive use of Owners and occupants of the Units within a particular Neighborhood or Neighborhoods.  All costs associated with maintenance, repair, replacement, and insurance of all an Exclusive Common Area shall be assessed as a Neighborhood Assessment, as defined herein, against the Owners of Units in those neighborhoods to which the Exclusive Common Areas are assigned.”
From a consistency perspective, The Ponds Neighborhood has two small ponds for which this language has been applied for many, many years.  The Ponds has contracted and paid for the chemical treatment of these ponds along with the electricity of the aerator systems.
In a somewhat similar vein, The Heathers has contracted and pays for the chemical treatment at Holes #3 and #8 Ponds (owned by the Golf Course) for purely aesthetic reasons.  Additionally, the Hole #3 Pond is utilized for the Heathers’ irrigation system.
Therefore, the SCA Board concludes that the Twin Island Pond is an Exclusive Common Area and that the property owners should be financially responsible for the ongoing maintenance of this pond, just as in the other cases noted above.
Feel free to contact us at your convenience with any questions or comments as well as how you wish to proceed.
Sincerely,
SCA Board

Date: 02-29-2024

Dear Twin Islands Board of Directors,

The SCA Board of Directors believe the letter sent explains the Board’s decision about the treatment of the Twin Islands Pond, which is consistent with the Declaration of Covenants, Conditions and Restrictions for Stonebridge Community Association (CCRs). These documents are available on the Stonebridge Website under SCA Documents. We do understand that somehow the Twin Islands Pond was in the past viewed as a “Common Area” and not an “Exclusive Common Area,” and was thus chemically treated until a couple of years ago along with two other nearby ponds, for which chemical treatments stopped at the same time.

The detention pond in Twin Islands is maintained by SCA. That practice is consistent for all detention ponds across Stonebridge for which the purpose is to hold water only temporarily as part of the drainage network.

It is the opinion of the SCA Board of Directors that it is up to the residents around the Pond to establish a solution for self-funding the maintenance and or treatment of the pond in question as this is not a common area of the Stonebridge Community.

Sincerely

SCA Board of Director

(Note to Estates President and SCA chair asking for guidance.  No response.)
To: Monica Carter (SCA, Estates)
From: George Crane (Estates)
Subject: Exploring solutions
Date: 03/05/2024
Good morning Monica,
Dave Hartmann and I have been discussing the algae issue in Twin Island Pond and exploring potential solutions to ensure the pond remain attractive and healthy. In this regard, we have a few questions that we hope you can assist us with:
1. We are considering conducting a survey or poll among all households that may be affected by the algae issue on Twin Island Pond. Could you possibly provide us with a list of names and email addresses for these households?
2. If it turns out that the solution requires contributions from all homeowners, is it feasible for any additional assessments to be included in the HOA fees and collected accordingly?
3. Considering that the golf course owns a large portion of pond footage, and significatly contributes to the problem. Could Stonebridge SCA assist us in negotiating an agreement with the golf course regarding their involvement in resolving the algae issue?
4. We’ve been informed that The Pond Guys, our potential vendor, prefer to work directly with SCA rather than a third party, such as a group of homeowners. If this is the case, would SCA be able to coordinate a contract with the vendor on our behalf?
5. Even with agressive treatments, we have seen that large amounts of algea build up in some areas.  You solved these occasional excessive algea build-ups on North Pond by having Twin Oaks rake it up and haul it away.  Could that same process be applied to Twin Island Pond when needed?
Your guidance on these matters would be greatly appreciated as we work towards finding a suitable solution for the community.
Thanks for your help,
George Crane
2237 Stonebridge Dr S