Buffer / Meadow
Issues
The November Buffer Town Hall and CCMA Board meetings brought to light new issues concerning the Buffer and the Vineyard. Shea will include the Buffer (5 foot strip behind homes and the Meadow) in the sale of Vineyard. Trilogy Buffer Residents will still be required to pay for Buffer maintenance and costs will increase significantly over time. A review of the November meetings is below.
You can add a comment and signup for updates at: Buffer / Meadow Comment Page.
See below for for resident comments sent to the Board.
Residents have previously sent a petition to the CCMA Board to require Shea to complete installation of the sustainable Meadow, address underground water system leaks, and Buffer maintenance issues. If you would like your name added to the petition, you can sign the petition online at: Petition Link
Emails and Comments sent to the CCMA Board of Directors.
Buffer update from November 2022 Buffer Town Hall and CCMA Board Meetings
Below are updates about plans to Shea’s commitment to put in the sustainable meadow and address underground watering system repairs. Also reviewed are increasing Buffer maintenance costs as well as other information about the Vineyard and Buffer ownership. The Buffer will be included with the Vineyard when it is sold. Buffer homeowners will still be responsible for maintenance even after it is sold.
Note: The Buffer is all the land between homes and the Vineyard. (Some residents were told that the Buffer was the 5 foot strip behind their homes.)
Buffer Committee
The Buffer Committee is being reestablished. A Board member and the committee will work with Shea to make sure they establish a sustainable meadow in all areas. Hoamco will support the committee and help monitor Buffer installation.
Buffer Watering System
The underground watering system was not installed correctly. Shea will have the installer fix leaks and the system will have a 5 year warranty.
Wildflower Meadow
David Kaplow, Shea’s meadow developer, said that grasses are taking hold in many areas but not in all areas. Kaplow is planting wildflowers in areas with slopes and high wind where grasses are not taking hold. At the Buffer Town Hall meeting Shea stated that they would not put in a wildflower meadow in all areas. They will stay with grasses where they can.
A consultant hired by the CCMA Board estimated that it will cost about $500,000 over 3 years to put in a low water sustainable wildflower meadow. By only putting in grasses Shea saves a great deal of money, Some estimates are that this could be $100,000 to $150,000 but this has not been verified. In addition, if a meadow is put in that requires frequent reseeding this will increase maintenance dues.
Buffer Maintenance Costs
Hoamco has bids for Buffer maintenance and a new vendor will start in January. Current dues will not cover maintenance cost and the Board raised dues by 20% to $47.70 per month. This is the limit allowed by the Board without a member vote. This will not cover the cost of maintaining the Buffer long term. The Buffer maintenance costs are likely to increase every year and long term could be $80 to $120 per month. (This increase is an independent estimate and needs to be validated by Shea.)
Buffer Maintenance Easement
Shea owns all the land between homes and the vineyard. Shea created an easement to allow the CCMA to maintain this area and then, when they controlled the HOA, created a cost center so Buffer homeowners would pay for buffer maintenance as opposed to Shea paying to maintain their land. This currently saves them more than $100,000 per year. Buffer residents will have to pay for maintenance even after the land is sold.
Maintenance easements are standard at Trilogy communities. Easements allow HOAs to access and maintain an area owned by a commercial company. If the commercial owner does not maintain their land, Trilogy rules and regulations allow Trilogy to maintain the land and charge the business owner. What is not standard at Trilogy communities is for Shea to charge homeowners for land Shea owns or charge homeowners for ongoing maintenance when they sell the land to another company.
Buffer Ownership
Shea did not inform new homeowners that when they sell the Vineyard, they will include the Buffer as part of the sale and that Buffer residents will still be required to maintain the Buffer even through it will be owned by a private company. As stated above, some independent estimates are that long term maintenance costs could be $80 to $120 per month (needs to be validated by Shea).
Commercial companies in Trilogy communities are responsible for their landscape watering and maintenance. A new Vineyard owner should be required to maintain their land as a condition of the sale.
Finally, the purchase agreements for homes on the Buffer allow a new Vineyard owner to change the Vineyard without the agreement of Trilogy. Our WMA rules and regs require commercial sites to have proposed property changes reviewed by the DRC. A DRC review is critical to minimize the impact of any changes that could negatively impact home values. Shea needs to make sure the company that purchases the Vineyard land agrees to comply with DRC rules.
Buffer / Meadow History
The following information reviews the Buffer status prior to the November 2022 meetings.
Shea has not supplied the Meadow they promised, and the watering system has had major costly problems. The Meadow is a requirement of Phase 2. Shea was required to complete the Meadow before the start of Phase 3. That will not happen.
At a SLO Board of Supervisors meeting in 2021 Shea has stated that the Buffer had turned over to the HOA and the Buffer is now the responsibility of the HOA. This occurred in 2019 when Shea controlled the HOA. Shea turned over the meadow at a special board meeting that was held one week before HOA control was turned over to homeowners. Since that time additional homes and Buffer areas were installed. The current CCMA Board did not accept these Buffer sections due to ongoing issues with the Buffer.
Multiple requests have been made to Shea to provide a plan to resolve Buffer issues. If Buffer problems are not resolved, it could mean a special assessment to people who live on the buffer. In addition, Shea only recently acknowledged that the underground watering system had not been installed per the design.
Current Meadow Plan
Shea initially planted wildflowers. This did not work. Shea’s current solution is to spread a grass mixture in the meadow. Their planting plan did not allow for soil, issues, wind, and climate variations across the Buffer. The pictures on the right shows areas where Shea’s plan is not working.
Current Meadow Areas
A consultant hired by the CCMA (Central Coast Maintenance Association) reviewed Shea’s plan and stated that it will not be successful. The consultant reported that a drought tolerant meadow could be established if soil, wind, and climate variations are taken into account. Some areas will require drill-seeding various native grasses (a different mix from what Shea has seeded) and planting “plugs” of native rye. Once the meadow is established other drought tolerant plants could be added. The plan will take 3 years and has an estimated minimum cost of $500K. If Shea does not fund this effort, a special assessment of over $2,000 per buffer homeowner would be required to successfully establish the meadow the consultant has proposed. (from the Cost Center Buffer Committee)
The watering system Shea installed has severe problems. The Wallace Group, the company Shea hired that designed the watering system, has stated that the underground watering system was not installed correctly. The result has been multiple costly water pipe breaks. (Repair costs can be upwards to $10,000 for each occurrence depending on the size and type of break.)
The watering system has now been turned over to the Woodlands Mutual Water Company. Shea has covered past repair costs and after a demand letter from the HOA in May 2022 agreed to fix the system but prior to the November 2022 meeting had not guaranteed the work. Shea has not allowed an independent review of the work that will be done.
Trilogy residents for the Trilogy Buffer Neighborhood Group (TBNG). They have requested the CCMA Board require Shea to put in a sustainable meadow at Shea's cost with a watering system that meets the original design requirements and warranty the work. In addition the TBNG requested that the work be inspected to verify quality.
The TBNG submitted a petition from residents to the CCMA Board and requested that the Board make sure these issues were addressed. The petition in online at Trilogy Buffer Neighborhood Group Petition.
You can contact the TBNG if you have questions at Trilogybuffergroup@gmail.com
You can also add a comment about the Buffer / Meadow to the website and request to be updated on new information at: Buffer / Meadow Comment Page.