By Megan Hess
Review Staff Writer
On Nov. 24, Golf Atwater, the developer for the Atwater Commons condominium development, was under fire again at the Lake Orion Village Council meeting.
Village Manager, Paul Zelenak, has inspected the Commons, and had this to say about the incomplete projects:
‘The sales trailer at the site has been removed; there has been some land balancing there at that location, also. Additional sidewalk was placed on the site within that common area.The sprinkler system has been repaired [though] I was unable to inspect that.?
Jerry Hight, an homeowner association member said ‘at our first meeting? we did go through these items [on the Notice of Default to the developer] line by line, by line.?
So what about the infamous paving, the damaged curbing and the missing light pole?
Now that they have had the chance to discuss the incomplete projects and to take the recent work into account, they’ve come up with a new timeline. At the meeting, where Schandevel was present, they agreed that in addition to the work already done, the light pole must be installed by Dec. 31.
As for the heftier projects, like the paving, the new deadlines get a little sticky.
If the developer breaks ground on the second phase of the development, that is, on two new condominiums, by June 1, 2009, then the paving, the curbing and any other repairs must be completed by Nov. 15, 2010.
‘Mr. Schandevel still is hoping that they can break ground on the buildings by then, but I think that’s a pipe dream. I think even he realizes that,? said Hight.
Emily Privus, the newly elected president of the HOA, said ‘if the round has not been broken on both buildings then we would like the paving to be completed by Aug. 31 of next summer.?
Councilmember Mike Toth was relieved to hear that satisfying agreements had been made between the HOA and the developer. ‘I wish this is exactly what we had from the very beginning. …As far as I’m concerned whatever the homeowners wanted, I’m willing to go with,? he said.
But things weren’t running smoothly, yet.
Homeowners from the Atwater Commons who attended the council meeting expressed a great deal of concern about damage done to the fresh pavement during the second phase of construction.
Hight explained that the construction shouldn’t cause too much damage to the roads. And that ‘any damage that has been done will be the responsibility of the developer to take care of.?
Schandevel said he could not make any promises about repairing the pavement, but felt comfortable enough to agree with Hight.
‘We would inspect the roads prior to the construction and document that. Then after the construction of the buildings we would then go back, take a look and inspect them again. If there are any differences or damage, then we would be responsible for that,? he said.
Finally, some progress.
Village Attorney Gary Dovre reminded the council that ‘on Oct. 27 you did a deal with item numbers five, six and seven establishing a Nov. 30 deadline for completion ? for landscaping, the sales facility restoration and the light pole.? He also noted the HOA’s willingness to relax that deadline.
In response, Councilmember Toth offered up a motion to officially get rid of the deadline. The motion, which was approved four to three, did not set a new deadline by the Village, however.
Answering Councilmember Kenneth VanPortfliet’s question asking if the negotiation between the developer and the HOA was now the ruling document, Dovre said this:
‘I view the Association’s position as helpful and, knowing Mr. Schandevel’s position as the residential developer as helpful to the village in crafting an amendment that could possibly make everyone happy. That’s where I would think the village would be working toward.?
‘Rest assured,? Council President Robert Reetz said to the members of the HOA present, ‘that, you know, we’re going to take your views to heart.?