Hamilton Mason Road Mowing Update

 In 2024, the board discovered that our landscaping team had been cutting a significant portion of some homeowners yards along Hamilton Mason. After discussion with our legal team, we promptly stopped doing so because as a general policy, what the HOA does for one homeowner, it must do for all. In this case, cutting grass for everyone would be a cost prohibitive endeavor and would require significant increases in our dues. 

During a review of HOA easements by the HOA legal team in 2024, it was discovered that Providence Manor HOA did not have an easement along Hamilton Mason to cut the grass, except on each corner at Walnut Creek, where the entrance signs are located. The current board had assumed an easement was in place, given the long-standing policy from previous boards to maintain this land. Once we discovered this, for liability reasons, we were unable to have our landscaping team continue to cut the grass. In the spring of this year, board members knocked on every affected homeowner door at least twice in an attempt to have a face to face, neighborly conversation to explain the changes. We were unable to meet in person with everyone due to people not being home or being able to answer the door, and then notified them via letter. 

We have discussed the issue with the township and the Butler County Surveyor. In doing so, we learned that when our subdivision was established, the developer granted a right of way to the local government. In this case, as explained by the County Surveyor, that means that the local government owns that strip of land. You can view the property demarcations here. While not 100% accurate-to gain that level of precision would require a survey, it will show that every homeowner in Providence Manor has a section of government owned property abutting their property, usually from the curb into the yard 10-15 feet. 

This picture shows the approximate locations for the Right of Way present on all Providence Manor properties. 

The township has confirmed verbally that they will cut this strip of land along Hamilton Mason three to four times a year, but only along Hamilton Mason and other major roads. If you drive on Hamilton Mason, you can see the distance that the Township will cut. 

This change to landscaping only affects a very small handful of lots. It is also important to note, there are two homes on Overland Park with property that backs up to Hamilton Mason, which the HOA landscapers, to the best of the current board’s knowledge, have never maintained. We do not believe it in the fiduciary interest of the HOA to begin cutting the Right of Way for every homeowner 

We know that historically, 260+ of the 265 homeowners in Providence Manor have maintained property that while technically the responsibility of the Township, will never be maintained by the Township to the level desired in our community. 

The board recognizes that this landscaping maintenance is a change from what had been done in the past, and that change for those affected is always challenging to accept. The board believes that in the interests of both fairness to all homeowners and and as fiduciaries for the HOA, it is ultimately up to residents to maintain the Right of Way as the Township will not do so to the manner that all of us would prefer.