To:  Walnut Hills Homeowners
From:  The HOA Board
PLEASE TAKE A FEW MOMENTS, READ, AND RESPOND TO THIS SURVEY!
As promised at the Town Hall meeting on July 19, 2023, we are following up on the decision to turn the maintenance of the Upper Easement (also known as the Upper Pond) over to the five owners of this property.  The Board also wants to reach out for input from the entire neighborhood.
To those of you that were not present, here are the facts pertaining to this easement:
• This is not a retention pond like the Large Pond on Crystal Falls Lane.  It is a Drainage Easement that is part of five homeowner’s property, (Lots 83, 84, 86, 87, and 93).
• There is not an access point to this easement without trespassing on one of the lots posing liability concerns.
• The HOA has paid to maintain this easement from the HOA dues for 20+ years.  This included water treatment, fountain maintenance and electricity for the fountain and lights.
• This year when the fountain became inoperable, the Board voted to correct this issue and have the owners of this property take over the maintenance of this easement in 2024, as do all other homeowners in Walnut Hills that have cisterns, swales, and easements on their properties.
• The HOA Board thought it unfair to ask the 94 homeowners that do not own this easement or have access to it to continue paying for maintenance or purchase a replacement fountain or aerator.
After the Town Hall Meeting, the HOA Board sought out additional information from Fishers as well as pond management vendors.
• The Fishers Director of Storm Water Management sent out an inspector on Wednesday, August 2, 2023, to assess the Upper Easement and it passed all tests.  The inspector noted some cattails near the exit conduit that should be removed to avoid issues in the future.  PondsRx has been notified, and they will remove them during their next servicing.  The inspector advised for this easement (being approximately 6’ deep), it was not necessary to treat the water and install an aerator or fountain, but to be safe, she suggested one or the other (treatment or an aerator).  
• The HOA Board requested the cost of treatment for this easement from two vendors, PondsRx and ASAP.  ASAP quoted $700 and PondsRX $1,000 annually.  If done by the homeowners, the estimated cost is $300-$400.
• Because of the $12,000 and $7,000 quotes from the pond maintenance companies, and the need to rewire electricity for an aerator/bubbler, the HOA Board also investigated the cost of a Solar Aerator kit.  One without a battery backup retails for $1295.95 and with a battery backup at $2295.95.  The Board also inquired if ASAP or PondsRX would install this solar aerator purchased elsewhere and they will not.
 
 
 
 
The five homeowners offered to quit claim deed their portion of the easement to the HOA and pay half of the fees required to survey and do the new Plat Map.
 
• This would not benefit all of Walnut Hills
• However, the HOA reached out to the Fishers Planning and Zoning Director.
1. Walnut Hills is zoned R3 which requires lots to be 12,000 sq feet.  
2. Walnut Hills was developed prior to Fishers having this requirement, the old Noblesville requirements were used (currently 8,000 sq ft minimum), therefore several lots in Walnut Hills are less than 12,000 sq ft.
3. To reduce the size of an R3 building lot that is already less than 12,000 sq. ft., the Planning and Zoning Department considers this lot as Legal Non-Conforming and will not allow it to be made more Non-Conforming.  If the reduction of a lot over 12,000 sq. ft. makes it less than the required size it will not be allowed.
4. It appears 4 of the 5 lots could not deed their portion of the easement without becoming a Legal Non-Conforming lot.
5. Therefore, this is not an option.
Since Walnut Hills HOA does not own this property, we proceeded by following the information in the Covenants and the Plat Map as well as legal advice received from Stephen R. Buschmann, on August 21, 2018, and from Stephen R Donham on November 4, 2022.  The Covenants state Drainage Easements are to be maintained by the property owners.
The property owners do not want to maintain their easement and feel the HOA should continue to maintain it with dues collected from all of Walnut Hills.  
One option the Board has suggested was an additional financial assessment for these five homeowners, however, this does not address the liability concerns.  
As a homeowner in Walnut Hills how do you think the HOA Board should proceed. Please vote for one of the following:
YES____  NO____Should the 5 Homeowners maintain their drainage easement without utilizing funds from the HOA dues?
YES____ NO_____Should the HOA Board pay for the maintenance of this privately owned easement with the dues assessed to all homeowners in Walnut Hills?
YES____ NO_____Should the HOA Board maintain this privately owned easement assessing the 5 homeowners an additional $100 - $150 annually for this maintenance.  This would also require the homeowners to sign a contract releasing the HOA from any financial liability.  Eventually the Covenants would need to be changed to include this agreement so future homeowners of these properties would be aware of this additional financial responsibility.
Please note we are asking for your opinion, prior to making a final decision.  Your opinion is very important to the HOA Board.
 
Thank you for your participation.  Your HOA Board of Directors