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Post date: Jun 12, 2020 3:14:52 AM
This communication is being sent out via e-mail blast and a copy is saved in the Documents section of this website. If you wish to provide your e-mail to Towne for future communications please call Towne at 859-291-5858 to speak with Dawn and provide your e-mail information.
Dear Hanover Park Homeowners,
As it is now a matter of public record, we can share with you that Hanover Park HOA is engaged in litigation with Bella Outdoors regarding the phase 3 tree replacement. We know that many of you wanted an update, however we could not jeopardize our position while we have attempted to resolve this matter. We exhausted all avenues before pursuing legal action to hold Bella accountable for the warranty stated in the contract. We have continually worked on this and met with legal counsel months ago. As you may know, legal action can take some time. When we have additional information that can be shared, Towne and the board will provide an update.
We ask that residents NOT contact Bella Outdoors or the company’s owner. As per our legal counsel, whenever there is pending litigation it is advisable to limit the sharing of details and allow the attorneys and courts to handle the matter.
To provide transparency into the actions of the Board over the last year:
The Board is a panel of volunteers, who have given much time and dedication towards finding a resolution.
The Board originally identified and tagged the trees in phase 3 and brought this to the attention of Towne and Bella in the spring of 2019.
The Board and Towne met with the owner of Bella Outdoors who was to meet with the supplier and provide a solution for replacing the trees.
In the fall of 2019, we stopped receiving responses from Bella and thus began our research into various options for replacement including pursuit of legal action.
Multiple attempts were made by Hanover legal counsel to contact Bella Outdoors and their legal counsel, with limited response.
In December 2019, the Board engaged Davey’s Tree service to review the health of the Phase 3 trees to determine which trees are viable.
Deep root fertilization was performed on Phase 1 and 2 trees and any viable Phase 3 trees.
After fact gathering took place in Spring 2020, a letter of Intent to file suit was sent to the owner of Bella Outdoors with no response.
The owner of Bella Outdoors is being formally served in June of 2020 and complaint has been filed with Boone County making the matter of public record.
The Board is aware that homeowners wish to have the dead trees removed prior to replacement, but we are waiting for information from legal counsel before proceeding with any work. We ask for your patience during this time.
Please do not expect any members of the board or Towne to answer additional questions or respond to inquiries about the trees at this time. Updates will be sent out, as soon as available.
Thank You,
THE BOARD OF DIRECTORS
HANOVER PARK HOMEOWNERS’ ASSOCIATION
Nicole Williams, CMCA
Association Manager, Towne Properties
Managing Agent: Towne Properties Asset Management Co.
500 Thomas More Parkway
Crestview Hills, KY 41017
Phone (859) 291-5858 Fax (859) 291-7767
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