Personal Notes, HOA Meeting September 26, 2024

HOA Meeting Notes 09-26-2024 5:04   pm

Meeting conducted via video conference (Microsoft Teams)

 

Directors Present:  Chris Andre, Dave Quinsey, David Samo, Mita Schumacher, Ed Wenz

Directors Absent:  N/A

 

FirstService Residential

Ian Navarro - Regional Director

Tiffani Rivers - Community Manager

 

III. HOMEOWNER FORUM

 

Homeowner 1A 1B

1A: Retaining wall.  In August we were told they were waiting on the landscape company.  What is the possible start date?  Ed Wenz said they may need to change contractors.  The contractor said the scope of work and price has doubled.  He asks the homeowners to be patient.

 

1B  Asked further, then David Samo said the contractor keeps raising the costs.  Homeowner said every homeowner who installs a pool deals with this, that is, you don't know everything until it is started.  Homeowner said it has taken 14 years.  Chris Andre said they approved two separate increases, now the latest cost is double.  Homeowner asked if they are going to do bids again.  Chris Andre said yes, bids must be done again. 

 

1A Said the spikes in the new straw waddle might hurt someone.

 

Homeowner 2

She and her neighbor live on Ocotillo.  The new waddles block irrigation on Mariposa.  In addition to a new landscape contractor, she thinks brush management is a huge concern.  She just got canceled by State Farm.  She said she was told that the brush clearing is on the schedule, but it needs to be done more than once per year.  She asked about the security camera installation.  Chris Andre said it is being discussed with the contractor.

 

Homeowner 3

She spoke with the City about replacing the no parking signs.  They will do it.  Regarding speed limit signs the City didn't observe much speeding, but she will check with the City.

 

She thinks the landscape contract should be put up for bid.

 

Homeowner 4

She said that over a year ago homeowners asked for the managers to be changed.  Our service is no better than before.  Her remodel was completely messed up by them.  She said we didn’t get the July 4 passes on time.  She said she didn’t want to hear again that a new person will solve the problems.  The FirstService fees go up but the service doesn't improve.  She asked why they aren't taking it seriously and why can't we discuss it.

 

Chris Andre said there has been turnover.  She replied that is the same thing they said the last time.  It's the same old tired rhetoric.  If you don't do anything year after year then the homeowners aren't going to want you on the board.  Why don't you look for a new company?  Chris said they are in lawsuits.  She said it looks like they will always be in a lawsuit.  So, they can't ever change property managers?  Chris said that the board has decided to stay with FirstService.  She said that there is no real discussion.

 

Homeowner 5

Lived here 15 years.  She said she never sees anything accomplished.  She said she meant no disrespect to Tiffani.  There is a lot of disdain for the company.  Communication, follow-up isn't done.  I know it's a voluntary position, but when you hear all of the voices you need to take action.  She doesn't understand why they don't make a change.  Samo asked for itemized list of the issues with FirstService.  She said, we aren't being heard. Landscape, abatement, communication etc.  She said meetings were canceled at the last minute and she mentioned how that impacted her.  The board has had meetings at inconvenient times.  It seems like things are glossed over but they don't follow through, then you don't want to do anything because it doesn't seem to matter.

 

Homeowner 6

Thank you Mita for having your camera on.  She noted that the other directors did not have their cameras turned on.  It is disrespectful to hide behind the empty screen.  Homeowners have been asking for erosion control for 10 years.

 

She said the HOA sued Ballos for the slide.  It was filed late.  The Ballos filed a motion for summary judgement, then they filed a cost bill that so that they can recover costs.  The next step was to file for attorney fees, but they didn't.  That makes it appear that the HOA worked out a deal to pay the attorney fees.  How much of our money was spent on our attorneys for the lawsuit, and how much did we pay to the Ballos?

 

Years ago, we didn't switch property managers because the property hadn't been fully turned over from Lennar.

 

Meetings at the last minute are time consuming.

 

She said that if the property manager made a mistake why didn't the HOA file a cross complaint against the property manager to recover costs?

 

I really want to know how much of our money was spent on attorney fees.  We <Note: former HOA director>  worked on that slide by the Ballos for a long time so there was no reason for filing late.  Insurance won't cover that lawsuit since the HOA sued the homeowner.

 

She said the HOA should've filed against Chris as well for moving his fence, which he moved days after the recall of the board.  Chris said it was reviewed by Legal.

 

 

 

Homeowner 7

A later meeting would be more helpful. More of us are going to get involved because we need fresh blood.  I know it is a thankless job that isn't easy.

 

Homeowner 8

First timer that figured it's time to get involved.  I own a property in AZ and my HOA fee hasn't gone up a penny in 14(?) years.  July 4th passes were sent late.

I pay a lot for beautiful slopes and I don't know what is happening.

 

Homeowner 9

Tiffani, you have nothing to do with it.  As long as the attorney is the same they can change property managers.  It's not true that we can't change

We have too many lawsuits.  I don't know all the details, but it appears the HOA will lose that too.  There are other homeowners with the same situation that they don't go after, not that we should.  It's a waste of our money.  The board recently sought to do work by the park.  That's not our property and we shouldn't be paying for something like that.  We didn't spend that money but they should have simply called the City, who did work on it.

 

The budget wasn't sent out on time.  I’m a property manager.  If the budget didn't go out on time I'd have to pay for it.  There was a whole year without meetings, yet my community had meetings.  A whole year without meetings is ridiculous <Note: being litigated>.  On the social committee we try to get the card funded, but we are having to ask at the last minute for that and for checks.  I spent $2000 of my own money to prevent an event from being canceled.  It took a month for the HOA to reimburse me.  They approved a budget in an emergency session <Note: being litigated>.  A budget is never an emergency as we know when it is.  I send a draft report of budgets a month in advance to my community.  $114,000 line item for legal is crazy.  I have a community with elevators, roofs, pools, etc and have a legal budget of $5000.  We need a small management company who cares.  Someone who would be impacted if fired.  A small company would need us.

 

Chris Andre said that they have two new directors.  We are listening.  This is the most homeowners that we've had attend.  He said that the City failed to take care of the slopes by the park.  There was not the best of communication regarding the budget.  It did get approved on time to be sent.  Their legal review concluded that proper notification was given.  The assessment will stay the same i.e. not increase.

 

Chris and Samo discussed the legal expenses.  Julie said the insurance should handle it.  Chris and Samo said that they need additional representation.

 

 

Homeowner 10

She noted a lack of communication, lack of follow-up, fence maintenance not addressed etc.  We should have a smaller management company.  The social committee budget increase was approved but it didn't make it to the budget; FirstService didn't get it in the budget.  We need committees who can assist.  I would run for the board, but I'm afraid of lawsuits given the lack of management support.

 

Homeowner 11 <out of sequence>

Tiffani this does not apply to you.  FirstService and the landscape contractor should be removed.  The other homeowner complained about brush clearing <Note: brush clearing is being litigated>.  Our contract includes regular brush clearing, not annual clearing. 

 

Director Samo asked the previous homeowner for a list of the problems with the property manager.  Here you go:

Failed to send notice of a recent meeting.

Failed to create minutes and/or failed to post and provide the minutes upon request <Note: being litigated>.

Poor oversight of the landscape contractor.  They simply trust them.

 

The website has been a long flakey rollout.

 

Remember when all of the Notices of Completion were lost?  That was FirstService too as I recall.  Neither the directors nor FirstService ever gave us an accounting of what was lost and what was recovered.

 

There has been a lack of response, and insufficient responses to homeowners at times.

 

When the open meetings were held in person, one FirstService manager, Richard Ford, used to whisper in the ears of board members, like an attorney advising a client.

 

Ian Navarro of FirstService make sarcastic comments to homeowners (Specific example provided—When the budget document wasn’t available on the website).  At a recent meeting I complained that I missed the May meeting because they didn’t send a notice.  Ian said I’d get the next one.  They have yet to provide an explanation.  I asked about it at the last meeting, and the directors and FirstService were silent.

 

Ian is the regional director, the manager of our manager.  If he behaves this way, there is no hope.

 

Rather than send the agenda and meeting link via email, the management company makes it easy for themselves and post it to a website.  We homeowners must log into the site and get the agenda.  They mail a hard copy of each board packet to director Quinsy, but every other homeowner has to log onto the site and find the agenda.

 

They cooperated, or at least didn’t openly oppose secret meetings.  As professionals they should not only have discouraged the practice, they should have failed to act on anything done in secret.  Instead, they forwarded the email about one such meeting to the City where I was able to obtain it <Note: being litigated>.

 

When my wall was damaged due to malfunctioning irrigation <Note: being litigated> neither FirstService nor the directors would say what caused the malfunction, nor would they say what, if anything, was done to prevent it from happening again.

 

They failed to follow the Governing Documents.

 

For years they didn’t even have the landscape plans for the development. 

 

The board approved plans for the HOA to plant prohibited plants under the watchful eye of their manager <Note: being litigated>  .

 

I think the company is too big and bureaucratic for our community, and I think that their employees are too overburdened to give us the attention that we need.

 

Ultimately, the board is responsible.  However, we need another management company to provide better service, and provide better advice to the directors.

 

My fear is that the board will not remove FirstService because they need a complacent manager, not someone who will guide them properly and refuse to take part in activities that violate the law and Governing Documents.

 

 

 

IV. COMMITTEE UPDATE & INVITED GUESTS

A. SOCIAL COMMITTEE

New members to be approved.  Their names are in the board packet.  Shannon said there are 15 names, plus Mita as the board representative.  She said they will tighten their belts since their budget now won’t be increased.

 

October 20, flyers on doorstep in the next few days, plus email

then an event in December following the Fall Festival.  The debit card doesn't get funded properly typically, so <Note: unable to capture something said.>

 

All 15 people were approved unanimously.  The names were not revealed to those in attendance.

 

V. REPORTS

A. MANAGEMENT REPORT

B. WORK ORDER REPORT

C. LANDSCAPE WALKTHROUGH/PUNCHLIST (It wasn't sent on time to be included in the board packed for the meeting.)

 

 

 

VI. CONSENT CALENDAR

A. OPEN SESSION MEETING MINUTES - AUGUST 2024

Approved unanimously without discussion.  Chris abstained.

B. FINANCIAL STATEMENT - AUGUST 2024

Approved unanimously without discussion.

 

VII. UNFINISHED BUSINESS

A. BUDGET AND ANNUAL DISCLOSURE UPDATE

Legal review determined they met the legal requirement for notification, but they are not going to raise the assessment.  Rivers said the company is addressing the issues with the disclosure so it doesn't happen again.

 

B. RETAINING WALL UPDATE

They said it was discussed during Homeowner Forum

 

VIII. NEW BUSINESS

A. LANDSCAPING PROPOSALS

Tiffani Rivers said that the landscape company did not provide them on time to include for the meeting.

 

IX. NEXT BOARD MEETING - OCTOBER 24, 2024

A couple of board members (Samo, Chris) expressed an interest in Zoom.  Mita and Ed were OK with Teams.   Ian said that the HOA can get an account for Zoom, but FirstService is using Teams.  Directors said that they were muted at times today.  Ian said they'll work on it.

 

Samo said that it sounds like homeowners are asking for better service but lower costs.  Homeowners interjected disagreement with that characterization.  Homeowner #11 interjected that the HOA pays to pick up trash on Graves Avenue (in front of the apartments at the bottom of the hill).

 

X. ADJOURN

6:33 pm

Personal Notes, HOA Meeting August 22, 2024

HOA Meeting Notes 08-22-2024 5:03   pm

Meeting conducted via video conference (Microsoft Teams)

 

Directors Present:  Dave Quinsey, David Samo, Mita Schumacher, Ed Wenz

Directors Absent:  Chris Andre

 

FirstService Residential

Ian Navarro - Regional Director

Tiffani Rivers - Community Manager

 

 

III. HOMEOWNER FORUM

 

Homeowner #1

She said that she went to City to ask about the absence of speed limit signs.  They will get back to her.  She said the Sheriff told her that most of the streets are private and wondered how to correct the Sheriff’s understanding.  She will take photos of dilapidated “no parking” signs.  Ice cream social went very well.

 

Homeowner #2

Homeowner asked if the board or FirstService had determined why they failed to email the notice for the May 23, 2024 meeting.  No one responded to his question.

 

He said he sent an email requesting minutes for nine meetings for which the minutes hadn’t been posted.  He said he received no response, and they were not posted to the web site in timely response.  He reminded that the HOA is a non-profit corporation that must follow the CC&Rs and the law which require them to make minutes available.

 

On July 25, 2024, he sent a follow-up email to Ian Navarro.  He said Navarro said no meetings were held on the following dates.  He noted that he took notes at each of the meetings, posted them online, and posted links via Twitter and Facebook so he could not alter the dates.

 

October 12, 2023 – November minutes note approval of these minutes.

 

October 14, 2021—They counted ballots for the election.

 

September 23, 2021—November minutes note approval of these minutes

 

August 30, 2021—They approved a budget with an assessment increase.  Navarro attended.

 

Meeting dates for which Navarro provided no information include February 9, 2023, October 13, 2022, and August 31, 2022 (approved budget).

 

He recommends that the HOA find another property management company.  He said Ian Navarro supervises our property manager, yet this is the level of service provided.

 

Navarro said that the homeowner got responses.  The homeowner said meaningless or incorrect responses aren’t helpful.

 

Homeowner #3

She welcomed the new property manager.

She brought up the wall that’s supposed to be built at Claret/Dracena.

She said that she understood that Padre Damn signed off, SDGE signed off, and it is with the City of Santee.

Rivers responded that the contractor needed more information, and they are reviewing it.  The homeowner asked what they needed.  Ian Navarro said it is a topic in Executive Session.  Navarro said it is not a permit issue.  Homeowner #3a said it has taken 14 years.  Ian said they will discuss it further in executive session as they didn't finish the executive session prior to the meeting.  The homeowner asked if they could be sent information following the executive session and the response was affirmative.

 

 

END HOMEOWNER FORUM

 

IV. COMMITTEE UPDATE & INVITED GUESTS

 

 

A. SOCIAL COMMITTEE

Shannon Q.

Ice cream social yesterday.

October 20, Fall Festival $1500 budget.

$7000 budget for next fiscal year, an increase of $1000.  She wants to ensure the budget is approved and the event is funded.  She wants to coordinate with Rivers regarding the email announcement about the event.

 

V. REPORTS

 

A. MANAGEMENT REPORT

 

B. WORK ORDER REPORT

 

C. LANDSCAPE WALKTHROUGH/PUNCHLIST

No discussion

 

VI. CONSENT CALENDAR

A. OPEN SESSION MEETING MINUTES - JULY 2024

Approved without discussion

B. FINANCIAL STATEMENT - JUNE 2024

Approved without discussion

 

VII. UNFINISHED BUSINESS

 

A. MAILBOX CLUSTER NUMBERING UPDATE

It will be treated as a general maintenance since only a few need labels replaced:  Cala Lily, Triana, Mirador.

 

VIII. NEW BUSINESS

 

A. 2024-2025 RESERVE STUDY

Approved unanimously

 

Will result in $7050 per month to reserves.

 

B. 2024-2025 PROPOSED BUDGET

Assessment increase of $42.11 per month per unit.  It is a 14.17% increase.  Monthly assessment will be $339.31 effective October 1.

 

Samo asked if it could be discussed in Executive Session.  Ian Navarro said it must be discussed in Open Session.

 

Approved

 

Personal Notes, HOA Meeting July 18, 2024

HOA Meeting Notes 07-18-2024 3:00 pm

Meeting conducted via video conference (WebEx)

Directors Present: Chris Andre, Dave Quinsey, David Samo, Mita Schumacher, Ed Wenz

FirstService Residential

Ian Navarro - Regional Director

III. COMMITTEE UPDATE & INVITED GUESTS

IV. REPORTS

A. MANAGEMENT REPORT/S

B. WORK ORDER REPORT

C. LANDSCAPE WALKTHROUGH/PUNCHLIST

O'Connell proposals

Tree Removal--though the tree may not need to be removed upon further information

City Park cleanup and dump fees

Plantings throughout the community--list of plants and quantities $2484

$4884 for City park cleanup and plantings.

They acknowledged it is City responsibility. Near the holidays O'Connell cleaned up the area.

Motion to approve $2484 for plants. Dave S. asked how they determine that the prices are reasonable. Approved.

V. HOMEOWNER FORUM

Homeowner #1, said that the slope behind Calico needs to be addressed for safety. He understands it is responsibility of the condos. Is there a schedule? Ian said that they were notified and should be starting. The schedule is up to the NorthStar HOA.

Homeowner #2, no specific statement, but in support of complaints regarding illegal fireworks set off in the community on July 4.

Homeowner #3 complained of dead and dying ground cover, waist high grasses, and weeds, one of which is higher than his fence. Chris told him to contact them. Homeowner explained it is a continual longstanding issue.

He said that the HOA should address the illegal fireworks in Sky Ranch to avoid the risk of liability. Dave Q. said that it is a law enforcement matter. The homeowner said that there are provisions in the Governing Documents, particularly nuisance provisions dealing with such noise and safety issues. He said that he would send them citations.

Excerpt from Sky Ranch Community Guidelines

He said that he was not informed of a meeting that the board held on May 23, 2024. He said that they again failed to post the agenda per the bylaws. Ian responded that it needs to be posted in a prominent place, and the FirstService website is a prominent place. The homeowner quoted from the bylaws that it has to be posted “in the Association property.”

The homeowner then said that he did not get an email about the May 23 meeting. Ian asked if he got the notice for the present meeting. When the homeowner said yes, Ian said that he’d get the next one. By the end of the meeting five people said that they didn’t receive notice of the May meeting. The homeowner said that the meeting was invalid. <Note: posting per the Bylaws is a fiduciary duty of the directors, and holding the meeting while failing to send the email notice was another violation of the Open Meeting Act.>

He added that the land behind Calico also includes a Pepper Tree that is prohibited. He said they should include that in their communication to the NorthStar HOA.

Prohibited Pepper Tree

Santee City Law Prohibiting Pepper Trees in Wildland Urban Interface Areas (WUI), in addition to the prohibition in Sky Ranch Governing Documents

Homeowner #4 said she did not receive the notice for the May meeting. She requested that they hold the meetings later in the day so more people can attend.

She asked about the developments for the retaining wall at Dracena/Claret. The HOA did not have an update and will discuss it more in Executive Session. She complained about how long it has taken, approximately 14 years. She said that the last time it was approved it took so long that the cost increased. Chris Andre said that lately they are going back and forth over the permit. Ed said that the City told them that it needs to be approved by Padre Dam.

Homeowner #5 asked why the meetings aren’t held in person. She said too many people can't attend during the day. People drive "Like a bat out of hell," on Cala Lily. She said it isn't just young people. It includes parents. She said that she spoke to a deputy about enforcing the speed limit on Calico, but he said the streets are private. Dave Q. said that he’s in error. She noted that there are no speed bumps. She recommends that signs be posted. Dave Q. said that the drivers will ignore the signs. Chris said that more people attend the meetings since they've been held virtually.

END HOMEOWNER FORUM

Shannon Q addressed the meeting. August 21st is the Ice cream social. She asked that a mass email be sent to save money on flyers. She confirmed with the board that the budget increase for the social committee will go forward as previously discussed. Ian said that they'll send an email. Chris asked her to inquire who would be willing to be the lead of the newsletter. Ian said that FirstService has a newsletter department, so the community only needs to provide content, and FirstService will format it.

VI. CONSENT CALENDAR

A. APPROVAL OF MINUTES MAY 23, 2024

B. FINANCIAL STATEMENTS MAY 2024

Approved unanimously

VII. UNFINISHED BUSINESS

A. O'CONNELL ANNUAL TREE MAINTENANCE

Approved unanimously.

B. SPRINT POSTAL PROPOSAL

Decal replacement on mailboxes. $2134.15

Mita said that only 2-3 of the receptacles have numbers that aren't visible.

Motion to decline--unanimous

C. SKY RANCH SIGNAGE DISCUSSION

Chris suggested that they table the topic because for possible speed limit signs.

Ed and Mita suggested further discussion of speed bumps.

VII. NEW BUSINESS

A. MANAGEMENT TEAM UPDATE

Tiffany Rivers will be the next Community Manager. She starts next Friday. She will be supervised by Ian. Ian says that he will send the community an email.

IX. NEXT BOARD MEETING

August 22, 2024

Chris asked about Executive Meeting at 4p, Open Meeting at 5p. Three homeowners said it would be helpful. He told Ian Navarro to check into what happened with the May meeting notifications.

Personal Notes, HOA Meeting 04-25-2024

HOA Meeting Notes 04-25-2024 3:06pm

Meeting conducted via teleconference (Zoom)

Directors Present: Chris Andre, Dave Quinsey, David Samo, Mita Schumacher, Ed Wenz

FirstService Residential

Nadine Bell - Community Manager

Organizational Meeting

There was a discussion about the officers, then a vote.

ORGANIZATION OF OFFICERS

PRESIDENT: Chris Andre

VICE PRESIDENT: David Samo

TREASURER: Dave Quinsey

SECRETARY: Mita Schumacher

MEMBER AT LARGE: Ed Wenz

Above officers approved unanimously

Adjourn 3:21pm

Open Session Meeting 3:26pm

EXECUTIVE SESSION ACKNOWLEDGEMENT/ANNOUNCEMENT

III. COMMITTEE UPDATE & INVITED GUESTS

1. SOCIAL COMMITTEE REPORT JANUARY 2022

2. SOCIAL COMMITTEE BUDGET INCREASE REQUEST

3. SOCIAL COMMITTEE UPCOMING EVENT/S CHECK REQUEST

4. SOCIAL COMMITTEE CARD INCREASE REQUEST

Representatives from the Social Committee attended and spoke to their requests.

Budget increase: $5000 to $6000 for next fiscal year.

Checks to vendors: Tacos in the Park $1475.21; $1050 ice cream social

They requested $1000 increase for the year, increasing the limit on the debit card to $5000. The card doesn't allow them to load enough to pay with the budget allocated. Costs have increased. They want to do some additional entertainment e.g. photo booth for Fall Festival.

There was a discussion about the costs/convenience related to the card vs cashier check.

Ed asked about participation and how outsiders are screened.

The events are announced as "Sky Ranch only." The committee does its best to monitor and they have asked some people to leave but they have not had a problem. Tacos in the Park had 120 RSVP, and attendance at other events is increasing.

Directors unanimously approved the checks and the $5000 limit of the debit card. The budget increase will be considered when the annual budget is completed.

IV. REPORTS

1. MANAGEMENT REPORT/S

2. WORK ORDER REPORT

3. LANDSCAPE WALKTHROUGH/PUNCHLIST

4. STORM WATER INSPECTION REPORTS

5. RESIDENT SUPPORT SERVICES REPORT

Mita asked about a report that irrigation is spraying on fence on Triana. Nadine said that the landscaper will check it. Mita asked about converting it to drip. She said replacing fences would be expensive. Chris said it was discussed previously and shields were mentioned. Nadine will discuss it with the contractor. Ed suggested that she ask the contractor for a recommendation. Ed asked that they look at the sprinkler behind his property to ensure that he didn't damage it while performing maintenance. He said he'll pay for any damage.

V. HOMEOWNER FORUM

No speakers.

VI. CONSENT CALENDAR

1. APPROVAL OF MINUTES FEBRUARY 2024

Approved unanimously except Mita who abstained because she was not a director at that time.

2. FINANCIAL STATEMENTS

3. MERRILL LYNCH RECOMMENDATION

Approved unanimously except Chris who abstained.

VII. NEW BUSINESS

1. O'CONNELL PROPOSAL PLANT INSTALLATION

Behind home on Cala Lily, Yucca and Cactus for erosion, $270. They asked if the boards were going to be removed. Directors said that the homeowner installed the boards and they should be removed. Ed commented that the area is FMZ, so the plants would establish roots without using irrigation. Chris said that the root establishment sounds appropriate, but the area may need to be rebuilt. Ed commented that the erosion might continue. Chris said it needs a bigger plan and the homeowner should be involved. Chris said they'd need to remove the homeowner's boards and gravel that was installed. Chris said the drainage isn't adequate. Mita said it's going to need more than Yucca and Cactus, something that's going to grow and spread. Ed said they need more investigation. Ed talked about other slope issues. Chris said the HOA and homeowners need to do their part to prevent erosion.

Nadine will inform the homeowner that they need to install plants on their slope, and discuss with the landscaper what the HOA will do. Ed and Chris said rocks and debris will come down if the boards are removed.

They will ask the contractor further information, and discuss plant installation with the homeowner, and the homeowner will be invited to discuss it with the board when they have a plan. At the next meeting they plan to review what the landscaper proposes, then move forward.

2. O'CONNELL ANNUAL TREE MAINTENANCE

Board previously approved a three year plan. Now considering $15,352 for 2024, which is the second year. Ed said that none of the trees were topped, but it might not be allowed. Nadine said that they aren't supposed to top the trees, and it makes them unhealthy. Nadine said some homeowners have topped trees because she knows that the HOA didn't pay for it. It is apparent that some people are cutting HOA trees to improve the view which is not allowed. Nadine said that the trees belong to everyone in the community. Chris said the root structure is needed.

Tabled

3. O'CONNELL COMMON AREA MULCH INSTALLATION

$2100 Focal areas Monticello, Triana, and Mariposa.

Yes: Dave Q, David Samo, Chris, Ed

No: Mita

4. O'CONNELL IRRIGATION REPAIRS

$6094.20

Fire exit from Monticello to the bottom of the hill.

Nadine said that she and Ed met with the Fire Marshal.

Nadine said that she will send the proposal to the Fire Marshal for confirmation that it is supposed to be irrigated.

5. O'CONNELL IRRIGATION REPAIR

Proposal to backfill the dirt to cover mainline irrigation PVC $740, which is part of the project discussed under item #1.

Tabled

6. O'CONNELL REPLACE COMMON AREA LANDSCAPE BEAUTIFICATION

$608 Remove struggling Lantana on Mirador, replace with White Rock Rose and another. David Samo asked about the location but couldn't review the photo because he was driving. Dave Quinsey and Mita asked if the irrigation was operating.

Approved unanimously. Nadine will ask the contractor to check the irrigation.

7. HOMEOWNER/S CORRESPONDENCE

Request for considering installation of speed limit signs.

Directors were skeptical that it would deter speeders. Mita considered painted signs on the street surface. The City would have to take the action. Nadine asked if the HOA would contact the City. Ed and David Samo suggested homeowners can contact the City. Chris raised the issue of aesthetics of adding signs and other warnings.

Nadine will tell the homeowner to contact the City. A director said that she can request speed bumps. Chris said that homeowners were unhappy with previous speed bumps and in response Lennar cut them back.

8. BUILDING RESOURCE MANAGEMENT PET WASTE STATIONS

$776. Replace existing with a pet station with a small trash can. The original doesn't have a trash can.

Unanimously approved

9. BUILDING RESOURCE MANAGEMENT FENCE REPAIR

Remove and replace (2) 2x6 Morella Street (Woodcrete fence) <Approx $1000>

Unanimously approved

10. SPRINT POSTAL PROPOSAL

Decals on mailboxes are faded. Brushed black foil decals $2115. Dave Quinsey said the cost is exorbitant. Nadine said the cost is primarily labor. Ed questioned whether the decals would hold on oxidized metal. Nadine recommended that Ed contact Sprint Postal, if they are going to table the issue. Ed suggested that the mailboxes might need to be repainted first. David Samo said he looked and found that some do not need to be replaced.

Tabled.

11. SKY RANCH SIGNAGE DISCUSSION

Chris wants to ask the City to the install "No Outlet,""Dead End" signs:

No Outlet--near Graves at the bend; another midway up the hill; another by Northstar; East side of Calico near the mailboxes; Lower end of Mariposa, going up Mariposa; Cala Lily at Monticello.

Dead End: Morella near the trail; top before Baja Ocotillo.

Ed suggested the sign at Graves be at the bus turnaround, and perhaps at Calico, to avoid encouraging u-turns in the middle of the road. He asked Chris if he thought all the signs would make a difference. The aesthetic issue was raised again.

Directors will review the location and number of signs to be requested.

Ed suggested that perhaps other signage should be considered e.g. "No parking on street corners" at Calico/Sevilla, and perhaps some additional red curbs.

12. SECURITY FIRST PATROL HOURS DISCUSSION

Change in patrol hours from 8pm-4am to 7pm-3:30am. Friday, Saturday, Sunday--dedicated. Other nights five visits.

Approved unanimously

13. NEXT BOARD MEETING: May 23, 2024

14. ADJOURN: 5:51pm

Personal Notes, HOA Meetings 02-22-2024

HOA Meeting Notes 02-22-2024 3:00pm

Meeting conducted via teleconference (Zoom)

 

Reconvened Annual Meeting

 

Directors Present:  Chris Andre, Dave Quinsey, David Samo, Ed Wenz

 

FirstService Residential

Nadine Bell - Community Manager

 

Inspector of Elections-Jennifer

25% ballot return required for quorum, which wasn’t met.

58 ballots were needed, but only 55 ballots were returned.  No ballots have been received for the last two weeks.

 

The meeting will be reconvened on March 14th.  The requirement for 58 ballots will not be lowered.

Jennifer said a law was recently passed that lowers it to 20% in the future.

 

ADJOURN 3:13pm

 

 

OPEN SESSION MEETING 3:13pm

 

<Note:  One of the costs is missing and others might be slightly inaccurate, so check official minutes when available.  They read rapidly from a packet that is not available to the audience.  Landscape proposals during this meeting were not discussed in detail e.g types of plants.  The directors have the proposals in their packets to review.>

 

II. EXECUTIVE SESSION ACKNOWLEDGEMENT/ANNOUNCEMENT

Executive session was held prior to the open meeting.

 

III. COMMITTEE UPDATE & INVITED GUESTS

No updates so nothing was discussed

 

IV. REPORTS

 

1. MANAGEMENT REPORT/S

2. WORK ORDER REPORT

3. LANDSCAPE WALKTHROUGH/PUNCHLIST

4. STORM WATER INSPECTION REPORTS

 

No discussion

 

V. HOMEOWNER FORUM

 

Homeowner #1: <This homeowner couldn’t be heard.  It seemed they communicated via chat, or perhaps the HOA addressed her comment based on a previous email.> Water running.  Nadine said, that all the HOA water is turned off, maybe a homeowner’s water is responsible for the issue.

 

Homeowner #2:

The executive session agenda again lists “Personnel Matters.”  He wondered who they were talking about since the HOA has no employees/personnel.  The agenda is inaccurate.

 

“Please post the minutes from the last meeting ASAP, so we don’t have to exchange email to get them.”

 

He showed a photo of a tree trimming that he described as a butchering.  Nadine said that the HOA didn’t do that.

 

At the April 27, 2023, meeting he explained the fire hazard conditions (fuel modification zones) and showed pictures of the south emergency access road, and a diagram from the CC&Rs showing the HOA’s responsibility.  He didn’t understand why they didn’t take action.  It is clearly documented in the CC&Rs.  “I’m suing you” and yet you ignored this.

 

After ten months of inaction there appears to be some brush clearing, and the debris has been left in the street, including entire trees.  There are filled trash bags thrown to the side of the road.  It’s unsafe, it’s negligent, and the brush clearing is already included in the landscape so there is no additional cost or excuse.  He showed a series of photos taken the day of the meeting which are difficult to present in a Zoom meeting, but he said they would be available online.  Wenz commented on the irrigation equipment in the photo and that it was temporary.  Homeowner referred him to the CC&Rs (FMZ) and City code (FMZ, Fire Apparatus Road).  He said there are staked trees that are dead.  It has not been cleared in years. He said all of the emergency access roads and the main entrance are compromised.

Emergency Access Road, debris left in the street.

Emergency Access Road, debris left in the street.

Emergency Access Road, debris left in the street.

Trash bags with debris along the emergency access road.

Irrigation equipment by the emergency access road.

Emergency Access Road, debris left in the street.

Emergency Access Road, debris left in the street.

Tree butchered on Monticello Street.

END HOMEOWNER FORUM

 

 

VI. CONSENT CALENDAR

 

1.       APPROVAL OF MINUTES JANUARY 2024

Approved unanimously

 

2. FINANCIAL STATEMENTS

The statements were not available when the packet was created, they will be added to the March packet.

 

VII. UNFINISHED BUSINESS

 

1. ADDITIONAL TRASH RECEPTACLE LOCATIONS

BRM says that they took a financial loss the last time. Samo asked them to break down labor and parts.  Nadine will resubmit to the contractor, therefore tabled for now.  Wenz said there should always be such a breakdown.

 

2. COST SHARE DISCUSSION

No new information to discuss.

 

VIII. NEW BUSINESS

 

1. NEWMAN CPA, PC 2023 REPRESENTATION REVIEW AND TAXES

$1700 for the 2023 review.

Approved unanimously.

 

2. O'CONNELL COMMON AREA STRAW WADDLE INSTALLATION

Directors reviewed a map of areas to install straw wattle.

Approved unanimously.

 

 

3. O'CONNELL CALA LILY SLOPE BEAUTIFICATION PROPOSAL

$6410 Approved unanimously.

Samo asked if it has straw there now.

Wenz said the open space and the area maintained by the HOA is clearly defined.

 

4. O'CONNELL MARIPOSA STREET FOCAL AREA BEAUTIFICATION PROPOSAL

$2103

Additional plantings at corner of Mariposa and Mara Villa

Samo wanted to avoid a situation like where poles were pulled by someone who owns the property.  Ed said that this is not Morella.

 

Quinsey said that he did not have access to it.  <Note: We saw the map as Nadine put it on the screen.> Apparently, hyperlinks weren’t working on the document.  Quinsey said that he can’t get past page 8.  Nadine sent it to him via email, then she sent it to him via Drop Box

Approved unanimously except Quinsey abstained as he couldn’t review it.

 

5. O'CONNELL OCOTILLO STREET SLOPE BEAUTIFICATION PROPOSAL

$774

Plantings on Ocotillo slope.

Samo asked who could see it.  Nadine said it can be seen from Ocotillo.  Chris said it was a minimal cost and shouldn’t leave out homeowners.  Wenz said that it is very visible from the street below.  He said it is referred to as Baja Ocotillo.

 

Approved unanimously except for Dave Quinsey who couldn’t review it in the packet.

 

6. O'CONNELL COMMON AREA MULCH INSTALLATION

4 proposals, total $9525

 

Mirador and Sevilla

Bella Vista

Monticello

Triana

 

Wenz said they need it for erosion control

 

Approved unanimously except for Dave Quinsey who couldn’t review it in the packet.

Wenz offered to go to his house and check his settings.

 

7. HOMEOWNER/S CORRESPONDENCE

None received.

 

8. NEWSLETTER APPROVAL AND DISCUSSION

$105.80

Single page or front/back, every other month.

Approved unanimously except for Dave Quinsey who abstained.

 

 

9. POSTCARD REMINDER PROPOSAL

4x6, two-sided, $330

Reminder regarding violations of community rules, specifically commercial vehicles.

Photo and verbiage not determined yet.  “The white magnetic signs don’t work anymore.”

Approved unanimously except for Dave Quinsey who abstained.

 

 

IX. NEXT BOARD MEETING March 28, reconvened on March 14.

 

X. ADJOURNED 3:59pm

Personal Notes, HOA Meeting 01/25/2024

HOA Meeting Notes 01-25-2024 3:10pm

Meeting conducted via teleconference (Zoom)

 

Annual Meeting lacked quorum.

Needed 118 ballots

49 ballots returned

 

Annual meeting to be reconvened February 22nd

 

<3:11 pm>

 

Directors Present:  Chris Andre, Dave Quinsey, David Samo, Ed Wenz

 

FirstService Residential

Nadine Bell - Community Manager

 

Executive Meeting was held prior to this meeting.

 

IV. REPORTS

A. MANAGEMENT REPORT/S

B. WORK ORDER REPORT

C. LANDSCAPE WALKTHROUGH/PUNCHLIST STORM WATER INSPECTION REPORTS

D. STORM WATER INSPECTION REPORTS

 

 

HOMEOWNER FORUM

 

Homeowner #1

Decide the method of delivering the electronic agenda and use it consistently.  It has been sent a numbe of ways:  Email with download link; email with attachment; email with the agenda in the body of the email; This time we received an email simply stating that the agenda is on the FirstService website.

 

The phone number for the meeting doesn’t work.  The message said, “It isn’t supported.”  Nadine said she would remove the number.  The homeowner said that they test the numbers that they use.

 

He recommended against funding the agenda item Graves Avenue Trash Pickup.  He noted the number of other activities that should be the priority for the landscapers.  E.g. Weeding; Removing the large number of prohibited plants that pose a fire danger; Checking the irrigation; Maintaining the landscape along the emergency access roads.  He said brush is protruding into the roads.  He said that homeowners will not be able to use those roads if there is nearby fire.  Fire and life saving equipment won’t be able to enter.

 

 

 

Homeowner #2:  He said that he agreed with Homeowner #1 in that the electronic invite is not consistent.  He said that there are a lot of hoops to jump through.

Chris asked him how he joined the meeting.  He said the email was a notification and he logged onto the website to get the agenda.

 

END HOMEOWNER FORUM

 

 

 

VI. CONSENT CALENDAR

A. APPROVAL OF MINUTES NOVEMBER 2023

B. APPROVAL OF MINUTES DECEMBER 2023

C. FINANCIAL STATEMENTS

 

Approved unanimously without discussion

 

VII. UNFINISHED BUSINESS

A. O'CONNELL GRAVES AVENUE TRASH PICK UP

David Samo said the City has other priorities.  He said they do it quarterly, but it isn’t enough.  It approves the attractiveness coming into the community.

 

Wenz asked about quotes.  Nadine said $150 per week.

Chris Andre suggested every two weeks.  It is outside of the contract.  The HOA could do a work order for additional collections.  Chris said it will improve the appearance.

 

Chris said it is the entire west side of Graves up to the condos.  He said it is the right-of-way along the road.

 

Samo made the motion for bi-weekly (every two weeks).  Wenz 2nd.  Approved unanimously.

 

 

B. ADDITIONAL TRASH RECEPTACLE LOCATIONS

 

Nadine said that the installation cost by BRM has increased to $4069.10 for three new receptacles.

 

Chris mentioned two locations halfway up Sevilla, and near Sevilla/Calico near the mailbox.

Samo suggested one near the entrance.

 

Motion to approve up to $4069.10, but a discount will be requested.

Tabled to determine the location and request discount.

 

VIII. NEW BUSINESS

A.     COST SHARE DISCUSSION

Nadine repeatedly said that this was item C under unfinished business, but in the agenda it is item A under New Business.

 

Annual cost share with NorthStar

$3969.80

$5241.57

$3678.85 (owed)

Approved unanimously

 

B. SAN DIEGO STORMWATER SOLUTIONS PROPOSAL

 

Need to clean 6 CDS units $7104.

Approved unanimously

 

 

C. HOMEOWNER/S CORRESPONDENCE

Remove one of two trees behind her home.  She said that she is willing to pay the expense.  Management does not recommend removal of common areas trees unless causing damage.  The discussion was that it would open a can of worms to remove trees to protect views.

 

D. O'CONNELL COMMON AREA PLANT INSTALLATION

$500 Rock Rose, Sevilla “Area 5” near first home on the right coming up the hill.

Approved unanimously

<Note:  Never heard of property identified as “Area 5.”  In the Governing Documents the land is identified by lot number/letter.>

 

E. O'CONNELL MONUMENT PLANT INSTALLATION

$570 Birds of Paradise, 15 - 5 gallon.  Rabbits ate the recent plantings.

Chris suggested they would be placed on Sevilla, going up the hill, between the Bougainvillea, to add color.  From monument to the block wall.

Approved unanimously

 

 

F. O'CONNELL COMMON AREA MULCH INSTALLATION

Nadine said that she doesn’t have the map, yet.

Quinsey says he’d like to know the cost per foot. He noted the total is $11,980.

The wrong item was attached to the packet.

The landscapers ran out of mulch before completing the job along the entrance.

Tabled.

 

 

IX. NEXT BOARD MEETING

The Associations next regularly scheduled Open Session Meeting is to be held on February 22, 2024. (Per the agenda, but not discussed, though the annual meeting will be reconvened on that day.)

Personal Notes, HOA Meeting 12-18-2023

HOA Meeting Notes 12-18-2023 1:16pm

Meeting conducted via teleconference (Zoom)

Directors Present: Chris Andre, Dave Quinsey, David Samo, Ed Wenz

FirstService Residential

Nadine Bell - Community Manager

No executive session held prior to the meeting.

HOMEOWNER FORUM

Homeowner #1:

She requested a member list for screening people wanting access to an unofficial online group.

Nadine said that homeowners can opt out of such lists using the web site.

Homeowner #2a:

He asked about the kind of plants that will be used on HOA property next to his lot. Will they meet fire guidelines. He said that the HOA uses Bougainvillea which is not ideal.

Directors responded that the landscaper proposed Bougainvillea that will be low lying, Orchid Rock Rose, plants that are not on the Do Not Plant list.

He asked, can I push back on Bougainvillea being planted so close to the house?

Homeowner #2b: She said, please don’t plant Bougainvillea. The flowers are flammable. They are prohibited in other communities.

Chris: They will proceed without Bougainvillea and reassess; he apologized about it and will proceed with something else. He said that the landscapers said Bougainvillea will be kept low lying.

Homeowner #3:

The meeting wasn’t posted as required by the Governing Documents nor as the email stated.

He said that the HOA needs ground cover growing. Straw wattle should be a temporary measure. Mulch is needed in many areas in the community.

He said Nadine came to his lot about a year ago and said it would take time to fix the landscape. He said he appreciates what was done, but it is still very bad. He said it seems that talking to the HOA simply doesn’t work. He then showed three photos, two of which he previously sent to the HOA at their request.

He said much of the slope above his house remains barren. He said the ground is eroding and exposing the roots of a tree. He said this condition has only worsened since he first sent the photo.

Erosion exposing tree roots. Barren ground.

He then showed a photo of a Pepper Tree, that he previously sent to the HOA. He said it is prohibited by City code because we are in a wildland urban interface.

Prohibited Pepper Tree that should be removed.

He then showed a photo of how the HOA addressed the tree. Rather than cutting it down, most of the upper branches were chopped off and a few sprigs of leaves left.

What the HOA did rather than remove the prohibited tree.

Chris asked why the posting of the agendas is an issue if he knows when the meeting is held. He said that they addressed the posting issue. He also complained about the cost of litigation.

The homeowner responded that they addressed the law regarding the posting requirement, but are ignoring the requirement in the Governing Documents e.g. bylaws. He said all of their issues are the result of failing to follow the Governing Documents, and that they should abide by the documents that they are also required to enforce.

END HOMEOWNER FORUM

New Business

O’Connell Mulch Installation

Monument to Calico/Sevilla

$2600

Approved unanimously

Chris said they met with O’Connell and this is some of the results.

O’Connell Sevilla Street Plant Installations

5 planting quotes, each side of Sevilla, and at Calico/Sevilla

1-4 proposals approved unanimously

#5 not approved to reconsider bougainvillea. Ed said bougainvillea is not a fire risk to their knowledge.

$1788

Next Meeting, January 25, 2024

Adjourned 1:43pm

Personal Notes, HOA Meeting 11-30-2023

HOA Meeting Notes 11-30-2023 3:42pm

Meeting conducted via teleconference (Zoom)

Directors Present: Chris Andre, Dave Quinsey, Ed Wenz

Directors Absent: David Samo

FirstService Residential

Nadine Bell - Community Manager

<Homeowners were unable to log into the meeting at the scheduled start time of 3:00 pm. The agendas were on the web site, and sent via email. The meeting ID, password, and phone number were different on each agenda. None of them worked. The link in the email agenda resulted in a message stating, "...the host's account is no longer active." Manually entering the meeting ID produced a message, "Meeting Number Not Found." I contacted FirstService who worked with Nadine to get us in the meeting. The board and Nadine said that they had not started the meeting due to the difficulties. They noted that a homeowner had been able to attend the meeting. Apparently they took part in the executive session prior to the open meeting. Nadine sent a broadcast email with a new link so that everyone could attend. While we waited we discussed it. Nadine mentioned their systems that create the agendas and send email might have caused the problem. The meeting was being held via Zoom, yet the links that homeowners received were for WebEx. Julie Q. could be heard reporting to Dave Q. what homeowners were writing on the unofficial Sky Ranch Facebook site.>

REPORTS

Management Reports

Work Order Report

Landscape Walkthrough/Punchlist

Storm Water Inspection Reports

Resident Support Services Report

V-Ditch Inspection Report

-No discussion

HOMEOWNER FORUM

<reverse chronological order>

Homeowner #2

She noted that she’s observed screens broken out, lawns with weeds, etc. She asked if they have homeowners on the landscape committee to send letters to the homeowners.

Nadine: She said that there is no landscape committee, She drives the community with O’Connell.

Homeowner #2 said that complaints requires two people to complain.

She’s not talking about little weeds. She said that they aren’t pleasing yards to look at. So many slopes are dirt covered or weeds. Nadine said she knows about the slopes and is following up on the slopes

Ed said they need more eyes and ears and know when issues aren’t resolved.

She said it is important to recognize homeowners who have great landscape and make the community look good.

Homeowner #1

He said, I have the impression that the employees of FirstService are over worked. I have no idea how many communities each of these employees must service. We should be making their job easier by simply following the rules and enforcing the rules.

He asked if there any reason you think you don’t have to follow the Governing Documents, specifically, the Bylaws which state, “Notice of all regular meetings shall be posted in a prominent place in the Association Property…not less than four (4) days prior to the meeting.” He asked, is there something I’m missing?

Excerpt from bylaws, part of the governing documents.

He asked, one day did directors just decide it’s too much effort to post the agenda, without any notice to the community?

Who made the decision to not post the agenda for today’s meetings?

Was it another secret meeting? Why not simply discuss it in a meeting.

He said, that despite your attorney stating that you are following the Governing Documents, I have two new examples to the contrary this past week. First, failing to post the agendas. Second, taking 2 months to supply a budget document that the CC&Rs require to be available within 10 days.

He said to make it easier to manage. If you were more open, and hadn’t purged your knowledgeable volunteers, it would be easier to manage. And maybe walk the half block to the park to post the agenda. Maybe look at the landscape.

Discussion:

Nadine said that legal counsel said that they comply with the law, by posting the policy about where the agenda can be found.

Homeowner #1 said that the governing documents are additional requirements.

Nadine said that they put their policy in the budget document.

Homeowner #1 said the governing documents take precedence. He said he will pursue it. Chris Andre said they would research it further.

Chris Andre asked the homeowner if he was in litigation with the HOA.

Homeowner #1 said yes, and asked what that had to do with it.

He said it has been nine years since the HOA purged the volunteers. He said there was an election and the homeowners made a decision. Homeowner #1 said that the homeowners elected a board of directors, then the board of directors purged the volunteers. He said the HOA got rid of knowledgeable volunteers who are still in the community, who clearly are needed, and the HOA never repaired the damage and doesn’t have a large pool of volunteers from which to choose.

Chris Andre asked if Nadine had visited the site by his home. Homeowner #1 responded that she had, and she saw the issues, and there has been improvement, but there are still problems. He said at a prior meeting the board acknowledged the terrible condition of the property at Sevilla and Calico, but they never did anything about it. Chris said to send more information.

END HOMEOWNER FORUM

CONSENT CALENDAR

Approval of Minutes October 2023

Financial Statements

-Approved with no discussion

NEW BUSINESS

CDS Unit Cleaning

Building Resources Management Notice

Effective November 1, $61.05 per hour and $22.50 for <something else—too fast to type>

O’Connell Graves Avenue Trash Pick Up <Proposal to pick up trash on Graves Avenue>

Corner of Graves, $150 per week.

As you turn left onto Graves from Prospect. No vegetation on left side, right of way. Chris said they spoke to the City, but they don’t keep up the area.

Ed said that he wished the slope by the park was included for $150

Chris said the City is not taking care of the property by the park with the proper cadence.

Nadine asked if $150 per work order would be better, but Chris said it needs to be done regularly.

Ed asked if this is “before the area we are required to maintain.” Chris said ‘Yes”

Chris said it is on the west side of Graves across from the apartments.

Chris said is the whole length of Graves, but not right at Prospect.

Chris said it is a 4-5ft area with just mulch. He said he asked the City to install plants, but there is no water.

Ed suggested that they table it.

Chris said Samo is in favor.

Chris said that Nadine has had it cleaned periodically. Nadine handled it informally, paying them with donuts, though it wasn’t clear if they meant donuts literally.

Homeowner #2 asked if the NorthStar condo would contribute to the cost.

O’Connell Straw Waddle [sic] Replacement

$11,980 proposal to replace all straw wattle.

Dave Q asked for it to be tabled for a map. Ed agreed.

Chris said the map is on page 75.

3550 feet straw wattle, plus stakes.

Chris said it shows on the bottom of Triana, Sevilla north side of road from Cala Lily to Calico, then down Mirador.

Ed said it didn’t need to be near the sidewalk. He said they over-installed during the storm water issue. He said it isn’t needed where it is flat dirt next to the sidewalk. Ed said he hadn’t seen this map and would like time to review it.

Ed, Chris, Nadine, and Homeowner #2 will meet to review/discuss.

Item tabled.

O’Connell Brow Ditch Estimate

Location/mapping was discussed.

Ed said the intent is to repair as needed. He said it might be better to work on it every two weeks rather than spend $10,000 to fix. Nadine said it involved repairs, and then Ed said it might be beyond cleanup every two weeks.

This is related to repairs paid from the Lennar settlement.

Nadine said the link in the board’s packet wasn’t working, so she was working on it.

Nadine displayed a map with locations.

They didn’t state the cost, presumably it was written in the board packet, but Nadine said the cost was only for the report, not the repairs.

Item tabled.

Settlement Project Discussion

Nadine said they have a laundry list of items that they can fix using the settlement funds $315,000.

The settlement funds are in a separate fund from the reserve funds.

Examples of work is slopes, slopes too steep leading to erosion, lack of grommets and paint to prevent rust where cable meets fence posts which can be a liability because some of the cables have broken.

Chris said they need to get bids for safety fencing issues.

Ed said that it sounds like they didn’t use galvanized cable and posts.

Chris suggested that it needs to be strong enough to support a person that falls against it.

Nadine said this agenda topic was to review the report.

Ed said he can make a list of priorities, with safety the most important.

Additional Trash Receptacle Locations

It is expected to be a little more expensive, perhaps 5%, than those approved in May.

Homeowner #2 mentioned that she sees some people aren’t picking up after their dogs. They briefly discussed existing bag stations. She said she’s seen some people putting their home trash in the HOA trash cans.

Chris said they’ve heard good feedback about the trash cans. He suggested Nadine get bids for another three.

Ed asked how much they are being used. Dave Q said some people still throw trash by the cans. Homeowner #2 said the can at Triana has been used by homeowners for home trash. Chris explained those were original cans installed by the developer. Chris said the HOA installed cans at Castilla, Sevilla near Calico, and halfway up Mariposa. Chris said he’s seen trash in the Castilla and Sevilla cans.

Chris suggested that Nadine also get quotes for dog bag/trash can stations. Chris asked the homeowners for feedback on locations.

Community Newsletter

Chris would like to resume the newsletter that was discontinued when they lacked content. Persons that may contribute: Mita S., Teresa G., and Shanon O., Homeowner #2 said she had suggested content to one of the potential contributors. Chris said the Social Committee will work on it. It could include events e.g. Tacos in the Park, Christmas lights awards. Homeowner #2 said Mita was in this meeting but got bounced off and they were texting. Nadine said she would send her a link. Chris will be the committee chair.

Chris motion to start the newsletter, Ed second, unanimous approval.

Cost Share Discussion

<This was a long discussion. The notes reflect key points only.>

Nadine has been unable to get a meeting with the accounting department.

Ed asked if the total is $3021.38

Chris said this issue can’t be tabled, and that they need to deal with it now.

Nadine said Northstar had a question which she referred to accounting, but she hasn’t received a response.

They reviewed some of the correspondence between Nadine and Northstar.

Chris motion to reimburse Northstar for FY 2020 $3090.56

Ed asked if it can be broken down, itemized, to avoid run-on sentences with numbers. He said it would be easier with columns, subtotals etc.

Motion approved unanimously

FY 2021: $419.88

Chris said that it appears she (Northstar) notes discrepancies. He asked Nadine who works on it, the accounting department? Nadine said, yes. Chris said it appears Northstar is mixing years. He said they invited her to attend this call and the previous call, but she hasn’t participated.

The correspondence included various places where Northstar says they were erroneously invoiced by Sky Ranch.

Nadine recommended more research as she pulled up a spreadsheet that is completely different than what is in the email. She said she will pursue it with accounting. Chris said they really needed to have accounting prepared for this.

Chris recommended that they approve $419.88 as requested by Northstar, and they can resolve it later if the accounting department finds an error.

Ed reiterated the need for a spreadsheet that has columns, totals, etc.

Nadine said $2117 is owed by Northstar according to a spreadsheet, but Northstar says there are discrepancies.

Unanimously approved $419.88 reimbursement to Northstar.

Chris said accounting needs to review, they can do a quick meeting to review/approve.

Chris asked Nadine if the 2023-2024 cost share budget had been sent to Northstar. Nadine said if she hasn’t, she will.

Chris and Ed will work on it. Nadine will pursue it with the accounting department.

Landscape Improvement

Chris said he has been concerned that they have been upping their game for the service contract. More work is performed when the HOA interacts with them. He pointed out that there is mulch lacking near the monument. HOA only recently learned that the 4G controllers had been received. Chris said they need to be more proactive. Chris said greenscape is dying due to malfunctioning irrigation, and shouldn’t the 4G controllers should provide insight. Chris said the irrigation should be getting tested.

Chris mentioned the West side of Graves, City could care less [sic], and it has boiled over to the park. He said he doesn’t think they service the side slopes at all.

Ed would like the landscapers to blow the sidewalks by the park. He noted that the City is responsible, but it looks bad.

Next Board Meeting not set

Adjourned 6:13pm

The Meetings Will Be Held Tomorrow

It appears that they plan to go forward with the meetings. The property manager states, “I have confirmed with the association’s legal counsel that the notice of meeting falls within Civil Code guidelines as the notice was posted to the Sky Ranch Resident Portal and sent via mass communication via email to the membership on 11/26.”

It may be an interesting meeting. I’ll tell them what appears to be their oversight and look forward to their explanation.

The reason these notifications are important is that the board isn’t allowed to discuss or act on non-emergency items without proper notice.

Agendas for HOA Meetings Tomorrow Still Not Posted

While the HOA board executive and open meetings are scheduled for tomorrow, no agendas have been posted on the bulletin board as required. I have sent two emails to the property manager, but received no response. The open meeting should have been canceled already for improper notice, and now the executive session will need to be canceled. On several occasions in the past, the HOA has waited until the day of the meeting, sometimes minutes before, to issue the cancellations. This is the same HOA board of directors that tells homeowners they value their attendance at meetings. I will make time to attend the meeting to hold them accountable.

Personal Notes, HOA Meeting 10-12-2023

HOA Meeting Notes 10-12-2023 3:03pm

Meeting conducted via teleconference (WebEx)

Directors Present: Chris Andre, Dave Quinsey, David Samo, Ed Wenz

FirstService Residential

Nadine Bell - Community Manager

HOA Lawyer: Carrie Heieck, Tinnelly Law

REPORTS

Management Reports

Work Order Report

Landscape Walkthrough/Punchlist

Storm Water Inspection Reports

Resident Support Services Report

-FirstService Customer Service line with same day turn around

V-Ditch Inspection Report

No discussion

HOMEOWNER FORUM

Homeowner #1

At the last meeting the board needed to vote yes or no on the budget. Dave Samo hijacked that discussion to discuss rebidding/reviewing the cost of landscape. It wasted everyone’s time. If you want to do that then put that item on the agenda, make a motion. Better yet, drive around and observe what was neglected e.g. Mirador, Dracena, Cala Lily. His focus seems solely on cost, not work accomplished or quality. He could focus on work in our contract that isn’t being done. He pursues improvements in his area e.g. security, trash cans. Directors are supposed to work for the benefit of the whole community. Governing Documents require you to maintain the landscape, not these other issues.

After speaking at the last meeting your lawyer commented that the HOA is complying with the Governing Documents. To the extent that they have violated the Open Meetings Act, and failed to maintain the landscape, they are not complying. Homeowners should understand that the lawyer may be ignorant of what’s happened, or just fulfilling her role as a mouthpiece for the HOA.

END HOMEOWNER FORUM

CONSENT CALENDAR

Approval of Minutes August 2023

Financial Statements

Approved without discussion

UNFINISHED BUSINESS

Block Wall Project Update

Ed Wenz: They didn’t have the sufficient quantity for Dracena and Claret.

They don’t need 3ft high walls. The average height will be 24” plus 3” cap, total 27” to keep dirt from falling on the sidewalk. Need to discuss with City to determine how far back the wall should be.

There are three options. Ed read the dollar amount from option #3. The other options weren’t discussed in the meeting.

Ed said, it is less a retaining wall, than to keep debris from going on the sidewalk. Debris can cause a trip hazard.

Discussed funding: Lennar settlement vs Reserve. They seemed to agree that funding from the settlement would be appropriate.

Ed didn’t think the original design would be approved by the City if it were proposed today.

Motion to approve option #3: $61,917 includes 10% cushion that doesn’t have to be spent.

Approved

Homeowner #2 asked the location of the wall.

Location of wall: Claret, past the 2nd house on the right, around the corner to Dracena, follows up to existing granite stone homeowner retaining wall

Reserve Study Draft Approval

Ed asked about draft. Given the dates on the document it isn’t clear that this is the current document i.e. representing current conditions. Ed wants to ensure that the provider didn’t just simply copy the document from last year.

Tabled until the next meeting so the document can be reviewed.

NEW BUSINESS

Merrill Lynch Recommendation

9 month CD $100k 4.9% to 5.3% APY

Dave Quinsey asked about the page number of the item being discussed.

Nadine said that she had the Executive Packet mailed to Dave Quinsey because he prefers hard copy.

Chris abstain; Ed, DQ and DS yes. Approved

CDS Unit Cleaning

$1150 each $6900 total

Approved unanimously

Illuminate - Holiday Lighting Installation

Installation planned November 22, $1831.50

Approved unanimously

Date Next Board Meeting: To be determined, will be announced.

Adjourned 3:39 pm

Personal Notes, HOA Meeting 08-24-2023

HOA Meeting Notes 08-24-2023 3:06pm

Meeting conducted via teleconference (WebEx)

Directors Present: Chris Andre, David Samo, Ed Wenz

Directors Absent: Dave Quinsey

FirstService Residential

Nadine Bell - Community Manager

HOA Lawyer: Carrie Heieck, Tinnelly Law

REPORTS

Management Reports

Work Order Report

Landscape Walkthrough/Punchlist

Storm Water Inspection Reports

No discussion

HOMEOWNER FORUM

Homeowner #1

She said it looks like the border wall is being discussed, and she asked when it will be completed. Ed responded, eight weeks.

She said that she understands that you are volunteers and that the current time works for you. Perhaps we could compromise and start meetings at 4:30pm. She has talked to some neighbors who agree.

Homeowner #2

He said three trees (Mirador) that failed years ago were recently replaced. He thanked Nadine for taking action that prior managers did not.

He said that two and a half months ago the board acknowledged the abysmal HOA landscape just off the intersection of Calico and Sevilla. It looks the same, but now weeds are growing. The board suggested that something be proposed to address it. Has anything been done? It is FMZ.

He said that given the length of time to approve tree trimmers (one year) and build the block wall on Claret, the board should focus on landscape, especially fire related issues. The CC&Rs mandate landscape maintenance, especially the FMZs for fire prevention, but there is no requirement for security. If you don’t have time to address the landscape, you don’t have time for other things. He said that FMZ, including an emergency access road, has not been maintained properly.

He said he has no strong opinion about security cameras, but homeowners should be aware that video might be sought in subpoenas.

END HOMEOWNER FORUM

Attorney: HOA can’t comment on the allegations of Homeowner #2 because of litigation except to say that the HOA is complying with the Governing Documents.

CONSENT CALENDAR

Approval of Minutes July 2023

Financial Statements

Approved without discussion

UNFINISHED BUSINESS

Block Wall Project Update

Ed presented.

Ed had met with Jack Rush, proposal dated 7-19-2023, $47,863.50 $2000 less than the 2nd bidder. Single source responsibility e.g. dirt removal, irrigation, vegetation setup. The proposal includes rock removal if necessary. Modifications caused delays. Motion to approve O’Connell proposal.

Unanimously approved

Flock Camera Discussion

Chris presented.

Entry/exit cameras near Sky Ranch monument LPR license plate readers with signage for deterrence. Cameras would record plates entering and exiting. Only the Sheriff would access the cameras for crime. Flock has arrangements with law enforcement agencies. It would not be for homeowners or directors to access. It doesn’t take away responsibility for homeowners for their own lots, as stated in the CC&Rs. He then talked about the role of the security patrol. He opened the discussion up for homeowner feedback.

Homeowner #3: It would be helpful for capture of catalytic converter thieves. She is in favor.

Homeowner #1: Speaking for herself and her husband, definitely in favor.

Homeowner #2: Maybe they’ll leave the H alone and not camp at the monument. The flourish on the H is gone.

Dave Samo asked about other locations for cameras, though not directed at homes. For example, on Mariposa. Ed suggested one year trial and see how two cameras work. Chris said the contract is for two years but can be ended early.

Paige Hawk from Flock Safety attended. She provided an overview of their services. The HOA would own the footage, but allow law enforcement to access after an incident. Inbound and outbound will be recorded as someone might walk in and drive out. Data is retained 30 days. They handle cleaning and maintenance. They rarely have vandalism on cameras at this height. She said that if they don’t follow through during the 24 months then they take care of you. Chris said a prior representative told them they could cancel the contract after 12 months. Chris asked about the impact on insurance. He asked if homeowners ever litigated that security wasn’t effective. She said they haven’t had any such lawsuits or insurance issues.

Directors offered homeowners a chance to ask questions.

Homeowner #2: Clarify, can the HOA cancel? She said that the contract can be terminated by the HOA. She said it hasn’t happened.

Homeowner #2: Will the Sheriff have ongoing access or with permission after an incident? She said that the HOA determines that. Chris said their method will be to allow only the Sheriff to have access.

Chris asked about newer cameras that may become available. She said that during the contract the cameras will be upgraded.

Dave Samo asked if they work as well at night. She said yes, including bumper stickers, window stickers etc.

$4750 sparrow bundle with discount for having both cameras at one location. $6050 installation

$10,800 total for two years.

Equivalent to $2.15 per house per month.

If approved today, it could be installed in six weeks. After September it will be six to ten weeks due to increased business at that time.

Chris motion to approve the Flock Safety contract and installation for two years $10,800, plus tax. No special assessment is necessary. $6050 paid initially which includes installation and service, the rest due later. A security policy and notification will be sent to homeowners.

Approved unanimously.

There was additional brief discussion about the placement of signs. For example, placement on No Parking signs probably needs City approval.

NEW BUSINESS

2023-2024 Annual Budget Approval

Assessment increase 9.03% to 297.20 per month.

Chris cited inflation including contract fees e.g. landscape, legal, property management. Nadine added storm drain maintenance. Water use increased. He hopes that the new 4G controllers might help with the cost. Nadine cited the annual tree maintenance. Chris added social committee increase.

Samo said the landscape is a large portion of the fees. Have we checked to compare if the price we’re paying is appropriate. He said O’Connell is doing a great job and the community hasn’t looked any better, but we should compare prices. Ed said, if we use a subcontractor to get a bid, we might not get another bid. Ed said that if this were a consideration, we needed to do this earlier in the process, not when approving the budget. Chris said that O’Connell noticed an increase. Samo said they should have O’Connell provide a statement of work to compare to other contractors. Chris said that we already have a contract and scope of work. Nadine shared her experiences with other communities and vendors, and none of the outside vendors provided a better deal than the current contractor. Samo asked how it could possibly hurt us to get another quote. Nadine reiterated what Ed said. Nadine said her other concern might be an underbid, but then charge for extras.

<Dave Samo continued. I didn’t attempt to write everything he said.>

Ed said that they have compared prices in the past, and he isn’t opposed to do it, but not while approving the budget. Ed suggested that Samo might want to take on the project if he wants to do another comparison. He said that he and others have spent a lot of time on the HOA projects. He said Dave Samo and others could get on the landscape committee and work on it. Samo repeated that over time prices should be compared. Ed said that he supports his efforts. Ed said he has a limited amount of time. He said that getting the entire project specified for bids is a lot of work.

Nadine said we are at 2 hours and 23 minutes of meetings. <4:23 pm>

Approved unanimously. Samo paused to respond. He said, he didn’t want his comments neglected. Chris described the reason that they switched to O’Connell. He said that he didn’t disagree with Samo.

Nadine said that she has a big network of landscapers to pull bids from.

Budget is effective October 1.

Merrill Lynch Recommendation (for CDs)

Two CDs expiring soon.

Chris abstained. Dave Quinsey wasn’t present so they didn’t have enough directors to vote, so it was tabled unless he returns. <It was unclear what they meant by “return” as he wasn’t at this meeting.>

O’Connell Brow Ditch Quote

$2200 to make a report.

Ed said that he had asked for safety items to be included but they are unclear <Location I believe>.

Approved unanimously.

Reserve Study Draft Approval

Ed pointed out that they didn’t have a copy, and neither did Nadine. Ed said that if they get the document earlier the directors can read it before the meeting.

Nadine asked for additional items for the next agenda.

Next Board Meeting 09-28-2023

Annual Meeting still in the process, perhaps early December.

Samo asked Chris if they could meet about the trash cans. Chris agreed. He said that based on his conversation with the contractor they could simply provide a photo of the locations.

Adjourned 4:39,

The executive session will resume.

Personal Notes, HOA Meeting 07-13-2023

HOA Open Meeting 07-13-2023 3:00pm

Meeting conducted via teleconference (WebEx)

Directors Present: Chris Andre, Dave Quinsey, David Samo, Ed Wenz

FirstService Residential

Nadine Bell - Community Manager

HOA Lawyer, Carrie Heieck (Tinnelly Law)

Shannon Q, Social Commitee, 2nd Annual Ice Cream Social August 23, 2023. Vendors charge 3.75% fee to pay via the debit card. Can they pay with check? Nadine said to submit the information to her. Generally, it takes two weeks to issue a check.

2023/2024 Social Committee budget: She asked for a $1500 increase to $6000. Seven events next year. Vendors are now charging a service fee, and there has been an increase in food costs. They would like to rely less on sponsors, and this year they stayed within budget. Pacific Steel and Kyle Whissel sponsored them this year. They would like to add a Summer Movies in the Park next year.

Ed asked about attendance. She provided some numbers and said the events have been popular.

Shannon asked for the budget to be front loaded at the beginning of the year so that Social Committee members don’t have to use their own cards.

Nadine says the budget will be reviewed/approved at the August meeting.

Shannon would like to organize a neighborhood wide garage sale, at no cost to the HOA. It would be marketed through a real estate company, likely Kyle Whissel. She asked if garage sales were prohibited by the CC&Rs. Nadine said that in other communities it increases traffic and some of the people are a concern to other neighbors.

Ed asked if it is permissible. Ed said it was reviewed before and they were told it was not permissible. Ed doesn’t like the idea of it personally. Dave Q. said he couldn’t cite the exact rule but they aren’t permitted per the Governing Documents.

Ed reiterated the question, is it permissible, and do we want to do it? Shannon said they are only asking whether it’s allowed, and she asked for the citation.

Chris said that he didn’t see anything specifically prohibited. Chris said the issue may be the people coming to the community. Chris suggested maybe the park would be a good location. Ed said an event at the park would be reviewed by the City, and it would be out of their hands. Shannon said the City isn’t taking reservations for the park.

Chris asked if the committee had contributions for a newsletter that will be discussed later in this meeting.

REPORTS

Management Reports

Work Order Report

Landscape Walkthrough/Punchlist

Storm Water Inspection Reports

No discussion.

HOMEOWNER FORUM

Homeowner said that she attended a meeting last year where a vendor would install a camera at the gate that would capture license plates. Nadine said that the topic of cameras is on the agenda. Chris asked her opinion. She said that she is in favor of cameras.

END HOMEOWNER FORUM

They asked Carrie her thoughts on cameras. She said members can legally install cameras. She said that the association installing cameras is a different topic that they might want to discuss privately. She said that the HOA is not responsible for security and they need to take care to avoid assuming responsibility, for example, using disclaimers.

Carrie said that she didn’t see anything in the rules prohibiting garage sales. Nadine asked if they would need additional insurance. They discussed the location. Chris interjected that it would be at the entrance, but he was talking about the security camera. Chris said that there is nothing that says they can’t provide security though the HOA isn’t required to maintain it. Carrie said they would need to discuss disclaimers and access to the footage. She mentioned liability if the cameras failed. She said normally homeowners would not get access to the video.

CONSENT CALENDAR

Approval of Minutes June 2023

Financial Statements

Approved unanimously without discussion.

UNFINISHED BUSINESS

O’Connell Controller Upgrade Proposal

Dave Q. said the upgrade to 4G will make them function as originally promised. $8,930 (the cost was muffled so it might not be accurate. Dave later mentioned it costs $9000)

3G is obsolete, 5G is not available.

Approved unanimously.

Shared Use Area

Northstar HOA still owes $5241.57. The HOA will submit it to Northstar for their review and acceptance.

Approved unanimously to submit it.

Block Wall Project Update

Ed asked if they got a revised quote from O’Connell. Nadine said, no.

BRM reduced their quote $5000, total $49,000.

Nadine said that Jack said they could have a revised quote next Thursday.

Tabled.

Trash Pick Up & Additional Trash Containers Discussion

BRM said they have the containers. Nadine asked if they have the three locations identified.

Ed said at the Calico/Sevilla location, the HOA controlled portion of homeowner property, would be the appropriate spot. Nadine said that the homeowner opposes it. Ed said it is far from the house. The homeowner was present at the meeting. She said that given the size of the container, it would on her property. The discussion was about putting it by the dog waste bag dispenser. Chris mentioned a location further down the hill (50-75 ft) that might have space for a trash can.

Ed said that this was the result of a complaint, so he asked where the trash is accumulating. Ed said he doesn’t want to offend the homeowner opposed to the trash can. The homeowner said they are throwing it over the side of the hill. Ed said that the can might prevent them from throwing the trash. The homeowner said people already hang out on the rocks and she has found drug paraphernalia. She doesn’t want to make it look like more of a hangout by providing the can.

Chris said definitely off of Castilla, by the mailboxes, at the cul-de-sac. Dave S. agreed.

Nadine asked if any of the directors would meet with BRM. Ed asked if they could simply use a map. Nadine agreed, if someone makes a map. Dave S. said that he would meet with them.

Nadine asked about adding a container to the pet waste station. Chris said it would fill up quickly.

The homeowner asked if they could affix one to the Stop sign. Generally, the directors agreed that they could not. They talked about affixing one to the fence. Ed reminded them that BRM already purchased the trash cans.

Trash can on Mariposa: Dave S. asked if it would attract people. Ed said he thought trash in that area started this topic. Dave S. said that security has been cracking down. He then showed the locations where trash is dropped. Dave S. said it was difficult to identify the best location there. Ed said it should be put where most of the trash is dropped. Dave S. said he’d ask the landscapers where they are picking up trash in that area.

Ed said that the HOA will need estimates for the foundations, if that wasn’t included. Nadie said the proposal included installations on flat dirt.

Break starting at 4:02 pm

Meeting resumed at 4:07 pm

Dave S. and Chris will meet with BRM to finalize locations: approved unanimously.

Flock Camera Discussion

Chris explained: Sparrow bundle 2 LPR at entry/exit $4750 per year, two year agreement. The cameras are on opposite sides of the street to capture traffic entering and exiting. Total $10,800. These are rental cameras. It can be canceled. Solar powered. The service includes maintenance, and vandalism (repair?). They still need to write up some rules for their use e.g. only police get access.

Ed asked how the police would determine who lives up here. Chris said that they don’t need that information, though residency may help rule out some suspects. Only the police would have the access and passwords, and that way a rogue director couldn’t use access. Ed wants the HOA to have “hands off.” Chris agreed.

Ed asked about Neighborhood Watch. Chris gave a brief summary of the prior efforts that faded.

Dave Q. suggested a discussion with the Sheriff.

Nadine said they will need to talk with the lawyer about policies and insurance.

Chris said security service and cameras will increase property values. Dave S. said the more security the better. He said the recent increase in security has helped.

Nadine reiterated that the HOA should avoid the appearance that they will take care of homeowners, in terms of security.

NEW BUSINESS

O’Connell Controller A Valve Replacement

$4030

Approved unanimously without discussion.

Newman CPA, PC 2022 Review and Taxes

Approved unanimously

Newman CPA, PC 2023 Preparation & Review Engagement

$1700

Approved unanimously without discussion

Reserve Study Approval

No action needed

Member Correspondence

Homeowner requested update on block wall project. Nadine will get back to her.

Association Newsletter Discussion

Chris wants it to be done so it can be mailed with the next assessment letter.

Next Board Meeting August 24, 2023 (per agenda, but not stated in the meeting)

Personal Notes, HOA Meeting 06-08-2023

HOA Meeting Notes 06-08-2023 3:05pm

Meeting conducted via video conference (WebEx)

Directors Present: Chris Andre, Dave Quinsey, David Samo, Ed Wenz

FirstService Residential

Nadine Bell - Community Manager

REPORTS

Management Reports

Work Order Report

Landscape Walkthrough/Punchlist

Storm Water Inspection Reports

They discussed that someone complained about a Juniper tree off Brockway Street. The issue regarding the tree was unclear e.g. location, HOA responsibility, the problem.

HOMEOWNER FORUM

Homeowner #1:

RE: Juniper off Brockway. Junipers are prohibited. If the tree is on HOA maintained property, then simply remove it. If it’s not HOA property, then no action is required.

Dave Quinsey has repeatedly had issues with WebEx. Will one of you directors please help him out? Do a call and ensure that he knows how to operate it. Make some note cards for anything that appears to be difficult for him. Otherwise perhaps he should attend the meeting at the in-person meeting site at the FirstService office.

At the last meeting homeowner #1 suggested that you simply follow the CC&Rs, which is an obligation anyway. Shockingly, David Samo said that security is the most important thing, even more important than landscape. Samo went so far as to say the landscape budget should be cut to fund security if necessary. He made those comments while the landscape is still a mess and you are in litigation over it.

You may fund security if you wish, but landscape maintenance is a requirement. We all signed the contracts agreeing to this.

Samo and all of us homeowners have other options, such as calling the Sheriff for security. We have no one else to contact for help with the landscape. Your fiduciary duty requirement is the landscape. Homeowners shouldn’t be self serving and try to get on the board for their own pet concerns.

Suggestion Box:

Homeowners can make suggestions via email or phone, as well as meetings. How would you ensure that comments, including anonymous comments are those of homeowners? Don’t you have enough drama without inviting more?

HOA response: Dave Samo responded that landscape and security can be funded at the same time. Homeowner #1 replied that Samo had said the landscape budget should be cut, if necessary, to fund security. He said that Samo made this comment while landscape is a mess. The homeowner said he supports security. Samo replied that the landscape looks good. Homeowner #1 replied, “Come to my house.”

Homeowner #2: In September she asked for results of litigation. The board told her it had to go through attorneys. She asked in December, now 9 months later no answer.

Duct tape letter H on the monument at the entrance. Nadine: The purchase of the replacement H was approved. It should be in fabrication and installed in the next couple of weeks. Nadine has asked for the tape H to be removed.

Homeowner #2 asked if the board approval is necessary. Nadine said proposals should be approved in open meetings.

Homeowner #2 said the community is owed answers regarding litigation.

Nadine said that the disclosure was sent, October 2020. She doesn’t know if they will send another disclosure.

Homeowner #2 said that that isn’t what we were told in December. We were told it was with the attorney. Did the board change their mind? Homeowner #2 was primarily concerned with the Lennar lawsuit.

Chris said to Nadine that he thought this was about ready. He thought the cases including Ballo’s was prepared for release. Nadine said she thought it was public knowledge and didn’t require disclosure. Chris said it included the amount. Chris said that it was 100% with the attorney, but there was some question of what should be included. He thought it was approved, but they’ll check. He thanked Homeowner #2.

Homeowner #2 said that she has sent email but got no response.

$315k Lennar settlement. It will address deficiencies from the punch list.

Homeowner #2 said that previously homeowners over paid dues. She asked the status of that money.

Chris: It was not part of the settlement. That money remains. A decision has not been made. He asked Nadine to take it up with counsel.

They asked Homeowner #1 if he had a comment. He said that we didn’t receive any information about the Ballo lawsuit. Chris referred it to Nadine as well.

END HOMEOWNER FORUM

CONSENT CALENDAR

Approval of Minutes April 2023

Financial Statements

Lien Authorizations

Approved without discussion

UNFINISHED BUSINESS

Security Hours Review & Discussion

Extend from 6 hours to 8, on Fri, Sat, & Sunday. Chris said they may be missing out on people hanging out at the trail head. Adjusting the start time to later.

$689 month increase. $3.30 per month per homeowner.

Approved unanimously

NEW BUSINESS

Inspector of Elections Proposals

HOA Election Professionals 2099.90 + $150 in person

The Ballot Box $2477 virtual, $2977 in person

The Secret Ballot $1990, though some expense such as postage was unclear. One adjourned meeting included.

There was discussion about costs of additional meetings when quorum wasn’t met. Dave Q, noted that there was never an election that met quorum the first time. Ed noted that sometimes quorum wasn’t met in two meetings. Chris said that the postage listed for the first two contractors is about $1000, which, if similar, would bump up the cost of The Secret Ballot.

The board discussed with Nadine her experience with each company. She said that she has not had any problems with any of them.

Unanimously approved, HOA Election Professionals.

4th of July Holiday Street Closure Patrol

2 guards at entry/exit $1272, Noon to midnight, July 4.

Approved unanimously.

Chris asked Nadine to send out the passes.

Acme Safety Supply Signage

Street signs, cones, & barriers

$2600

Approved unanimously

Building Resource Management Block Wall Adjustment

Change order for previously approved wall Claret/Dracena. Nadine said it is a big difference. Do you wish to move forward or hold back?

Ed said that he was disappointed that the price went up to $55k from $36K. He said that this is the first time he has seen the document. It seems to be a repair because the hill keeps coming down. They are a mess and hazard. Ed needs time to review. They may need to reconsider the other previous proposals.

Samo asked about the location: The area past the mailboxes on Claret going around to Dracena.

Issue tabled

4th of July Street Closure Permit $174. Last year it cost $160.

Unanimously approved.

O’Connell Common Area Slope Sevilla Street Landscape Modification:

By Calico coming up the hill. Slope adjacent to the first house <on left>. HOA common area.

Based off report by engineer that they met with. Ed asked, weren’t we going to send to legal. Nadine said they did. Nadine said that the homeowner will address their own area, this is the HOA area. $10 thousand and change per Ed. Ed asked what would happen if the homeowner addressed their property and the HOA didn’t perform this work. Chris said the homeowner needs to take care of their property first or the erosion will continue. Ed said counsel submitted findings to the homeowner after the engineer reviewed it.

Tabled.

O’Connell Common Area Mulch Installation

$1300, 20 cubic yards

Dave Q. asked if it is blown in mulch. Nadine said she didn’t know. Chris said it will be installed in the focal points of the community. Everbloom mulch. Chris said it is fine, ground, not big chunks.

Unanimously approved

O’Connell Common Area Tree Installation

2 purple leaf plum on Mirador to replace those installed by the developer, and one Holly Oak just off Mirador. $672.50

Unanimously approved.

Suggestion Box Discussion

Nadine has found them not very useful on two of her properties. Samo asked if they can send her mail. She said, yes.

Unanimously denied.

Member Correspondence

#1: Landscape scorched earth FMZ, look and feel. Chris suggested that O’Connell review the FMZ guidelines. He said it stands out as an eyesore. Dave Q. agreed that 5000 Sevilla area looks terrible. Chris said that O’Connell should review it and consider ways to improve it.

#2: <Note: Specific details are excluded because it seems apparent that part of the email that was discussed should not have been included in an open meeting.> There was discussion of regulations/rules regarding fire prevention. Ed said that the fire department has put the onus of enforcement of fire rules on the HOA. The issue will be reviewed.

Next Board Meeting July 13, 2023

Personal Notes, HOA Meeting 04-27-2023

HOA Meeting Notes 04-27-2023 3:00 pm

Meeting conducted via teleconference (WebEx)

Directors Present: Chris Andre, Dave Quinsey?, David Samo, Ed Wenz

Dave Quinsey appeared to be present but muted in the WebEx app. This has been a recurring issue for him e.g. missing votes while muted. Nadine said he would be marked absent when he didn’t respond to a vote. Later, he appeared to log out. Ed soon reported that Dave was pulling up to his house. They then shared a headset, apparently by taking turns using it. The trash can topic was extended because the discussion and presentation had to be repeated for Ed because he didn’t have access while Quinsey was using his headset. For example, Nadine had been displaying images from Google, and fortunately she saved a few screenshots which she showed to Ed. It’s unclear why a headset was needed to see images, though he clearly had no context for what he was seeing without the benefit of audio. They repeated the explanation for the necessity and location of the trash cans. It is also unclear if Dave Quinsey participated in the Executive session held immediately before the open session. How could he given the issues that he experienced?

FirstService Residential

Nadine Bell - Community Manager

No committee updates or guests, per Nadine.

Landscape work is progressing. Flags show where plants will be installed between Mirador and Mariposa.

REPORTS

Management Reports

Work Order Report

Landscape Walkthrough/Punchlist

Storm Water Inspection Reports

HOMEOWNER FORUM

Homeowner #1

Recently, we’ve seen some improvements in landscape. Some mulch has been applied. A few plants were installed at Ruocco and Mirador. Following damage from construction, plants were installed at the upper end of Triana. On the slope between Mariposa and Mirador/Dracena there has been weed and brush removal, and some plant installations, and there has been some weed removal on Lot L. All of these are welcome signs of restoration, and hopefully it continues to progress. Since this is being done as the weather heats up, the landscapers will have to take care that it is irrigated and cared for properly, otherwise it will all fail again.

I sent you photos of areas where the fences are still not cleared to 18” as specified in our approximately $20k per month contract.

While the CC&Rs are an obligation, they are not an enemy as viewed by some and portrayed during the recall. The CC&Rs are a guide to avoid problems. The focus of the HOA should be compliance with all the Governing Documents, not bypassing them.

If the HOA were to follow the CC&Rs it would prevent violations of fire regulations and make a safer community. Yet, still the fuel modifications zones are not properly maintained (brush clearing, irrigation, etc). One of the emergency escape routes looks like a disaster waiting to happen. High brush lines the road, and lies in the road. Fire blowing across the road could be a nightmare. The CC&Rs require that the area along the road to be maintained. There are other fire related problems but there isn’t time for me to discuss it.

Sky Ranch Emergency Access Road

The HOA has been repeatedly warned and cited about erosion and storm water issues. Recently, it appeared that the storm water basins were clogged, sending debris into the system. There are requirements for continual maintenance of these systems, and specifically after rain events. What happened? Did you fire the contractors and forget to hire replacements? Who is the contractor? Did they fail? Did you defund the maintenance? The lack of landscape maintenance appears to have aggravated the problem and erosion and other materials went into the system e.g. ditches.

The state has ordered the City to investigate what happened. The fines for violations can be enormous. I’m unaware of insurance that will protect the community from such fines. Homeowners could face large assessment increases.

Examples of violations and fines:

Pardee Homes, site near Santee, $291, 286 fine. Central Valley Regional Water Quality Control Board (ca.gov)

Oceanside, $411,475, 3 acre site. Oceanside residential unit owners face fines (ca.gov)

City of San Diego $3.2 million. Central Valley Regional Water Quality Control Board (ca.gov)

Sky Ranch detention basin debris and erosion

Sky Ranch detention basin: clog, waterline shows overflow, branches sticking out

Ed asked if the fines involved construction.

Homeowner:—Some are construction related.

Ed said construction companies can be fined.

Homeowner: In some cases the City was also fined for failing to enforce. It appears that they can fine the City, the contractor, and the responsible party.

Ed asked Nadine to look into it. She said she wasn’t aware of the requirement to maintain the area. She said that the City showed her ditches to maintain.

Homeowner said the City doesn’t pay close attention. You only need to look at the CC&Rs to see that the HOA must maintain the land by the road. And that maintenance has an impact on the drainage basins.

Ed said the City has done work on the basins. The homeowner said the HOA would know better if the City took over some or all of the maintenance related to the basins. But they did write up the HOA previously.

The HOA was fined and this is an excerpt from the required corrective actions.

END HOMEOWNER FORUM

CONSENT CALENDAR

Approval of Minutes March 2023 (tabled because they weren’t attached to the board packet)

Financial Statements February 2023

Approved pending annual review.

UNFINISHED BUSINESS

Security Hours Review & Discussion

Dave S. would like to see more security coverage Chris said the patrols are 6pm -12:30 Fri Sat Sun, and there are five patrols at unspecified times on other nights.

Dave S. says security is the most important thing, even more important than landscape. You can’t have people parking and throwing condoms where kids are walking. He thinks patrol should be extended until 4:30 am

Chris said they could alter the hours or change the contract to increase the coverage.

Dave S. said they should negotiate the landscape contract and reduce landscape coverage if necessary, to increase security.

The board discussed the beginning and ending time of patrols.

Chris will request a revised contract to increase patrols by two hours on Fri, Saturday, and Sunday.

Dave S.: I need to get rid of these guys throwing condoms. They drop liquor bottles. We can not have that in an HOA.

Dave S. said that there are signs up there <private street at the top of the hill>, which he got installed with the help of the City, and it is enforceable, but someone needs to call the Sheriff to report it, so he wants security personnel to do it. He said he can’t monitor and call law enforcement at 2 o’clock in the morning. The Sheriff doesn’t have personnel to patrol at all hours.

Motion approved.

NEW BUSINESS

Merrill Lynch Recommendation

CD investments.

$75,000 and $100,000 4.9% APY

Without Dave Quinsey, who no longer appears in the meeting, they don’t have quorum (not enough directors) to vote on the investments. Ed said that Quinsey was pulling up to his house so he was expected to join the meeting at that time. After a brief delay, Quinsey joined the meeting with Ed.

Approved unanimously (Chris abstained).

Trash Receptacle Proposals

BRM 3 cans installed $4065

Center Point $7780, $5399 for 2 cans

No proposal from O’Connell.

Nadine asked if they wanted to review them now, and whether they wanted to address the pet stations.

Nadine, in response to Chris, said they will match the existing cans as closely as possible. They said Dave S. has a list of the trash can locations. Dave S. said he has a map, but he wasn’t able to explain the locations.

The map was not provided and an extensive conversation about sites took place.

Castilla lookout, Entrance at Sevilla & Calico, On Sevilla by the condos, and Mariposa. Dave S. said he doesn’t want to encourage people <to hang out>. Dave S. said maybe try two at first. There was discussion about various possible placements. Dave S. said that people are throwing from cars and it might not help.

Nadine asked if they should spend the money if it won’t help.

Chris said a can at Castilla would help, Dave S. agreed. Chris mentioned Sevilla at Calico again.

Nadine said there must be a 3ft clearance around utility boxes.

Chris suggested a priority list

Castilla

Sevilla at Calico

Calabria at Sevilla

They discussed a possible 4th site.

Dave S. said they throw out trash as they go up the Mariposa hill, near a current pet station. 7108 Mariposa on the right side.

Nadine asked Chris or Dave S. to send her a map. She assumed they will use BRM and she will ask BRM to review the installation locations.

Chris said to review the four sites, with the fourth being optional.

Ed and Dave Q said they weren’t informed, and were having communications problems sharing a headset. Chris reviewed some of it for them. Ed again asked for a map of the 4 proposed sites. Chris said they just reviewed them on Google maps in the meeting. Nadine pulled up some screen shots that she took. Chris said that there are major trash problems. Dave S. said he doesn’t understand why people are littering here.

Nadine, in response to Ed, said that she wasn’t sure if the landscape contract cost would increase due to the additional cans to empty. Ed suggested that they inform the landscaper that the trash cans would reduce trash that they have to pick up.

Motion for three trash receptacles, if the one by Northstar won’t fit, they could install an alternate on Mariposa.

Dave S. said that people walking up the hill on Mariposa throw their water bottles.

Revised motion for three receptacles, Sevilla/Calico, Castilla, Mariposa

Dave Q voted against, others voted in favor.

Dave Q. trash is coming from people who aren’t residents so they won’t use the trash cans. He thinks residents would use them.

Pet Station Add Waste Can

Tabled to see how the trash cans work out.

Next Board Meeting May 25, 2023

Adjourned 4:15 pm

Personal Notes, HOA Meeting 03-23-2023

HOA Meeting Notes 03-23-2023 3:09 pm

Meeting conducted via teleconference (WebEx)

Directors Present: Chris Andre, Dave Quinsey, David Samo, Ed Wenz

Nadine said that Director Tom Wright has resigned.

FirstService Residential

Nadine Bell - Community Manager

HOA Attorney Carrie Heieck

REPORTS

Management Reports

Work Order Report

Landscape Walkthrough/Punchlist

Storm Water Inspection Reports

No discussion

CONSENT CALENDAR

Approval of Minutes February 2023

Approval of Minutes January 2023

Approved unanimously without discussion

HOMEOWNER FORUM

Only one homeowner was present and spoke.

Thanks Nadine for listening when we met with the landscapers. One of the actions by the landscaper since that meeting made it apparent that you listened.

I sent you all four photos. All of them were taken a few minutes before the meeting with Nadine and the landscapers.

The first two show a sea of weeds on the HOA lot next to our house. Most of them were cut back shortly after the meeting.

While we were standing at that location I complained about the weeds. One of the landscapers said, to the effect, that weeds appear this time of year. That’s not the first time that they’ve made such a statement to me.

I provided photos of current quality landscape in Chula Vista and Scripps Ranch at the last meeting. They show that when there are trees, shrubs, ground cover plants, and other ground cover, that weeds are much less troublesome.

Here the weeds are the predominate plant. If your landscaper believes this is acceptable, then YOU need to provide thorough oversight.

The third photo shows that the weeds cover the entire large slope between our house and Mariposa above.

The last photo is a familiar area showing bare ground, erosion, and weeds. I include it to illustrate that we get the worst of both worlds simultaneously, that is, overrun with weeds, yet bare ground and erosion. I’m reminded when former Director Tom Wright gas lighted us and said that the slopes were an issue of “homeowner perception.”

The contract states, “The appearance of all plantings to be maintained to acceptable Horticultural standards.”

Does that appear to meet that requirement?

I don’t recall ever seeing the landscape fertilized.

Yet the contract states, “All planters, banks, and ground cover areas will be fertilized as needed, but not less than once every three months. The cost of the materials shall be included.”

Notice the large areas in the community where mulch has disappeared.

Under the topic of mulch, the contract states, “Provide standard mulch to match existing.” Since your lawyer is here you should ask her if that means that the landscaper supplies the mulch.

Again, simple things like these should be the focus of the board, along with basic rule enforcement. The lack of attention to the basics has been damaging.

Nadine said that she is open for information so I will likely provide some further information.

We will be submitting plans for rooftop solar. Is there a $175 plan review fee or a $300 deposit required?

HOA Response: Nadine will send an email.

END HOMEOWNER FORUM

The HOA attorney left the meeting after asking if she were still needed.

NEW BUSINESS

Architectural Review/Variance Request

7728 Ocotillo

Denied unanimously without discussion except confirmation of the property location.

Lien Authorizations:

Two liens noted in the board packet.

Approved unanimously without discussion

O’Connell Common Area Slope Plant Installation Below Mariposa:

From Cala Lily past Dracena to the back of Lot L, above the V-ditch Fill in with plantings and ground cover, it will cover the bare areas and deter erosion. Dave asked if any board members have been apprised of the need. Nadine reiterated, to deter erosion and keep debris out of V-ditch.

Chris listed some of the plants $6352: Myoporum, Ceanothus, Rock Rose (2 types), San Diego Sunflower, Sage Brush, etc.

Chris motioned to approve, Ed 2nd, approved unanimously.

O’Connell Common Area Slope Plant Installation Above Dracena/Mirador:

Length of the slope above Mirador Dracena

Similar plant pallet as above.

$2957

Approved unanimously

O’Connell Common Area Slope Plant Installation

Back of V-ditch area in Lot L. Similar plant pallet

$1085

Approved unanimously

O’Connell Straw Wattle:

Recently installed at Mirador

$3330

Approved unanimously

Chris said this is a lot of plants and covers areas from Mirador, Mariposa, Dracena, Claret, and

Lot L.

Chris said that Mike should advise them of relevant observations and he could possibly attend future meetings with Nadine and the landscapers. Nadine said that several meetings are planned and one next week will include the City. The decision about the homeowner attending futures meetings will be made later.

Nadine said it is a lot of plants, “65 times everything.” It may take a month.

Next Board Meeting April 27


Personal Notes, HOA Meeting 02-23-2023

HOA Meeting Notes 02-23-2023 3:11 pm

Neither the directors nor homeowners could connect to the video conference so the meeting was conducted via telephone conference. I immediately interjected that the password in an email Nadine sent to me had an additional character than the password in the agenda. I said that when I couldn’t connect at the last meeting Ed said that it worked for him, as if the issue were mine. In response, after the previous meeting I had sent an email to Nadine suggesting that she check if we were blocked. Nadine seemed convinced the issue for this meeting was related to the password, but I said that the WebEx app for this meeting said, “We can’t find your account on the host site. Contact your administrator.” Therefore, I wasn’t convinced that the issue is simply a password issue.

Directors Present: Chris Andre, Dave Quinsey, David Samo, Ed Wenz, Tom Wright

FirstService Residential

Nadine Bell - Community Manager

Regional Director - Ian Navarro

Charter draft of legal committee Chris, Tom, Dave Q alternate

Work Order Report

Landscape Walkthrough/punchlist

Storm Water Inspection Reports

CONSENT CALENDAR

November Minutes

Financial Statements October, November, December

UNFINISHED BUSINESS

Tree Trimming Proposals Update

O’Connell: $35,437 2 years $17,718 per year. Price increases each year.

A+: $20,000

Ed said the window (season) to trim the trees is passing.

O’Connell bid approved

Claret Street Retaining Wall Proposals

BRM has experience at building things, per Ed. He recommends BRM, and doesn’t want O’Connell to have too much to do with landscape and tree trimming already being assigned to them.

BRM approved.

HOMEOWNER FORUM

One speaker:

While Ian Navarro said all the communities are having problems with weeds, in places, for instance by our house, it is almost entirely weeds. There is a difference between weeds growing vs weeds being the predominant plant.

The landscape next to our house is a disaster. It is engulfed in weeds.

The landscape on freeways look better.

The erosion continues which the City has repeatedly warned about.

The main work I see the landscapers doing is leaf blowing. That’s what we pay $272 per month for? Chris, you often talk about property values, what about our property value with poor landscape?

I didn't give you a punch list. I gave you an example of the types of issues that exist. We shouldn't have to identify every example throughout the community. The landscapers need to inspect and address issues proactively.

A few quick examples of what they didn't address:

-rebar sticking out of straw wattle

-Acacia was cut back from a homeowner's fence, but the plant is prohibited and should have been removed

-The biggest issue is large areas of bare ground, and huge amounts of weeds.

This is what I don't understand. As plants die, why aren't they simply replaced? Is it that no one notices, the board doesn't want to pay for it, or both??

We should not blame the landscapers if the board has simply decided again to turn off irrigation and allow it to go native.

With that said, let's go over a few photos to show how other HOAs effectively maintain their landscape. If you prefer to turn off the irrigation and avoid replanting, then this is a waste of time.

Chula Vista landscape

<All the photos were sent to Nadine in a single pdf (click this link). Most of the photos were taken in Chula Vista, and a few in Scripps Ranch. The photo above is an example from Chula Vista>

Nadine has a meeting with the landscapers and Chris invited the homeowner to attend on March 2nd at 9 am. Agreed.

END HOMEOWNER FORUM

NEW BUSINESS

Merrill Lynch Recommendation

CD investment recommendation approved

Lien Authorizations

Two accounts recommendation for lien (These are typically for homeowners who don’t pay their assessments.) Approved.

O’Connell Common Area Landscape Improvements

Mirador, Calico, Triana, Cala Lily plantings

$4676

Approved

O’Connell Common Area Sevilla Monument

$502 Sweet Pea Shrub, Tacoma

Approved

O’Connell Straw Wattle, to prevent erosion

$240 Monticello

Approved

Trash Pick Up & Additional Trash Containers Discussion

Castilla lookout point.

High Point at Mariposa cul-de-sac

Install trash cans at those locations. Nadine asked for a map which Chris will provide.

Ed asked who is responsible for emptying the trash. <It’s part of the contract with the landscaper.> Nadine said that the landscapers pick up trash where they happen to be working. Ed suggested that they focus more on cleanup.

Security Hours Review & Discussion

Chris asked directors how it was going, whether hours should be changed, are they satisfied with the service? Ed mentioned some kids vandalizing on Claret. He said that he doesn’t see security passing through as much as they were. They were supposed to report on commercial vehicles and RVs, but he hasn’t seen it. Chris said that he has seen the reports and will give Ed access. Ed asked if they should monitor it or is it management’s job. Directors noted that they see more commercial vehicles lately. Nadine said that she doesn’t see the reports by the security company.

Nadine asked if hours should be adjusted.

David S., said more security is better than less. He thinks it has an impact. Ed agrees, but he isn’t sure that all corners of the community are being addressed.

Mon-Thurs: intermittent, may not hit every street

Fri-Sun: 6pm - 12:30; hit every street

Ed said he can hit every street in a few minutes, so he doesn’t understand how intermittent doesn’t hit every street.

Ed mentioned some kids that were dropped off then picked up, so not from the community. He described their activity <Note: I couldn’t hear what he said that they did>. He said they might be after packages too.

Other options: cameras and gating the community

Ed said that perhaps they need to do more while they are here.

Nadine commented that the police should be called for crime, and not rely solely the security patrol. Chris said that Nadine made a good point. He recommends calling the Sheriff first in many cases.

Decision: Hours remain the same. Ed said he prefers that the service be enhanced. Chris and Ed will talk to the security company. David S. said that we may need to adjust the hours as daylight time changes

Insurance Renewal - Funds Transfer 2023/2024

Approved. <note: couldn’t hear the amount>

Chris said insurance costs continue to increase due to litigation. Last year the cost was $31,000, this year it is $42,000.

Approved without vote from Dave Q. who didn’t unmute his phone.

San Diego Stormwater Solutions Proposal

Approved, but still no vote from Dave Q. who remains muted.

Adjourned 4:21 pm

New HOA Director, Copy/Paste Budget, Personal Notes HOA Meeting 02-09-2023

HOA Meeting Notes 02-09-2023 3:00pm

Meeting conducted via teleconference (WebEx)

<The web conference failed so notes were taken via the telephone conference. That made it difficult to determine who was speaking so there could be an error.>

Directors Present: Chris Andre, Dave Quinsey, Ed Wenz, Tom Wright

FirstService Residential

Nadine Bell - Community Manager

Regional Director - Ian Navarro

Motion to appoint David Samo to the board of directors was approved without discussion.

HOMEOWNER FORUM

Homeowner participated via phone as the Web Ex app show the meeting closed/ended. He began with a general statement about the directors making the job more difficult than it needs to be, and that perhaps Mr. Samo can help them with that. As he used the budget as an example, Ian Navarro interrupted and started to define what the homeowner was allowed to talk about. For example, he said asking questions was acceptable. The homeowner asked who was the person who just told him what he is allowed to say. Chris then said to let the homeowner speak. Ian then apologized and told the homeowner to proceed.

The homeowner then said the directors have taken control of the HOA, but not taken responsibility. He pointed out that the 2020 -2021 budget was a copy paste of the 2019 - 2020 budget. As evidence he referred them to the overview page of the budgets for those two years with identical numbers. He suggested that the directors simply take care of the landscape and enforce the rules, rather than expend energy trying to do something else. He said the landscape by his home is atrocious and weeds have overrun it.

Ian said that the HOA was working on the landscape punch list that the homeowner produced and he could discuss it at the next meeting. Ian said weeds are everywhere because of the rains. Ian or Nadine made a comment acknowledging that there are issues that need to be addressed with enforcement. The homeowner tried to respond but Ian interrupted and they said time had expired. The homeowner interjected that they had interrupted him. Chris told the homeowner to proceed if it were brief. The homeowner said that he doesn’t know what the landscapers have claimed to have completed from the list so he can’t comment on how it was handled.

I doubt that it is an accepted accounting practice to use the data from a previous year and simply change the dates.

END HOMEOWNER FORUM

Next Meeting February 23


Personal Notes, HOA Meeting 11-15-2022

HOA Meeting Notes 11-15-2022 3:00pm

Meeting conducted via teleconference (WebEx)

Started 3:03 pm

<Disclaimer: As usual, these are personal notes from an open meeting. It is sometimes difficult to hear and the discussion is frequently unclear. The board discusses items in a packet that is not available to the audience. There is no attempt to assign responsibility in most of the materials and comments. A contractor failing to take action might be doing so at the direction of the Board of Directors. For example, poor landscape may be negligence by a worker, but it may occur because the board fails to purchase the necessary materials or directs them to focus their work on limited areas. It is best to assume that there are unintentional errors and seek official sources for topics of interest.>

Directors Present: Chris Andre, Dave Quinsey, Ed Wenz,

Directors Absent: Tom Wright

FirstService Residential

Nadine Bell - Community Manager

Committee Update

Nadine said they are reorganizing committees e.g. Design Review, Social, Landscape, Financial.

Dave said he’d be happy to have Amber on any committee that she wants.

REPORTS

Work Order Reports:

No discussion

Landscape Walkthrough/Punchlist:

Ed mentioned an irrigation leak, Nadine said it is Northstar. Yet Northstar had contacted Ed and Nadine. Ed wants to ensure that the communities/landscapers aren’t pointing fingers at each other while nothing gets done.

Chris said he noticed leaks at night. He asked for O’Connell to possibly check, because it seems that they are reactive when notified. Chris addressed 4G that was approved for the controllers, and he asked for status. <Note: 4G refers to the upgraded cellular protocol for the wirelessly connected controllers.>

Chris asked what their plan is to ensure it isn’t leaking. <Note: One of the features of wirelessly connected controllers is that they can detect leaks and notify the administrators.>

Chris said the HOA spent $144k on water.

Dave suggested a personal meeting with landscapers. Nadine said that she had a meeting scheduled for 9am November 21, where she will meet with landscapers, and directors may come along. They will meet on Calico Street. Two directors may attend without making a quorum for a meeting. Ed asked to be included on the notification in case he can attend. The meeting is the same time every month.

Storm Water Inspection Reports:

Chris: There are a bunch of recommendations for maintenance. Do we need quotes?

Nadine said they have one quote. Nadine sent a quote that she just received while they were speaking during the meeting. Chris opened the email and asked if there was a quote in it. Nadine said she didn’t know and was looking at them. She and Chris said they were seeing costs. She said she would get back with them, and Chris encouraged that.

Nadine told them what pages the items were on.

HOMEOWNER FORUM

Homeowner #1:

She said that she was not sure that irrigation controllers are giving information about water usage.

She asked about the resolution of the lawsuits email to membership. She asked the status of the disclosure. Nadine said that new counsel is revising. The homeowner asked, “Before the end of the year?” Chris says that they needed to get the detailed budget and volunteer solicitations, first. It is in draft form. There are things that don’t have to be disclosed. He said they are trying to do it the right way. They are not trying to hide anything as some people have said.

Homeowner #2

Homeowner thanked the board for including landscape topics in the agenda. He said he could meet with O’Connell.

Why don’t you simply post the agendas as soon as you get them, rather than having to cancel meetings? There are two directors that live about 100 yards from the bulletin board, and a 3rd that lives a block away. If you can’t get it together to post them, then I guess you should pay FirstService to do it, which is a shame.

He noted two additional Open Meetings Act violations, the most recent occurring since they hired new counsel. In both cases they had open meetings where they did not have Homeowner Forum.

Special Meetings

10-13-2022: Variance approval

08-31-2022: Approval of annual budget, where they increased rates 17.26%

Mulch installation is on the agenda. You need to apply it to large areas of bare ground, not just the ornamental areas within 10 ft of the road. He presented four photos about landscape. One photo shows exposed tree roots, bare ground, hydroseed failure, and erosion.

Another photo showed an irrigation equipment box with exposed wires, where the lid with water pooled in it is next to it. He said there are many more. It might explain some of the malfunctions given that landscapers claim that rat-chewed wires are much of the problem.

A photo showed a sprinkler blocked by vegetation including Sumac which is supposed to be trimmed to 24” per the fire marshal.

A photo showed large cactus laying on the ground, nearby bare ground, and erosion.

He noted that Design Review is on the agenda, and he said, they have controlled for years, yet they don’t have a handle on it.

He said, “Why don’t you read your board packet before the meeting so that you can identify issues.” It looks like you’re not doing anything e.g. Don’t notice missing materials such as plans and proposal costs until the meeting is in progress.

Chris responded to Homeowner #2 saying that he knows the homeowner has encountered leaks, and that the homeowner probably has an inventory of issues. He asked if the homeowner could provide the list. The homeowner said he wouldn’t commit to sending a list that is purported to be comprehensive. Chris said that even a bullet list of the top issues would be helpful. The homeowner said that he would send one email with the photos that he presented in the meeting, and a 2nd email with a list of landscape issues with examples <Landscape Issues pdf>. He reiterated that the list should not be considered comprehensive, and that the photos are examples, not every occurrence he observed.


END HOMEOWNER FORUM

CONSENT CALENDAR

Approval of Minutes October 2022

Financial Statement September 2022

Approved without discussion

UNFINISHED BUSINESS

Tree Trimming Proposal(s) Update

Nadine referred directors to a “great” spreadsheet created by Ed.

Five bids.

O’Connell would do their own repairs and had the lowest cost.

O’Connell $16,930 per year, $50,789 total <Note: 3 year?, though it doesn’t add up precisely.>

Atlas $20,563 per year, $61,690 total <Note: 3 year?, though it doesn’t add up precisely.>

Tree count included by all. Not all trees need to be trimmed each year.

Ed said he recommends O’Connell, the remaining three are much more expensive. He said he’d like estimates for 2023 & 2024.

Ed mentioned the work to be done on Claret, and is concerned that it might be too much work to assign to one contractor, i.e. If O’Connell were assigned the tree trimming and the wall on Claret.

Retaining wall, 16” or 18”, at the edge of the sidewalk. It is the same as installed as the other parts of the community. It is the Sky Ranch color.

$36,315 BRM, more builders than landscapers

$38,778 O’Connell. Architect said O’Connell is suitable. The architect can review the proposal for proper language and provisions, and a final inspection. That will be an additional cost.

It is a liability to leave the wall unaddressed, e.g. trip hazard. O’Connell would take care of any plants and irrigation destroyed because of the work. BRM would have to work with O’Connell.

Ed recommends O’Connell provided they update the quote with 2023 and 2024. Nadine asked if they should approve the first year as a “not to exceed” estimate. Chris said the estimate might have expired. Nadine said she shared the concern. Chris clarified that the 3rd year is a repeat of the first year work. Ed said they are holding back on providing the cost for 2023 and 2024.

Chris suggested updated estimates from the best three, through years 2025. A-plus, Atlas, O’Connell. Ed said that contractors have to update due to cost changes, Chris said he does deal with requests for such estimates. Ed said that the tree trimming needs to be done at the right time of the year. They want to get it done before the rainy season, the same applies to the retaining wall.

Petra Proposal

Nadine met them, but they still need to provide the estimate. Dave asked what they will do.

Nadine said, inspect and provide report on the slope. (Didn’t mention location). Ed said, this is the same corner property we were taking about. Nadine said, yes.

Approved unanimously.

Shared Use Area

Ed asked if there was a stalemate between us and Northstar. Nadine said it should be done by December 31. She suggested that a director be a liaison between Jeff and Sandra. She mentioned Ed. Ed said Jeff Barnes is no longer a President there. Ed would like to get a formula to use. Chris said costs 20412, 1334 per month. Nadine said those numbers are outdated. Chris said that she sent them and asked if she’d send a new one. Nadine did it during the meeting. She repeated a lament that she would prefer to be at her desk <Apparently she was working at another desk>. The new board at Northstar is contesting the agreement that was made by Scott (former president Sky Ranch HOA) and Richard Ford (former property manager Sky Ranch). Ed said that we won’t be able to use the building until this is resolved. (In-person meetings were usually held at the NorthStar clubhouse)

7 cost share items. The new one is still not correct. Chris said $1701 per month is the cost—i.e. Northstar will pay Sky Ranch. Nadine will send to accounting.

Ed asked if there was a dispute regarding the amount owed.

Going forward it will be billed at $1701 per month, detailed breakdown in the spreadsheet.

Dave said he didn’t get the email. Chris described the breakdown of the cost share to Dave.

Electricity, water, contract management, landscape, reserves etc.

Approved unanimously to be sent to Northstar pending a change to the spreadsheet of the $1701 per month for 2021, and going forward.

Nadine said the email to Dave keeps getting bounced back. Ed said that the file is large.

NEW BUSINESS

Merrill Lynch Recommendation

Renewal of CDs with Merrill Lynch

Chris abstained so they didn’t have enough directors to vote.

Chris addressed CD to bank of India, and asked if she has other recommendations.

Dave asked about yield.

Chris said she put the yields on the 2nd page.

Chris said she has provided more information in the past.

Tabled until December 8.

O’Connell Calico Street Slope Landscape Improvements

Nadine said they discussed it in Executive Session and doesn’t have a response yet, and she recommended it be tabled. Tabled.

O’Connell Oak Tree Removal

Oak tree impacting fence. 7120 Mariposa <Note: Across the street from this address>.

Dave asked north or south of Castilla?

Chris said the trunk is unclear in the photo.

Nadine then displayed a Google photo.

There was discussion about where the tree was.

Ed clarified that homeowner property goes to the curb, but the HOA maintains the property up to the fence.

Nadine said the trunk is getting wider and will damage the fence.

Chris asked if it can be relocated. Consensus—no.

Chris said the tree was planted too close to the fence. He said they might consider planting a Jacaranda as they did on Bella Vista.

Approved to remove tree and get estimate for replacement.

O’Connell Common Area Mulch Installation

20 cubic yards

Nadine said Flavio recommended. It looks better and helps plants. She said they are looking to do it in different places over time. She said it is in focal areas but agrees that it should be in more places. Similar to Bella Vista/Iris corner.

Approved unanimously.

Design Review Discussion

Ed showed a presentation that he put together years ago. He said they go over it (the issue) every time FirstService gets a new assistant. Questions arise about what to do when the architect denies a plan. He suggests everyone review it and if they see something that doesn’t work they should say it.

Chris says Lightfoot (architect) should take more ownership, and have specific timelines for their response. Ed said he was welcome to a timeline proposal. Ed asked about the deadline. Nadine said the HOA deadline is 60 days. If rejected, it goes to Nadine, then a letter to the homeowner notifying them of the rejection. Ed asked and Nadine clarified that the architect does not contact the homeowner. Nadine does.

There is Design Review Team at the HOA that is different from HOA.

Solar

Add to the approval paint conduit going up the house.

Nadine said location approval is necessary.

She gave an example of an installation that could be denied such as building a carport and putting the panels on top.

Ed said it has to be approved, they need to face south. <Note: It appears he meant anywhere on the roof.>

Ed said there is no need to send solar applications to the architect.

Aaron (Design Review) said that they haven’t developed automatic approval.

Nadine asked the directors if they had access to Smart Webs to review and vote on approvals. She said it streamlines the review process. The directors then asked for access.

Everything goes to architect except solar.

Chris suggested that they put the process on the agenda for the next meeting and have architects attend the December meeting

Chris said there should be a timeframe to respond. Chris said that the CC&Rs say plans are deemed denied if no response within 30 days. <Note: CC&Rs say they are deemed denied if not approved within 30 days.> DRC has 45 days to review submittals according to the Design Guidelines and is in conflict with the 30 days in the CC&Rs. Ed said it good that this has surfaced now.

They briefly discussed what is involved with modifying the Design Guidelines including a community 28 day review period.

Next Board Meeting, December 8, 3pm

Adjourn 4:55 pm