Country Ridge HOA
Meeting
Minutes from August 15th,
2017 at 7:00pm
Board Members Present: Paul Bachtel, Rob Wozniak, Pat
Zellers, Dale Zea, Sharon Landis
Attendees:
John Torosino (Treasurer), Holly Wozniak (Secretary), Mark Landis, Craig
Daugherty, Bill Rosengrant and Tom Sadler
1)
Paul asked for the motion to call the
meeting to order @7:01pm. Rob made
motion. Seconded by Pat.
2)
Roll Call-All Present
3)
Holly read last meeting minutes. Paul
approved minutes. Update LED Lights in July meeting minutes.
4)
Treasurer Report:
Expense- $1628.53
Income- $25,749.34 (Marketing: $35.00)
Savings- $62,243.97
Petty Cash- $20.62
HOA Delinquent Fees-
108-Forclosed, bank will pay 6mths 155- 4 months
(Letter sent)
163- 2 months 164-
15 ½ months (Filed Bankruptcy)
169- 2 months 179- 10 months
205- 33 months (lien filed) 211- 10 months (deceased)
205-John wrote Pat a check to have the
filed papers served.
155- John sent letter.
164-Filed Bankruptcy. Work through the
attorney to go through the process to submit.
211-Homeowner is deceased. He was the
original home owner and the house is paid off. HOA board is researching the
next step.
5)
Old and Open Issues
A.
Paul contacted Gray’s Concrete to set up a time to get some of the
concrete work done. Gray’s Concrete is booked till October. In October, the HOA
Board is looking to start the concrete work. Paul will email for a date.
B.
Second Walk-Throughs will take place. Holly made a list of 2016 and 2017
infractions to compare which homeowners have the same infractions for 2 years.
Paul gave the date Sunday, August 20th.
C.
The HOA attorney emailed back with answers to increasing the fees. At the
annual meeting, the HOA board will be talking about the increase of fees. Prior
to the meeting, John, Rob and Bill will make a budget for the HOA by making
itemized list for expenses.
-
Actual response from attorney:
First, the bylaws state that 1/10th of the votes of
each class of membership shall constitute a quorum unless a quorum is
defined elsewhere in the Declaration or Bylaws Quorum is defined elsewhere:
Section 4.05 of the Declaration defines quorum differently than the bylaws.
4.05 speaks to quorums specific to votes held under the Annual and New Owner
Assessment Sections 4.03 and 4.04, which is what is applicable here. As such, a
quorum for a vote to increase assessments above 5% must be 51% of those
eligible to vote.
The exact language in the Second Amendment to the Declaration
Section 4.03 states, “the maximum annual assessment may be increased above 5%
by a vote of 2/3 of each class of members who are voting in person or by
proxy, at a meeting duly called for this purpose.” This is not the
clearest of statements, however, the underlined part means a quorum, i.e. the
vote must achieve 2/3s of 51% of membership to be successful.
Further, if the HOA advertises a meeting for increasing
assessments above 5% and less than a quorum of 51% of the members appears, a
new meeting may be called subject to all notice requirements. If at the new
meeting, 25.5% of the voting membership appears and are voting, there is a
quorum.
In the Declaration, it states that there are 2 classes (A and
B). A members are all unit owners besides the original Declarant. Each unit
owner is a member, but there can only be one vote per unit. Fortunately, Class
B members no longer exist because they converted to Class A on April 9, 2006
according to the Declaration, so we only have to worry about one Class.
The way these provisions work together is somewhat confusing, so
please feel free to call me for further clarification on this if you need it.
As a side note, a majority of Directors is a quorum for
Director-only votes. I’m not familiar with how many Directors you have, but
essentially this means more than half. So, for example, if its 10 Directors,
you need 6 Directors to have a quorum.
Regarding your second question, $600.00 was the maximum for that
period of time after the sale of the first unit until January 1 of the following year.
The 5% increases can go above $600. Keep in mind that increases in assessments
must be tied to the permissible uses for assessment funds as I outlined in my
previous email.
D.
Paul stated for the record on the meeting minutes, that this is not about
getting rid of Craig. It’s about placing Craig on a budget to help the HOA
budget take care of other areas within the community. Paul and Bill got a
couple of quotes from other lawn care services. Craig came to the HOA board meeting to explain
his services in the community.
Craig are $1, 125
a cut/bag/side edge/surface cleaned/spraying/other services
Jared Enfields-
$450 per cut/no bag/side edge/surface
cleaned
Zelgers- $625
per cut/no bag/side edge/surface cleaned
(Both do not offer spraying and other services)
Paul asked Craig for his recommendations and to give quotes for his
services to draft a contract with Craig.
In the annual meeting we will discuss with home owners about the lawn
care. Craig will attend the Annual meeting.
6) New Business-
A.
Architectural Committee-
139-Remove 2 front bushes and 1 back bush
B.
Emails received-
Email from HOA Attorney answering questions.
Gray’s Concrete emailed.
125-Called Paul with questions about lawn care and various questions.
6)
Topics, Questions and Concerns
No new Topics, Questions
and Concerns
7)
Set Meeting- Next meeting September 12th
at 7:00pm. Location: House 141
8)
Motion to adjourned-Paul motioned meeting to end at
8:37pm. Motion made by Sharon. Seconded by Pat.
Minutes respectfully
submitted by Holly Wozniak
