PETITION TO THE LEGENDS BAY ASSOCIATION, INC. BOARD OF DIRECTORS

FROM THE CLASS A HOMEOWNER/MEMBERS OF

LEGENDS BAY ASSOCIATION, INC.

The homeowners of Legends Bay Association, Inc. (hereinafter “Homeowners”) have come together to discuss the needs of our neighborhood. Homeowners plan to meet the 3rd Saturday of each month as the Legends Bay Association, Inc. HOA Board of Directors (the “HOA”) and its management, Access Management (“Access”), have failed to address issues in a consistent, fair and robust manner to enforce the Covenants and needs of Homeowners in Legends Bay.

There are two specific issues the Homeowners demand our HOA Board of Directors address as soon as possible, and herein petition for you to do so:

• The overwhelming concern for proper lawn maintenance.
• The need to enforce the rules specifically set forth in our Covenants.

LAWN MAINTENANCE:

The homes in Legends Bay range in value from $600,000 to $2.5 million, and Homeowners in Lots 38 – 189 each pay $3,920.00 per year for HOA fees, less for Lots 1 – 37 which provide their own lawn maintenance. The HOA fee paid by Lots 38 – 189 includes lawn maintenance. Nevertheless, from the inception of our community, our lawns have been poorly maintained and have been consistently plagued with patchy brown grass and weeds.

We, the Homeowners, feel strongly that it is basic to Florida homeowners to have well-maintained lawns. To be certain, well-maintained yards would significantly increase our neighborhood’s appearance and resale value. But more to the point, green lawns are a basic feature of homes in Florida, a state where the sun shines and rain is abundant. Most upper-scale communities exhibit lush, well-cared for lawns. That is not the case for Legends Bay.

Over the last several years, the lawn maintenance companies hired by the HOA have not delivered adequate services. The present company often blames local farmers who share the water supply, sprinkler heads, amount of financial compensation from the HOA, soil pH, insects, fungi, and even the homeowners. In this manner, they shift blame for our dry, unkept lawns onto others, instead of taking responsibility for the lawn maintenance. In addition, we are told by the lawn maintenance company that specific Homeowners in Legends Bay approve the lawn maintenance requests from other Homeowners, in a secretive, selective manner without Homeowner participation.

In addition to paying HOA dues for lawn maintenance, many Homeowners have reluctantly spent additional money hiring secondary and tertiary lawn maintenance services. And when lawn conditions worsen beyond repair, Homeowners are required to finance and replace their own sod, only to find that it also dies! Furthermore, Homeowners are prohibited from using other grasses other than zoysia, unless they receive individual permission from the HOA.

Legends Bay Homeowners hereby request the HOA hire a lawn maintenance company that delivers green, healthy, and beautified lawns. To achieve these results, we propose the following changes:

First, the maintenance company should replace the zoysia with St. Augustine sod (for homeowners who choose this option); the HOA and the homeowners could split the wholesale cost.

Second, the homeowners should vote annually to determine which lawn service is hired for the subsequent year.

Third, the HOA should provide transparency as to how our dues are allocated for individual lawn services (e.g., fertilizer, trimming, edging, insecticide, etc.) by giving homeowners a copy of the itemized lawn service budget on an annual basis.

Fourth, the maintenance company should send an email (or some type of notice) to the individual homeowner after rendering individual lawn services.

COVENANT ENFORCEMENT:

The Covenants of Legends Bay contain at Article 13 Restrictions, which are numerous rules that are supposed to be enforced in Legends Bay. Homeowners have reported violations restrictions, only to see either no response at all, or no enforcement by Access or the HOA.

The letter of June 15, 2021, issued by Access from the HOA Board, was more than distressing, stating that, “At this time, the Developer does not intend to institute a towing policy within the Community or to tow away cars parked on the roads and streets of the Community” based on the fact that the Developer, Medallion Homes, controls the roads within Legends Bay. Homeowners purchased in Legends Bay believing that Paragraph 13.16 regarding the restriction of vehicles and boats parking within the neighborhood would be enforced. To drive through Legends Bay is a feat in zigging and zagging among the vehicles parked in the streets, giving a low-end appearance to Legends Bay.

Yet the same letter states, “the Board of the HOA intends to institute a more aggressive approach in proposing for approval by the Fine and Suspension Committee, fines or suspensions against a resident for non-compliance” when it comes to parking restricted vehicles. Yet restricted vehicles are still parked in driveways and streets.

Homeowners wish to have the Article 13 Restrictions enforced in full. Specifically, the Articles regarding the following:

• Parking on the street and parking restricted vehicles in driveways
• Maintaining garbage containers in a garage, not leaving them out
• Picking up pet waste and properly disposing in a hidden container
• Not using the front of a home to dry clothes
• Not allowing boats and trailers into the community

We as Homeowners and Class A members of the Legends Bay Association, Inc. demand that our Covenants and needs be addressed.

Signed the Homeowners of Legends Bay

Class A Members of the Legends Bay Association, Inc.

See attached signatures.