Settlement Agreement with HOA 9/23/2026

Mark and I  brought this lawsuit not because of any personal agendas but because we treasure the Orchard Farms community and because we feel all homeowners have a right to fair and just administration of the Covenants, Bylaws, and State laws that govern the actions of the HOA Board of Directors.

We hope you feel the same about your community and will be more active supporting the efforts to strengthen it. I realize how time-consuming it is to go to monthly HOA Board meetings and serve on committees; however, the more you invest in your community the more you and your family will get out of it. You have knowledge and experience that are valuable assets to the community. Make your ideas heard. Don’t let deaf ears discourage you. Use your voice, be respectful, be innovative, be a part of a better Orchard Farms.

The biggest impacts of this settlement on you are financial and the result of violations of the Covenants.

One:
Since the bylaw that allowed fines was a violation of the Covenants, the Board has agreed to stop issuing fines immediately and hold that bylaw in abeyance. Although no vote is required to void the bylaw, there my be a motion to remove it at the next annual meeting. If so, please vote.

Refunding fines to homeowners was not a part of this settlement.

Two:

All increases in annual dues in the past have been in violation of the Covenants. The Board has agreed to abide by the Covenants, Bylaws and all South Carolina Laws in this matter and in all actions.

Refunding dues over and above the base amount provided in the Covenants is not a part of this agreement.

Three:

      State Farm, the Board’s liability insurance company, will pay Mark and me $7,500. This is a pittance compared to the total cost of this lawsuit to us. 

We did not ask for money; we asked for remediation of covenant violations.

Next Steps:

Our attorney will file the appropriate papers to close this case. We will notify you when that is done.

Who Serves Whom?

Is it a myth that an HOA's purpose is to serve the community? No it is not a myth. Homeowners who tolerate being called liars, who tolerate defensive, retaliatory interactions instead of quality homeowner (customer) service from their board are allow that myth to exist.

When a community supports a landscape committee to ADVISE a board on improving existing landscape programs and building for a solid, eco-friendly, financially sound future is told by a board member that the cleanup of an existing common property is its responsibility, the myth is enabled. 

The current HOA board practices the principle of "it's not our job, it's not our fault." An HOA committee's responsibility is to advise, not execute on anything unless approved by the board. 

I encourage you to exercise your rights to expect totally transparent, respectful interactions with homeowners, encouragement and nurturing of volunteers, long-term planning plans for common properties that the board is responsible for managing. Run for a board position, encourage a neighbor to run, refresh, reboot, vote for a change in for a strong and caring group of board members to build on the really good neighborhood you are fortunate to be a part of.

How the HOA treats homeowners ... is this why none show up to board meetings? Have you all given up?

I was able to obtain a copy of the letter presented to the HOA at the October meeting. The author requested that the board include the letter in their "official" minutes. I don't think they will so here it is. The last one is a video and cannot be played from this blog but it shows the Harrison employee blowing leaves into the resident's yard.

"October 21, 2025

Dear HOA Board,

Thank you in advance for considering my concerns.  I am at an important event for my daughter and unable to attend tonight’s meeting.  It is distressing that I feel choosing family responsibilities means my home and yard are exposed to the effects of short-sighted decision making that greatly impacts my life as a resident in Orchard Farms.  

Over the past 9 years, as a homeowner who lives in an entrance, I have shared photos and videos of unprofessional yard work practices by Harrison Brothers.  Last month, when I brought up this problem again, that the landscapers were blowing all of the leaves at the entrances into the backyards of residents, my concerns were not addressed.  My remarks were noted in the meeting minutes as baseless “complaints.”  I followed up with a video of this practice occurring 2 weeks later with a landscaper blowing piles under the magnolia trees.  This video was shared with the board.  Again on Oct. 14, 2025, I recorded a different Harrison landscaper blowing leaves under the oak tree off of Roper Mountain Road.  In addition to both videos being shared with the HOA board, below are photos of this occurring.  This is an on-going problem that the board is refusing to address.  

I am requesting: 

1. Address Harrison dumping yard waste and other litter in residents’ yards so this STOPS.

2. Clean-up the piles immediately with blowers and rakes in high frequency dumping areas under the magnolia trees and oak tree.  I do not give permission for heavy equipment to be driven into my yard that leaves ruts and damages tree roots.

3. Edit the September meeting minutes removing demeaning language toward our residents.

4. Re-instate a Landscape Committee so residents have a voice and work with our HOA board for the betterment of our community.

5. Craft and follow proper procedure for adopting practices for the maintenance of our signage at the entrances.  “Beautification Zone” is not in our bylaws or covenants.  Using that term does not give a blank check to do whatever, whenever, to the yards of tax paying silenced residents of Orchard Farms.   

I am also requesting that the holly trees at the Fortuna and Roper Mountain Rd. entrance be properly trimmed and maintained.  They provide essential sound mitigation for the heavily trafficked area.  The holly bushes are slightly overgrown – but this needs to be addressed with a good trimming (perfect for this time of year).  They do not need to be removed.  In the entrances, there are many missing and dead shrubs that are eyesores.  For example, at the Fortuna entrance, there is a dead shrub and missing cubed holly shrubs where a gap was left when they were previously removed.  At the Batesville entrance, there are 2 dead hydrangeas.  The hurricane last year left many dead and damaged trees that need to be addressed in our neighborhood.  Orchard Farms needs some substantial removal and remediation of trees and shrubs.  But that does not include healthy hollies at the Fortuna entrance.  While line-of-sight has been given as the excuse, a line-of-sight survey has not been conducted by the county.  A proper trim would be a good fiscal and environmental solution.  

I am requesting this letter and the photos be attached to the October 2025 meeting minutes.

Stacey Sherman, 434 S. Orchard Farms Ave. "

"

 

DELAY, DELAY, DELAY and hope it goes away – the mantra of the HOA

Funniest thing from the meeting was the new digital clock used to shut down guests’ 3 minutes time slot to present their questions and issues. A good leader has the skills to manage interactions with the homeowners, not shut them down, cut them off, and establish dominance over those to whom he or she should be accountable. Neighbors, we deserve better.

Parking

It has been clear for some time that the HOA cannot control parking on the street except for not leaving a vehicle being repaired in the street overnight. Greenville County owns the streets. The HOA can issue violations for parking on lawns and blocking driveways or sidewalks. So instead of expecting a total solution to the parking problem in Orchard Farms, let’s all exercise respect and courtesy and think before we park, or maybe free up space in our garages, or request approval of a driveway extension, or something creative you can work out with your neighbors in a problem-solving, productive conversation.

Guest Time

For quite some time a homeowner near the Roper Mountain entrance has been bringing attention to the board the sloppy and “just bad” landscaping practices of Harrison Landscaping. At this meeting, she requested the board put a stop to Harrison spraying poison into homeowner property. For whatever reason, grass was removed and replaced with mulch, LOTS OF MULCH. The crew sprays at an angle that extends the poison into the homeowner’s yard (if you want to see the photos evidencing this, just leave a comment). Whether the poison goes into your property or not, it goes into our water table and eventually into your body. The landscapers continue to blow trash into the homeowner’s property, and this has been brought to the attention of the board for many months. It seems appropriate to fire a vendor that does not stop bad practices. It astounds many of us that this hasn’t happened. Maybe they are not getting proper instructions. Whatever the case, it certainly increases my suspicion about the relationship between the HOA and Harrison.

Finally on the Agenda - not limited to 3 minutes of discussion

Also, at this meeting and for the past three meetings, a homeowner requested the HOA clear fallen trees on HOA property behind his house. The first tree was downed by Helene and began to block water flow resulting from heavy rains in a dry-creek type drain area. After the most recent storm, a tree on HOA property fell against the homeowner’s fence and further blocked water flow. Standing water is a primary cause of increased mosquito infestation. Mosquitoes are a high risk to everyone’s health.

The homeowner also reported that a cable repair person found it difficult to work because of the mosquitoes and that his grandchildren are unable to play in the backyard. This homeowner has provided pictures as the situation has worsened since Helene. The board stated that this is not an emergency situation and they had decided to let fallen trees in a forest area lie and rot but once again promised that they “will look at it” to determine if it is a risk or can be left to rot in a “forest” area. The area behind the homeowner’s property does not qualify as a forest area. It was being mowed by Harrison Landscaping until the fallen tree blocked access. A valid question that the HOA should answer is do these fallen trees pose a fire hazard? The extreme weather is not going to get better in the future. What plans does the HOA have in place to reduce the risks the climate crisis will present to our community?

When did we homeowners get notified that if trees fall on an HOA controlled areas they will be left to rot? I cringe every time the word transparency is uttered by a board member.

And typical of the HOA’s “defensive” responses, when this homeowner tried to clarify the situation, the homeowner was “scolded” by Jason Lockaby for interrupting him. Whether a homeowner’s complaint is valid or not, he or she should not be a target for a condescending loud verbal attack.

Covenant Changes…Really?

The committee established to recommend Covenant changes has some interesting things going on, although they really don’t want us homeowners to know about them because they don’t want our opinions or participation in solving problems; they just want to make decisions and tell us about them after the fact. We have a lot of smart, community-minded homeowners in Orchard Farms but the HOA chooses to ignore all that problem-solving potential.

A couple of things under consideration are:

• Requiring buyers (not existing homeowners) to make a one-time payment to the capital reserve fund to increase that bucket.

• Requiring buyers to live in their house for one year before being allowed to rent it.

• And, the most “secret” item under consideration involves the control and ownership of beautification and buffer zones. Remember the survey, stakes with colored flags, etc. Dennis King skimmed over this item quickly saying the committee is working on it and it’s very complicated. I will add a post just on this issue later after review by my lawyer.

Next year’s budget is coming up soon. Please email or call all board members and let them know how you feel about how much money being spent on landscaping, whether the social budget should be cut to address more serious issues (Octoberfest spending could help reduce some real risks to homeowners), how to address the repair work that will be needed on the pool which is our main amenity, etc.

Here’s a link to all the board members’ contact information.

Board Members | Orchard Farms HOA