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WHAT'S UP IN REMINGTON OAKS SUBDIVISION

ABOUT THIS SITE:

REMINGTON OAKS NEWS was created in an effort to address a missing yet much needed place where residents of Remington Oaks Plat I & II can access accurate, reliable and complete information and answers to matters regarding assessments, trusts and restrictions as well as other matters relating to the subdivision.

 

We live in a large subdivision comprised of two (2) separate Boards with two (2) separate governing documents that residents are legally bound to follow. These two documents (both available to view or download in their entirety on this site) are the Villages of Remington Oaks INDENTURES and the Remington Oaks Recreational Association DECLARATION respectively. 

 

Remington Oaks News will offer a comprehensive, easy-to-read and understand look at both the INDENTURES and the DECLARATION. Where they came from, who composed them, why they are mutually inclusive with our home purchase and why you cannot opt out.

 

RemingtonOaksNews.com will keep you up-to-date on what is being posted in the minutes from meetings of both the ROHA Board of Trustees and the OLRA Board of Directors. Both can be less than accurate or complete. As residents/members, this subdivision and its Associations BELONG TO US. We have the right to see their records, the right to ask questions and the right to state our opinions and viewpoints without fear of retaliation or revenge. We are entitled to be treated with courtesy, consideration and respect. We are entitled to having Trustees and Directors that are knowledgeable (at least willing to learn), and think, act and speak first and foremost with our best interest as their guide. NOT what they personally think, like or believe - but according to the governing documents.

 

RemingtonOaksNews.com will continue to build and expand its content, information and features. We believe that all residents should be informed. With information comes understanding. With understanding comes progress.

 

Sincerely,

 – Remington Oaks News

Welcome!

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WHAT'S GOING ON AROUND THE NEIGHBORHOOD

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Petunias that Jack planted

SUMMER 2016

ROHA AND OLRA BOARDS JOIN FORCES TO HARRASS RESIDENT REGARDING WATER USAGE.

If you’ve attended a Homeowners or Recreation Association Board Meeting in 2016, or if you’ve read any of the posted 2016 Meeting Minutes, you may know that one of the hot topics has been Clubhouse water usage. Rick Lord, President of the Remington Oaks Homeowners Association (ROHA) took it upon himself to contact the Oaks Landing Recreation Association (OLRA) and ask them to restrict the use of Clubhouse water by Jack Helfrich who has been voluntarily watering heat stressed trees and shrubs around the Clubhouse on occasion, for years. ROHA and OLRA Presidents, Rick Lord and Theresa Calvert, then joined forces for the first time in many years (maybe ever) to try to gain control over this ridiculous and fabricated issue.

 

As a volunteer, Jack Helfrich aka. “the guy in the blue truck,” had been occasionally using water from the outdoor spigot at the Clubhouse, without incident, to water the trees and shrubs on the property immediate to the Clubhouse for years. He was often applauded for his efforts. He continued to do so, on occasion, as Chairman of the Greenscape Committee and as an elected ROHA Trustee into 2015.

 

Jack resigned from his elected position on the ROHA Board in 2016 due to extreme tension and bullying from the other Trustees but continues to volunteer his efforts to maintain and beautify the common grounds. His efforts included watering trees and plants (many of which were donated by residents and he had planted through the years) with water that he transports from his home, as well as water from a variety of generous residents that allow him to use their water. He feels an obligation to keep the trees and plants watered and is not willing to stand by and watch them die.

 

ROHA HAD THEIR ATTORNEY SEND A CEASE AND DESIST LETTER to Jack on May 6 of 2016, making a variety of threats to him if he did not stop his volunteer efforts on the common ground (but the letter did not mention watering). The threats included a restraining order, preliminary and/or permanent injunctions and a claim for damages. Those who know how much better the Subdivision looks because of the many years of Jack’s tireless efforts know how ridiculous the whole thing is.

 

In spite of the ROHA Attorney threats, Jack continued to beautify and water the trees and plants on the common ground throughout the Summer. In July of last year, he received a letter from ROHA President Rick Lord and the other Trustees informing him that “The Remington Oaks Recreation Board of Directors had informed (them) that effective immediately any non-trustee… is not authorized to obtain water from their water hoses/faucets.” And, “should the clubhouse find someone taking water…, they will contact the authorities to report theft of their water.”

 

It has become crystal clear that the “water theft” issue is another one of Rick Lord’s attempts to discredit and defame Jack and his character. And the Rec Board seemed happy to support Rick's questionable efforts, though Chuck Schwarz (OLRA Vice President) said that he felt they were “stuck in the middle” of the situation, at the OLRA Meeting last September.

 

Unfortunately, NEITHER BOARD CAN GET THEIR STORIES STRAIGHT – making it even clearer that something very underhanded and dishonest is going on just below the surface. Here are a few of the many inconsistencies in their stories regarding the “water theft” issue:

 

WHO STARTED THE WHOLE THING?

  • The letter from ROHA to Jack states that “The Remington Oaks Recreation Board of Directors had informed (ROHA) that effective immediately any non-trustee… is not authorized to obtain water from their water hoses/faucets.” And, “should the clubhouse find someone taking water…, they will contact the authorities to report theft of their water.” Implying that OLRA has initiated the issue.

  • Yet, according to OLRA Directors (and the Minutes posted from their September 26, 2016 Meeting), it was Rick Lord/ROHA that actually initiated the effort. ROHA doesn’t oversee Recreation/Clubhouse issues. Why was Rick even involved, much less driving the issue? More of his arbitrary and capricious treatment (aka. bullying)?

 

Why was none of this even mentioned in Meeting Minutes from either Board, until well after the fact when they were forced to answer questions about the issue?

  • Neither Board can explain why none of the conversations, nor the assumed OLRA vote to restrict Jack from using water, are included in any past Meeting Minutes.

  • Theresa Calvert, OLRA President, refused to share emails or discussions that pertain to the fabricated issue, even though they are legally bound to do so. In her words, she "considers this matter closed." 

 

Why did ROHA send the threatening letter to Jack instead of OLRA (who was clearly prompted by Mr. Lord to make the policy)? And, why was neither OLRA nor the Clubhouse staff even copied?

  • In the September ROHA Meeting, when Rick Lord was asked why the threatening letter came from him and why OLRA wasn’t even copied, he claimed that they had done it "as a courtesy to Jack since he was a past Trustee." Really?

 

Alleged original approval to access/use water.

  • The posted Minutes also state that OLRA “received a request from ROHA to allow their trustees to use the clubhouse water in support of their (Greenscape) committee. Upon receiving the request, the OLRA board voted and approved their request” almost two years ago.

  • Neither the assumed request nor the vote were ever mentioned in past Minutes nor was Jack (Chairman of the Greenscape Committee at the time) ever informed that a request was made and approval was granted to “officially” use the Clubhouse water for their own trees and shrubs. Very odd since the request was supposedly made on his behalf.

 

Request from ROHA to discontinue water access.

  • The posted Minutes from the Sept OLRA Meeting also state that “OLRA received another request from ROHA that water usage was no longer required so the OLRA board approved to remove the access to clubhouse water by the ROHA trustees.” The Minutes go on to say that “Remington Oaks residents are not allowed to use clubhouse water for plants and trees located on ROHA maintained property…”

    • The “OLRA board approved to remove the access to clubhouse water by the ROHA trustees.” It specifically says that the access to water was removed for “ROHA TRUSTEES.” No mention of residents or Jack. Really?

    • Note that not a single OLRA Director at the September Meeting had ever actually seen Jack using the water. Nor had the Clubhouse staff in attendance.

    • “Remington Oaks residents are not allowed to use clubhouse water for plants and trees located on ROHA maintained property…” The discussion has nothing to do with the “ROHA maintained property.” The Clubhouse water usage was specific to the trees and shrubs on Clubhouse grounds. And, ROHA certainly doesn’t maintain nor pay anyone to maintain the Clubhouse grounds. They don’t even contract anyone to water their own property (other than the few newly planted areas) – if they did, they would have far less dead trees and shrubs.

 

Two separate Boards, combining their efforts to try to keep a resident from voluntarily maintaining or watering trees and plants that will likely die without his efforts. How is this for the greater good of our neighborhood? It’s not.

 

Whatever your opinion is – attend the quarterly open Board Meetings and speak up. Or, send the Boards an email at:

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WHAT ARE SUBDIVISION

TRUST INDENTURES? 

According to the St. Louis County Subdivision Trustee Resource Center:

SUBDIVISION TRUST INDENTURES are written agreements that restrict or limit property used or activities in a subdivision. Indentures also detail the rules and procedures under which the subdivision will operate. These regulations and restrictions appear in the deed records and are private contracts between a property buyer and a property seller. INDENTURES ARE LEGALLY BINDING DOCUMENTS, recognized by the state of Missouri and recorded with the St. Louis County Recorder of Deeds.

 

WHO MUST ABIDE BY SUBDIVISION TRUST INDENTURES?

In unincorporated St. Louis County and most municipalities, INDENTURES ARE BINDING UPON EVERY PROPERTY OWNER IN A DEFINED PRIVATE SUBDIVISION OPERATING UNDER AN INDENTURE. Additionally, all subsequent or future owners of property in a deed-restricted subdivision are required to abide by the indenture as well.

WHO IS RESPONSIBLE FOR INFORMING NEW HOME BUYERS OF THE SUBDIVISION TRUST INDENTURES?

Since subdivision trust indentures are referenced on the title insurance policy, homebuyers should become aware of the indentures at closing. Also, it is common for trustees or a "Welcome Committee" of the subdivision association to educate new homeowners about the indentures after they move in. Associations may wish to contact local realtors and listing agents on "For Sale" properties to ensure that they are aware of the subdivision trust indentures.

 

WHY ARE USE RESTRICTIONS IMPORTANT FOR MY NEIGHBORHOOD?

Use restrictions are intended to preserve a subdivision's aesthetic appearance by setting standards for property maintenance, rules for construction on new or existing structures, and regulations for allowing or prohibiting certain uses or activities within a property in a subdivision. Before beginning any home improvement projects, it is wise to contact the subdivision trustees and review the subdivision indentures to ensure compliance

 

(* NOTE: The full Indentures of Trust and Restrictions for Villages of Remington Oaks and the Declaration of Covenants and Conditions and Bylaws for Remington Oaks Recreational Association (currently dba. Oaks Landing Recreational Association) are included on this website. You can ALSO access them by clicking on the links above.)

 

WHAT INFORMATION SHOULD I EXPECT TO FIND IN MY SUBDIVISION TRUST INDENTURES?

A well-written indenture will typically include the following components: A preface giving the legal description of the subdivision property, the parties involved, and the purpose and details of all restrictions.

 

A description of the use restrictions placed on the properties within the subdivision. These restrictions can include limits on the use, type, and size of buildings, fences, swimming pools, or other structures, the quality of construction materials, building setback lines and provisions for architectural control committees, maintenance funds, yearly assessments, boards of trustees, meeting regulations, descriptions of common land, easements, and election information. 

 

Definitions of key terms, specifications for the duration of the indenture and restrictions, their renewal and maintenance, enforcement, provisions for amendments or appeals, and application.

 

HOW LONG DO SUBDIVISION TRUST INDENTURES REMAIN IN EFFECT?

Most INDENTURES ARE DRAFTED WITH PERPETUAL LIFE SPANS and have clear provisions for renewal. However, the length of time indentures remain in effect can be determined by a variety of factors: first, some indentures stipulate that they are tied into a particular parcel of property. In this sense, the indenture is said to "run with the land." The indenture is said to run with the land because it will always apply to the land, even if the land is sold from one owner to another. Secondly, some indentures specifically detail the timeline for which the restrictions and by-laws are valid. Lastly, if an indenture has not been enforced or maintained for a long duration of time, a judge can deem the indenture invalid due to lack of enforcement.

 

(Both the INDENTURE OF TRUST AND RESTRICTIONS FOR VILLAGES OF REMINGTON OAKS and the DECLARATION OF COVENANTS AND CONDITIONS AND BYLAWS FOR REMINGTON OAKS RECREATIONAL ASSOCIATION specify that they “shall continue until such time as all plats of the Villages of Remington Oaks constituting a portion of the Planned Environment Unit may be vacated by the County of St. Louis, Missouri, or its successors.” And, “will remain in force and effect until such time as all plats of Remington Oaks and Newport Landing may be vacated by the County of St. Louis or its successors.” respectively.)

OUR SUBDIVISION'S TRUST INDENTURE IS OLD AND OUTDATED. IS IT POSSIBLE TO AMEND OUR INDENTURES TO MAKE IT MORE EFFECTIVE?

Yes. It is quite common for indentures to be updated or rewritten when they are old or are lacking substance. The ease or difficulty of amending a subdivision's trust indenture depends on the procedures established in the documents themselves.

 

Since INDENTURES ARE LEGAL DOCUMENTS, attorneys have (or should have) the necessary expertise to ensure a subdivision association drafts a properly structured and legally sound document.

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