Personal Notes, HOA Meeting 11-26-2024
HOA Meeting Notes 11-26-2024 6pm
Meeting conducted via video conference (Microsoft Teams)
Directors Present: Chris Andre, David Samo, Mita Schumacher
Directors Absent: David Quinsey, Ed Wenz,
FirstService Residential
Ian Navarro - Regional Director
Tiffani Rivers - Community Manager
Carrie Heieck, General Counsel, Tinnely Law
III. HOMEOWNER FORUM
Homeowner #1
Garbage receptacles, what is the plan for the overlook on Sevilla? Last time discussed there was a plan to put a bin on the doggie dispenser. His concern with a trash can is it already appears to be a community space and he already deals with kids there.
Homeowner #2
It took weeks to repair that fence railing over the ravine at the intersection of Calico and Sevilla. That failure exposed the HOA to potential negligence litigation, not to mention the human cost. “I saw kids climbing on it the other day.”
Julie and anyone else who agreed to delay the recall of the board of directors, you were played by the HOA. I understand. You want to trust your HOA. I'll have more information later. I don't think you'll be proud of your HOA.
If the community wants to pursue the recall, I suggest you submit a new petition with the required 11 signatures. Do not rely on one person who is connected to the board, whether they be friends of directors, on a committee, or influenced by the board.
When a director or attorney speaks to you alone ask yourself why they aren't informing the entire community. Are they afraid the information will be challenged? I suggest that you assume they are misleading you or flat lying.
Chris Andre replied and said the homeowners decided not to submit the petition.
Homeowner #3
We still don't know how much we paid the Ballos and our attorneys (Note: HOA lawsuit over roof height commercial grade slide). The last time I was told we would have to get the information from the attorney. I've been asking for two years. Do I have to sue to find out? I will if I have to. My patience is wearing thin. The board members should know the amount paid, except Mita, who wasn’t on the board at the time.
Chris said he recused himself. He said Mita wasn't there, neither was David Samo.
He said it's with the Epsten law firm. (Note: Epsten was the HOA counsel that handled the lawsuit).
Carrie Heieck responded and said she downloaded a judgement dated Dec 10, 2021, zero punitive damages, attorney fees, $1605. First Service can pull the payments to Epsten if they don't respond.
Homeowner #3 said she did not find a motion for attorney fees and doubts the Ballos walked away without seeking attorney fees. It is likely that a settlement was entered. The snow job that we keep getting isn't acceptable. The board had to approve a settlement. She speculated perhaps $100,000. She said if she agreed to a settlement, I would remember an amount of something like $100,000. I'm getting tired of waiting.
END HOMEOWNER FORUM
IV. COMMITTEE UPDATE & INVITED GUESTS
A. SOCIAL COMMITTEE
Shannon Q. Concerned that they don't have their funding, though she has attended meetings. Their card is wiped out, though they have submitted receipts so it can be replenished. Treasurer is also frustrated. She doesn't know what to do. She's been asking for 6 months. They've been chasing funds which is absurd. If we don't have the funding by tomorrow at closing we may cancel the event.
Ian Navarro apologized and said they are dealing with it. He said the transfer should be completed by tomorrow.
Shanon asked how much. Ian said, fully. $2400-$2500.
Shannon explained how they use larger amounts of money for big events, but don't have sufficient funding because it is only replenished after larger amounts of money are spent, though most expenses throughout the year are small, so when larger expenditures are necessary there isn't enough money available.
A discussion ensued about increasing the amount of petty cash on the card used by the social committee. Ian said the board could make the decision and FirstService could adjust it as they fix the other "snafus." Ian noted that the social committee has handled the receipts and documents well.
Motion: Petty cash for Social Committee increased to $4,000, approved unanimously.
Ian said something is getting lost in the communication between two departments at FirstService.
Rivers asked for the flyer that is to be distributed. Shannon said she'd send it. Ian said that their offices close at 3pm tomorrow.
Shannon asked if the sponsoring homeowner wanted her name on the flyer, or just the name of her law firm. She replied that she did not need the recognition.
B. FINANACE COMMITTEE
No additional names have been submitted.
Ian suggested that they use committee charters and reaffirm members each year. Rivers said charters will be included in the next board packet.
C. LANDSCAPE COMMITTEE
No new names have been submitted. She said Mita has spoken to some people.
Mita said there is a welcome committee that has a budget, though they haven't used anything in the last two years.
V. REPORTS
A. MANAGEMENT REPORT
B. WORK ORDER REPORT
C. LANDSCAPE WALKTHROUGH/PUNCHLIST
Chris asked if everything was done. Rivers said yes.
VI. CONSENT CALENDAR
Motion to roll over CD approved unanimously.
A. OPEN SESSION MEETING MINUTES - OCTOBER 2024
B. FINANCIAL STATEMENT - OCTOBER 2024
Chris paused to read the financial statement. He read it out loud.
Everything approved with no additional discussion.
VII. UNFINISHED BUSINESS
A. RETAINING WALL UPDATE
They have a contractor and have approved him to do the work. The contractor needs to upload documents. Hopefully, the work will be done in December. It will take approximately three weeks to complete once started.
B. FLOCK SECURITY CAMERAS
December 4 site evaluation. December 12 installation. LPR (License Plate Reader) near the monument will capture cars going up and down the mountain. The information will only be accessible by the Sheriff, i.e. no board members.
Flock is in the process of uploading documents to the HOA.
This is informational. CC&Rs specify that the HOA is not responsible for security.
C. NEW GARBAGE RECEPTACLE LOCATIONS
Tabled. They need to consider the cost of three additional trash cans given the budget.
D. STREET SIGN LOCATION RECOMMENDATIONS
The proposal was already submitted to the City. The City confirmed receipt and they will review.
VIII. NEW BUSINESS
A. LANDSCAPING PROPOSALS
Sevilla Monument, seasonal Poinsettias $30 for each plant, $28 for planting each: total $840
David S. says it is a highly visible area so he supports it.
Approved unanimously.
Mirador and Iris plantings. $826
Iris Rock Cotton Easter Horizon Tails (?), 12, $220
Mirador
Orchid Rock rose $48, Myoporium 2 - $38,
Lot I Coast live Oak $480
Dave S. says no to Iris and Mirador plantings given the budget constraints.
Tabled. Chris asked for more specific information regarding placement.
B. COMMUNITY NOTICES
C. TOWN HALL SCHEDULING
January 2025, definitive date not chosen.
IX. NEXT BOARD MEETING
The next Open Session Meeting is scheduled for January 23, 2025 at 5:00pm via Teams
X. ADJOURN 7:09pm