2025-12-02 Special Meeting Planter Boxes Phased Contract Review

Meeting Validation:

1. Meeting called to order by current President, Nelda Fink at 8:00 PM
2. Validate Meeting as per bylaws,
   • notice was sent via email November 28, 2025 to all BOD members, BOD quorum met,
   • BOD members validated.

Motion & Discussions

See below detailed contract submitted by Price Landscaping to repair / replace the identified planter boxes as per a site walk-through with Ms Fink that identified which planter boxes were deteriorated due to erosion and which were due to homeowner neglect. Many were due to erosion which falls on the association to repair and replace because the erosion is due to improperly installed and maintained gutters and down spouts as well as improperly installed “retaining walls structures” making up the planter boxes contributing to the deterioration by trapping the water inside the box and not properly distributing it. (In other words the planter boxes were not properly installed initially in the first place.)

The maintenance, repair and replacement of the planter boxes is declared by Article V of Sussex Square Declaration of our governing documents to be the sole responsibility of the homeowner. Planter boxes that are in disrepair due to homeowner neglect, will not be included in this project.

The Board is not liable, or in any way responsible for repairs or replacement of something that is declared to be the homeowner’s responsibility. The ONLY REASON THE ASSOCIATION IS DOING THESE REPAIRS IS DUE TO EROSION WHICH WAS CAUSED BY THE ASSOCIATION IMPROPERLY INSTALLING THE GUTTER DOWN SPOUTS. So the erosion was caused by neglect of the previous management company and BOD’s.

In fact, it is expressly declared also in Article V of the Declaration that the association is obligated NOT to pay for repairs when the deterioration is the result of homeowner neglect.

Because the total cost of the project is $124,000 Ms Fink wanted to phase the project over several years. However after reviewing the budget more closely and adjusting the budget for 2026 (see budget here) it is reasonable that the total project can be completely funded in 2025 and 2026. The phases and funding for each phase are also listed below. Price agrees to the phases with the right to re-estimate the material costs at the beginning of each designated phase. 

The contract specifies that proper measures will be taken to ensure proper draining on the inside of the planter boxes which in most cases is what caused the deterioration of the landscaping ties in the first place. Additionally, the downspouts will be re-routed to direct the water flow from the downspouts completely out of the planter boxes eliminating the extra water being trapped in the planter boxes by the rain runoff through the gutters and downspouts. Taking the proper measures to ensure proper storm water management will increase the lifespan of the planter boxes significantly.

Note that this work satisfies line item 32 in the reserve study that the engineers estimated would cost $536,000. 

Motion to approve the proposal submitted by Price Landscaping to repair / replace the planter box landscaping ties and perform repairs and installations as per the contract to improve storm water flow from the gutter systems and planter boxes themselves and to complete the work and receive payments according to the planned phases including phases in 2025 and 2026. Motion seconded by Mr. Payne: 

Motion passed 4 in favor, 0 opposed. 

Meeting adjourned at 8:10 PM.