Be it resolved that on the 14th of November, 2007, the Board of Directors of Sunnybrook Village Community Association unanimously agreed that:
WHEREAS, Section 5302, (a), (7) of the Uniform Planned Community Act permits an Association to cause additional improvements to be made to controlled facilities to the extent permitted by the Declaration; and,
WHEREAS, Article III, Section 3.01, Sub-section a of the Declaration charges the Association with the responsibility of keeping the Common Elements in good condition and repair and to make any necessary replacements thereof or thereto; and,
WHEREAS, Article IV, Section 4.01 of the Declaration allows the Association to determine the extent of maintenance, repair and replacement of the Common Elements; and,
WHEREAS, Article I, Section 1.02, Sub-section e, defines Common Elements to include Controlled Facilities; and,
WHEREAS, the Executive Board has determined that a majority of trees planted on individual lots and on common property are either dead or dying trees; and,
WHEREAS, the Executive Board has had no cooperation from either the Declarant or the Township to resolve this problem;
NOW THEREFORE, BE IT RESOLVED that:
1. The Association will be notifying homeowners’ of the Association’s intent to replace trees on homeowners’ lots unless the homeowner requests the Association not take such action.
2. The Association will replace approximately thirty-five to forty trees on individual lots.
3. The Association will appoint members to a Landscaping Committee and ask that the Landscaping Committee recommend a plan for 2008 maintenance of the new trees.
Resolved this 14th day of November, 2007 by the Executive Board of Sunnybrook Village Community Association.