Minutes for August 13, 2013 Meeting

HOA Meeting August 13, 2013

In attendance: Jeanine, Bernice, Alisha, Jason, Stuart

Community member in attendance: Michelle Lawrence

Calendar Items
a. next board meeting September 10th at Stuart's home at 7:30 pm

Budget
a. Financial Report
Account not earning any interest. $2000 has been moved over to a savings account to pay taxes on money from Comcast.  Jason suggests we move a portion of the money in the general fund into a savings account (separate from savings account for tax money) that could earn some interest. 
Jeanine motions that we put $11,000 into a savings account. Bernice seconds. Passes unanimously.
Having all homes paying HOA fees has allowed us to have a positive cash flow for the year. Just a few homeowners behind. 

Discussion Items
a. Has Bach handed over the HOA to us officially?  If so, should it be in writing?

Bach closed on the last house Friday and has given Jason verbal confirmation that they have fully turned over responsibility to the HOA board.  Written agreement is not necessary.  Bach will come in and remove all of their signs.

b. What is Bach’s decision on the gates?

Bach has agreed to pay on the repair and upgrade of the gates. They have proposed to pay for their lots share of the gate upgrade.  If the cost of everything is $15,500 and the $4500 from Fieldstone was deducted that would leave a balance of $11,000 to fix them.  Bach’s portion for 23 lots would be $5270.83.  This would cover the amount that Bach owners would pay for the special assessment. We would not be able to receive money from the Bach homeowners. Need to wait for final decision on who we hire for electronics to know what Bach's actual portion would be.
Jason will ask if Fieldstone would be willing to put in extra amount to cover the rest for the Fieldstone homeowners. Already have money set aside from Comcast deal as well.  Would be less than $2000 for Fieldstone if they agree based on estimates. 
Bernice motions to accept Bach's proposal with the provision to go back to Fieldstone to see if they will pay the remainder amount to cover the Fieldstone homeowners. Seconded by Stuart. Passes unanimously.
Jason to ask gate company to come get gates to begin repairs.
Bach has requested a letter from the HOA freeing them and their Bach home buyers from any other assessments on the gates.  Letter to be drafted once we have the final amount and will need to be signed by all HOA board members.  Bach home buyers would only be free from this one time repair but would need to have a joint obligation with Fieldstone home buyers for any future repairs to the gates.

c. Community meeting to discuss gates, reserve fund

Wait to schedule after we receive final bid on electronics to let homeowners know what is going on with gates and also about the need for a reserve fund.

d. Hearing committee

Discussion if there should be a separate committee created for the hearing process.  Decided that board is willing to listen to requests by any homeowner who may not agree with fine and would consider both sides equally after a fine has been given.  Stuart motions to not create a separate committee outside of the HOA board for fining. Seconded by Jeanine. Passes unanimously.

e. Ballots for amendments

Garbage can storage - passes, after hour parking - did not pass, parking in common areas - did not pass. Lawyer will draft up final amendment and needs to be recorded. President and secretary to sign in front of notary.

f. Rules for use of common areas.

As defined in our CC&R’s, common areas include parking lots and streets. Article 3.2 (a) states that “The right of the Association to promulgate and publish rules and regulations with which each Member shall strictly comply, and such rules and regulations shall be reasonably related to protecting the Association’s interests” Discussion to enforce rules and regulations on parking lots and streets that are already in force for each homeowner. Referencing 2.9, there is to be no “open storage or parking of farm or construction equipment, boats, campers, camper shells, trailers, trucks larger than pick-up trucks or inoperable motor vehicles.”

Bernice motions that we state that the common areas are subject to the same regulations as personal property as stated in 2.9 of CC&R’s. Common areas include parking lots and streets. Stuart seconds. Passes unanimously.   

Discussion regarding parking on street during the winter months.  Jason can hire a towing company that would be contacted if vehicles are left on the streets when the snow plow needs to come through. 
Jeanine motions that we notify the community no parking on the street from November 1 - March 31 as per county regulations for snow removal. Vehicles would be towed at owner’s expense if snow is present. Bernice seconds. Passes unanimously. (County Ordinance 11.20.130 refers to parking on streets when snow is present.)

g. Suggestions for October newsletter. 

Newsletter draft will be available at next board meeting for board to approve and make any final additions, corrections, or changes.

h. Any yard letters to be sent? 

Yard letters to be sent out to all owners that have their one year anniversary within winter months that they only have a year to install their yards rather than try to create an alternate deadline.

Fining letters to be sent to homeowners that did not complete their yards after warning letter was sent.  Will send warning letters to homeowners that have weeds in areas that have been left for other landscaping (such as cement work or deck) but not to those who will keep the appearance of the area nice and free from weeds. 

i. Lot 4 fence.

Homeowners should have addressed back yard fence issue with Bach prior to closing.  Homeowners are not in violation of not having a vinyl fence because the fence is not part of the HOA property. Bach still discussing 3' section that is in the back yard of lot 36.

j. Dog issues

Discussion regarding homeowner with dog that has attacked members of community both on and off his property.  Stuart to address issue with him directly in response to an email he received from the dog’s owner.  His fine was because he has a vicious dog.  Dog also should not be able to reach any common areas, which includes the street, while it is on a lead. 

Discussion regarding dogs that are wandering in neighborhood.  County has suggested that a picture be taken of the dog wandering or their needs to be at least 2 witnesses for them to do anything about it.  Put section in newsletter regarding homeowners contacting the county animal control when they see this problem. 

Bernice motions to send a letter to owners with dogs off a leash/lead that wander on the streets warning them they are in violation of CC&R’s. Alisha seconds. Passes unanimously.

Jason asks if we would want to replace the dead trees or have them removed.  Board requests the dead trees be removed and fill in holes with dirt and sod.

4. Action Items
a. Fine letters

A homeowner has requested their fine be reversed after having completed what they were in violation of.  Vote to keep fine after letter has been sent. Fine stands 3 - 1. Homeowner can request to have a hearing with the board if they would still like to have fine reversed.  Must make a request in writing within 30 days of the letter date. 

b. Yard with gravel. 

Decision made to not take any action while homeowner is still in progress of working on their landscaping.  Will address again if not resolved by their one year anniversary.

Bernice motions to adjourn the meeting.