The Jerry Springer Show Returns

 (My opinions are in red italics. What I heard and observed is in regular type. I make an effort to provide accurate information.)

After a stretch of months of fairly respectful, civilized HOA board meetings, the tension and shouting returned. Bottom line: the HOA board and Jim Donahue just can’t tolerate hearing criticism about their decisions or opinions contrary to theirs.

Round 1: Guest time.

Guests are allowed 3 minutes to speak, all except those favored by the board who seem to get unlimited time. Most of us can’t even describe what we’re wearing in 3 minutes much less provide context and data.

Guest #1: This homeowner has brought the same issue to the board for at least three meetings. The issue is using the sprinkler system to water mature hollies at the Roper Mountain entrance which causes faster growth which causes more frequent trimming. Board president Kim Lee-Anderson acknowledged the previous presentations of the issue but said that if they quit watering them they would die and the board would have to replace them. No decision was made by the board to adjust or close off the sprinklers.

I assume the no decision was a “no” and that water will continue to be wasted on these hollies. Here’s a link to some basic holly care: Watering Hollies | Plant Addicts.

I have holly bushes in my yard planted at least 20+ years ago. I NEVER HAVE TO WATER THEM and they still grow like wild fire!

Guest #2: This homeowner brought her concern about speeding to the board. She asked if the board could put up a speed limit sign or get the county to do so. The board president said the HOA is on a waiting list with the county to get a traffic study done (I assume to determine if the county will put in a speed bump?)  Speaking to Jim Donahue, she said “correct me if I’m wrong Jim” but I believe we had one in recent years and are on a wait list.

Speeding is certainly a safety issue but since the roads are owned by the county, I’m afraid the solution rests with them.

Guest #3: This guest stated what was posted on Chris Donahue’s FB page recently that there is a convicted sex offender residing in Orchard Farms. She stated that the board should officially alert homeowners and determine if there is a possibility that the person could be entering the pool or playground area in violation of the court order. The president said pool passes are issued individually and who enters the pool can be tracked.

One can assume the person’s parole officer confirmed that the distance from where he is residing to schools, daycare facilities, playgrounds, etc. meets the required 1,000 feet. Tracking individual pool passes does not verify who used that pass. It is my understanding that if an HOA board is aware of a risk, they can be held liable if that risk results in injury or harm. It is my hope that the board will check with the county sheriff’s office and confirm all the details surrounding this issue and communicate openly with homeowners.

Guest #4: The Jerry Springer Show Returns

This guest relayed a conversation with Town & Country about how difficult it is for new and existing homeowners to find information among the HOA website, Town & Country’s site, and Chris Donahue’s Facebook page. She read the document below:

The guest was cut off by the president after 3 minutes without completing the two-page document she distributed to the board.

Did you know you can request that the board include any document you present to them in a meeting in the minutes?

The president confirmed that all board members have edit access to the HOA website. The guest questioned the date recent months’ minutes were published and asked why so late. The president said she had edited the title of the documents for consistency and the dates on the files reflected those edits. When questioned about links to Chris Donahue’s Facebook page, which is not an official HOA site, Kim said it is intended to provide a resource for homeowners like other links. When the guest asked that the board remove the link to that page, the president said she finds it irritating that the guest is complaining about the HOA website since she spends a lot of time updating it.

The conversation between the guest and the president continued with the guest saying that the situation of multiple sites is confusing since the Town & Country site is a “jumbled mess.” Board member Dennis King said “the HOA has no ownership of the Facebook page but the link will stay…it has nothing to do with the board…and it will stay on there.” He continued to issue directives such as “we’re not going to discuss the Facebook page.”

This is another example of how some board members make decisions “individually” rather than present an issue to the board for a vote. It’s happened numerous times in the past when board members would engage with a vendor, spend funds, etc. without whole board approval or knowledge.

Chris Donahue said that “when you post anything negative I have the right to kick them off.”

She is within her right to block anyone from her page since it is a PERSONAL page, not an official HOA page. Maybe they would include a link to my personal page…but again maybe they won’t LOL. I wonder how Chris confirms that someone wanting to join the page is a homeowner. Did she have access to HOA documents to validate the request before becoming a board member?

Another guest, without being granted a 3-minute time slot, spoke up saying “there’s no problem with the Facebook page except the libel that’s put on it.”

I’m assuming that was aimed at me LOL.

Jim Donahue began to shout at Guest #4 saying “You’re done here. You need to sit down and shut up.”

After a minute or so of shouting back and forth, the president banged the gavel on the table and everyone ceased the shouting.

No wonder homeowners are reluctant to attend board meetings. Who would want to experience this type of behavior? I’ve taken a lot of criticism and threats for not speaking up in board meetings rather than posting in this blog or earlier distributing flyers. One of the reasons is I don’t engage in shouting matches with bullies. And my observation is that if certain people on the board disagree with your information, evidence, or opinion, they take it as a personal attack. Aren’t we all too old to view the world that way?

WHEW! What a relief to listen to the treasurer’s report.

Back to Regular Stuff:

1.       Someone made a pickle court on the tennis court with painter’s tape which can damage the court. The president will notify homeowners not to do this.

It’s not unusual to see multi-use courts. What exact damage resulted or can result from the tape? Was an expert or tape manufacturer consulted?

2.       The ACC reported that three fences were installed inside out and notices have been sent to homeowners to correct this.

I couldn’t find any ACC documents on file at Greenville County. To enforce any rules, the documents specifying those rules must be filed with the appropriate county.

That aside, ACC guidelines state “The structural support side of fencing shall face the enclosed area (i.e., the good side of the fence must face out to adjacent properties).” Again, how many homeowners know this document is on the HOA website? Did the ACC direct the homeowner to this document when they approved the request for the fence? If not, shame on them; it should be standard practice to ensure the homeowner is fully informed.

It would also be helpful if the board would take every opportunity to inform homeowners what powers it has, e.g., violation notices, fines, etc. Here is what the Bylaws state in Section 4.12 and note that you are allowed a hearing prior to being assessed with a fine.

The amendment to the bylaws filed in March of 2024 may complicated this issue, not sure. You can find that amendment on the HOA website at this link:

Er8X7rB2VwmW5WxT.pdf

And it would be helpful if all online documents were kept up-to-date. Here’s the last paragraph of the ACC fence specs. Who is Renee Diaz?

3.       The weather vane on the club house has been leaning for some time but for yet another month the board has been unable to find a vendor to repair or remove it. The concern is that if it is removed it may cause a leak in the roof.

4.       The board voted to hire a plumber to make a temporary fix on a urinal in the club house at a cost of $800.

5.       The area in the parking lot that floods was discussed at the May board meeting. The board decided to hire Ben Harrison Landscaping to install 40 feet of drain pipe and a catch basis at a cost of 4925. Dennis King asked Jim Donahue if he liked the plan and Jim said yes; a motion was made to approve the work; it passed.

Again the board looks to a guest for approval before a vote…really? But then, it’s Jim Donahue, aka armchair board member, from whom many board members seek advice and approval during meetings.

6.       There is a tree at the pool leaning across the fence and dropping debris onto the pool deck. Harrison stated he could trim up the tree for $975 or remove it for $1470. Board members agreed that if the tree falls and injuries someone or damages the fence the cost would be greater than $1470. When asked if there is money to do the work, the president said it’s available in “Chris’ budget” then immediately corrected it to “landscape budget.”

7.       The president stated that pruning the oak trees at the Roper Mountain entrance is tabled until September when new bids will be requested for pruning the trees early winter (November-February). A homeowner previously challenged the advice of Harrison Landscaping who wanted to prune the trees in June say that pruning should be done when a tree is dormant. The president said the homeowner is correct in her advice.

You would think Harrison would know the correct time to prune trees! And you would think that he would know not to pyramid mulch around the base of a tree which can cause the tree to rot. Or you would think that the board would seek a volunteer from the community with horticultural expertise to advise them on managing the largest chunk of the HOA budget!

New Business:

The president announced that three fines for parking were issued in the last month.

This issue drew a lot of discussion. A guest stated that he has spoken with a real estate attorney who told him that in almost all cases of homeowners versus an HOA about parking issues were won by the homeowner. The roads in Orchard Farms are county-owned. The HOA does not have the right to levy fines for parking in the street. This should not have been news to the board. They were told this several times in the last couple of years by previous board members. He suggested that homeowners ask the county to establish rules for the neighborhood that would restrict parking to perhaps one side of the street, etc. Another homeowner expressed concerns that parking restritions would deter families from buying in Orchard Farms.

Jim Donahue said that the “HOA has the right to take away their access to amenities because they are violating Covenants.”

I reviewed the Covenants and I can’t find anything that states that. The Covenants do allow HOA to issue violations if homeowners park on their yards, block sidewalks, have a vehicle without current license or in disrepair, etc.

The president did say that two of the fines were for issues cited in the Covenants but she was unsure about the third.

A homeowner asked if the HOA could make the homeowners in violation widen their driveway like they made her do saying “do what you did to our family.”

The same homeowner later asked about rules for the baseball field. The president said there are no written rules, just first come, first served.

A homeowner asked for an update on debris removal he has brought to their attention for the last three months. The downed tree could cause flooding of homeowners’ yard if we get heavy rains. Dennis King said he walked the area and saw no debris.

The homeowner later told me he spoke with Dennis after the meeting and showed him pictures of the area in question and was told by Dennis that the board had decided to postpone any cleanup until next year when it would be cheaper. I’ve been at every HOA meeting for a long, long time (except October 2024) and don’t recall hearing that decision by the board.

No Policy, No Worries. Just Do It

Nothing is simple at an HOA board meeting. Tuesday night’s meeting was, at best, whacky indeed.

The board voted to “give a haircut" to oak trees in the beautification zone around the president’s property. The devil is in the details. 

The RFP sent out by Town & Country was for only the Roper Mountain entrance and included only oak trees. (There are trees on community property that also need some attention, in particular the one that drops sticky stuff on the pool area.) A homeowner has expressed concerns about the tree cutting in several monthly meetings recently and took great issue with the agreed upon action to allow unsupervised work done on the trees. Primarily, the homeowner’s objection was based on (1) not being included in the planning and execution of the tree trimming service, (2) not being asked for permission for the service provider to come onto her property to put mark the trees, (3) the bad advice from Ben Harrison that now is the best time to prune the trees (they should be dormant, perhaps October/November), (4) the total lack of policy and process for performing work on a homeowner’s property that is in the beautification zone, and (5) the really bad quality of work done in the past by Harrison’s crews.

So the board decided to go ahead with the "haircuts" on the president's property but not the property of the homeowner who objected. Hmmmm. Why do the work at all? Why not wait until the trees go dormant in the coming winter? The president voiced her feelings that she wanted her trees trimmed now. It was perhaps not an intended misstep by the president but it does create an appearance that does raise an eyebrow.

The definition of and procedures for dealing with beautification and buffer zones was one of the issues we brought in our court case. We recognized the inadequacy and inconsistency of the HOA board to manage these areas, even define them. The board has had the property surveyed, good, step one. But where are the processes and procedures? It’s not only a few homeowners at the three entrances who are directly affected by the beautification zone issues. All of us are affected directly because of the cost involved with dealing with these zones. It’s our HOA dues that are used to maintain these areas.

In late 2023, early 2024, three of us homeowners tried very hard to get a landscape committee approved but were sent back to the drawing board to provide more and more written information. We were assigned a liaison, a go-between, to communicate through since we were told not to speak directly to Chris Donahue. We were told not to speak to Ben Harrison or anyone on his teams. We were told that Chris Donahue was the only one who could interact with him and if she were removed from her liaison position, Harrison would terminate his contract with the HOA. Whatever motivated the board’s actions, clearly there were and perhaps still are a suspect vendor relationship. Thus, it concerns us that he recommends tree work now, close to some really hot weather.

JUST DO IT has been the mantra of the HOA Board for many years. “Well we’ve always done it that way.” “In the past, we did” such and such is the board’s automatic response. And even when there are clear restrictions in the Covenants, no worries. Just devise an interpretation, and then just do it. Ignore legal advice. Just do it.

Just like implementing fines…just do it and figure them out later. I heard the president and a former president say those exact words in late 2024. They proposed and got passed (remember, we are legally challenging the 2024 election) bylaw changes to allow fines but they refused to let us examine any documents that would confirm that the election was conducted based on covenants and state law.

So now they are fining for things that are not in their jurisdiction or specified in the covenants. We are five months into 2025; that is a lot of time to write definitions of what warrants a fine, rules for remediating the issue, and cost.

We homeowners should demand consistency, fact-based assessments, open communication, transparency (a word that brings giggles in board meetings), long-term planning and fiduciary responsibility to meet the demands of the future. Don’t settle for less.

On a bit lighter side, the mahjong controversy addressed today on the OF Events and Happenings FB page… why would board members not allow Mahjong to be included in the game night activities Chris Donahue runs? Volunteers would teach folks to play the game. The utility bill would be the same as it is now, so where’s the cost increase? Is it an issue of control, power, since “that’s how we’ve always done it”?

Beautification Zone Meeting March 4th 7:00 p.m. -- Important!

 A great deal of contention, frustration of homeowners, and spending has circled around what is, where is, and who maintains the so-called beautification zones. There are also areas that the HOA has maintained along the old Godfrey Road area and along Roper/Batesville/Anderson Ridge entrances inconsistently. Not only do these areas need to be defined and documented but rules on maintenance need to be established and published. It's an injustice to homeowners buying in these areas to not have a clear picture of what's what and later get into a struggle with the as-always inconsistencies of the HOA board.

Even if you do not live in or near the areas in contention, it's important to come. Those areas affect all of our property values.

February Monthly Board Meeting

 My intent is to report as accurately as I can on what happens and what is said in the monthly meetings. I have put my opinions in parentheses and in bold text so you can separate opinion from fact.

Click No Comments or Comments at the end of the blog to add your comment.

Guest Time

Request for Information: A guest asked for the meaning of the pink and blue flags around the entrances. The answer from Kim was the pink mark the corner of the property and the blue marks water lines.

Request for Information and Update: A guest asked about replacing the playground gate. He expressed his concern previously that the missing gate is a safety hazard for children who can run into the street but no action has been taken. Kim said the gate was moved to the swimming pool area and discussion began among board members on the appropriate action. Russ said that it’s not a DIY type of project because it’s a custom size so the cost would be significantly more than buying one “off the shelf.” It was suggested that the original gate be put back in place in the playground and a section of fencing be added where it is now in the pool area fence.

(I can’t remember if it was a guest or a board member who said that there is a sign that states that children must be supervised so it’s the child’s guardian at the moment who should be responsible for safety. My concern is that those of us who are in our no-so-mobile years do not have quick enough resources to catch a fleeing toddler. To be denied equal right and privilege to take a child to the playground should not be the policy of the HOA.)

Guest Complaint: A guest who lives near an entrance and adjacent to a beautification area requested an explanation of how her complaint submitted on January 20^th is being handled. She sent a letter to Gwen Miller, Town and Country property manager, a portion of which states:

“I am writing to formally request the immediate removal of a dead tree and multiple dead bushes located in the beautification zone of our community. These dead plants not only detract from the overall appearance of the neighborhood but also pose potential safety hazards, such as falling branches and increased pest activity.

The presence of these dead plants contradicts the HOA’s commitment to maintaining a well-kept and aesthetically pleasing environment, as outlined in our community’s bylaws and landscaping guidelines. The lack of maintenance in this area negatively impacts property values and the overall appeal of our neighborhood.

I respectfully request that the HOA take prompt action to remove the dead tree and bushes and replace them with appropriate landscaping. If a timeline for this work has already been established, please provide residents with an update. Otherwise, I urge the board to address this issue at the next HOA meeting and expedite the necessary landscaping work.

Please provide a written response outlining the HOA’s plan to resolve this matter within 10 days. If no action is taken within this period, I may be compelled to escalate this issue in accordance with HOA regulations and local ordinances.”

The response from Gwen Miller to the homeowner was that she would “pass it on to the board.”

(I don’t take issue with this response since she has no decision-making authority.)

When the guest asked if all board members had seen the letter Kim, the HOA board president, said that she “didn’t forward to the board” and that “they are conducting business only at monthly meetings and not via email” Kim said further discussion would be allowed at the time when beautification zones would be discussed.

(Needless to say, the usual pushback from the board members began. It appeared that none of the board except the president had seen the letter. This is one of the major concerns in our lawsuit against the board, that is, the full board is not always informed of actions, complaints, and other issues which they are responsible for.)

Russ clarified the meaning of the markers at the entrances that a guest homeowner has brought up earlier. Blue flags mark the easement, orange and pink designate property corners according to the surveyor.

Agenda Items:

Committee Updates: Reports were presented for the ACC, Adult Social, Kid’s Social, and Welcome Committees.

(Nothing exciting here except the committees not reported on were Landscape (do we even have one?), Pool, Yard of the Month, and Covenant. What’s up with these, especially Landscape. Landscaping is our biggest budget area. I would think a well-informed committee would be necessary.)

Duties of Harrison Landscape: A list of the tasks for the landscape company was reviewed. A homeowner presented a complaint that Harrison is spraying poison on weeds/plants in a mulched area close to her property and requested that he stop. Chris said that the landscaper does not spray poison behind her house or in the mulch. 

(I complained about poison being sprayed on weeds in the streets and along the curbs. I was told that the growth in the cracks brought the neighborhood down. Poison is poison and it all gets into our water table. It’s not made for human consumption!)

Board Assignments: what each board member is responsible for was reviewed, e.g., who is responsible for each common property and amenity, security cameras, garbage bins, etc.

Railings at the Batesville/Roper Mountain entrance: The railings were removed in the past by a vendor who did not place them back properly. Maintenance has been challenging since. Suggestions from board members were to repaint, replace them with a different material, or remove them entirely.

(A guest suggested that a community volunteer group be created to clean and paint them. Chris scoffed at this idea saying “that will never work.” It may not have worked in the past but there are some new board members whose attitude toward homeowners is more positive and who appear to be eager to “work with” not “push away” volunteers. It is my hope that this new attitude will triumph.”)

A termite bond for the clubhouse was discussed: There has been no bond for some years. It was decided to issue an RFP to get quotes for termite coverage for the clubhouse and pool house.”

It was decided to not create an official Facebook page for the HOA.

Due to the fact that there is nothing in governing documents about how long holiday decorations can be up, it was decided to not issue violations for not removing holiday decorations but to encourage homeowners to take them down in a timely manner.

The age range for the toddler playgroup was set at infant to under-school age.

Clearance for the drainage ditch at Cresthaven/Glohaven was discussed: Using the plat map of the subdivision, access was identified and the board decided to ask Gwen Miller to issue an RFP to get quotes to clean it out.

(The reaction to the homeowner’s complaint about this drainage ditch, although completely legitimate, showed clearly that the HOA board has “favorites.” The issue presented by the homeowner about plants installed on her property without authorization was delayed again but the drainage ditch issue was deemed to be an immediate concern and they agreed to attack it quickly, get quotes and approve the fix via an email vote, which Kim declared earlier was something they were not doing anymore in the name of transparency.)

Outside pool membership: With input from the swim team leadership, it was decided to leave the cost and number of outside membership to the pool at $375 per year with a maximum of 80 members.

Beautification Zone: Kim gave a brief timeline of the survey, which was done in December, and suggested that a work group be created to propose definition of and rules for these common property areas. A meeting will be held on March 4^th at 7:00 p.m. at the clubhouse to discuss these areas. Homeowners whose properties touch or are near the entrances are those who will be affected by the decisions. There was a lot of scrutiny over the survey (a copy is on the HOA website and when I find it I’ll post a link) and 15 foot distances, measured from where, where easements are measured from, where fences and shrubs should be, etc.

The homeowner who presented her complaint during guest time asked who made the decision to plant on her property and asked why the board had not done its due diligence prior to these plantings. She expressed concerns that she would be fined for the piles of debris and for removing the plants if she chooses to do that. She was told that was told by Kim that “fines would never be an issue and will never be given for items that lack clarity.” 

(Defensive reactions came from board members Chris whose typical response is “that’s how we’ve done it for 30 years,” Carl who with obvious anger said “don’t get over excited,” and Jason who said “it sounds like you are placing blame … time to forget the past and move forward.” Russ reassured the guest that “we’ll look into it.” My opinion is that if we had not brought it up in the lawsuit this issue would have never gotten the attention it needs to ensure the property of homeowners at and around the entrance areas is protected from encroachment.”

A homeowner present at the meeting pointed out to me after the meeting that “the survey shows the beautification zone at 15 inches not 15 feet.  If the survey is wrong, the legitimacy of the surveyor should be questioned to get clarify.  It suggests that the HOA has the brick fence plus 15 inches past it (putting it halfway of the bushes behind the fence.)  No idea why we didn't realize that--I was staring at it during the meeting.  Just shows how the 15 feet idea has been so widely accepted and not questioned.”

Note that this issue is another point in our lawsuit, the unclear boundaries and inconsistencies in HOA management of those zones.

This issue clearly requires stronger, more expert leadership.)

Detention Ponds: Clarity of where the ponds are and who is responsible for maintenance was discussed with no actions taken. There are technically 5 ponds, 2 are connected to others making 3 ponds for landscapers to maintain-Cresthaven, S Orchard, and between Cresthaven and Glohaven.

(Jim Donahue said they do get bushwhacked once a year---that was new information because Chris was adamant that they only do around the edges previously.  Kim said "they only do things above water." And Jim said "there is no water--they are detention ponds, not retention ponds."  Hearing that they do bushwhack was a large departure from the previous message, and Jim sits in every board meeting--why wasn't it clarified before?  The Landscaping document provided didn't mention it.)