Personal Notes, HOA Meeting 10-18-2017

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

FirstService Residential, Richard Ford, Senior Community Manager

Fence repair, where the vehicle went off the road near Northstar, should be done soon.

HOMEOWNER FORUM

140 people attended the Social Committee event.  It went well and there was a lot of positive feedback.

Next event, Christmas light judging, they hope to get a sponsor.

A cookie event is forthcoming.

Because you allowed homeowners to bring a non-homeowner into a meeting to serve documents, here is an update.  The homeowner's ill-fated civil harassment petitions were denied.  A restraining order was placed and remains on one of them.  Through settlement and court order the homeowner petitioners are required to pay the homeowner $8861 in legal costs. 

In the August meeting Director Andre accused Melissa of providing HOA legal documents which were posted on a public website.  In fact, FirstService provided those redacted documents.  At that meeting Melissa said that she might have been slandered by the statement.  Assuming the website was the homeowner’s site, the statement about the homeowner were false as well.  No one on the board even asked the homeowner where the invoices were acquired.  Such reckless behavior places the HOA at tremendous risk of liability.

One of the purposes of posting the invoices was to show the legal expense to the HOA for fence relocation issues.  The homeowner suspects that Chris may be acting this way because of his fence relocation violation, and probably because Melissa has disagreed with him.  The board needs to protect the HOA from this needless liability, and should use the provisions of the bylaws and remove him from the board.

The landscape.  Fix the landscape.  What else do we pay $200 per month for?  We have no club house, no pool, nothing.  We have only landscape, and it is in terrible condition in places.  For example, the slopes by homeowner’s house look terrible and are fire prone. 

The City says that the HOA is responsible for Lot L behind their house.  The HOA has dragged its feet leaving that lot in violation of City Code and placing their home and others at risk of fire for six years.  The City finally acted so the HOA is cutting the overgrowth.  The HOA needs to fully comply with its responsibility and avoid this liability.  The time for negotiation has passed.  The 12 hr per day irrigation that the homeowner tried to alert you to would've fueled a drip system there for a lifetime.  To use the safety of their family and home as a bargaining chip with Lennar is a sick cynical tactic.

Common area in front of a house on Claret is supposed to be maintained by the HOA, though it might appear that the homeowner is responsible.  HOA Response:  Landscapers will be informed.

For Sale signs have been posted on HOA property.  Recently, five have been placed.  They should be removed.

Chris is in violation and the bylaws allow him to be removed. You should declare his seat vacant and replace him.  He doesn't speak for the majority as he proclaims.  HOA board of director candidates with his point of view got 167 votes vs 367 votes more in line with the current board majority. 

Twenty-three days after sending a notice of completion to First Service, they sent a note that they couldn't open it.  Homeowner re-sent it.  Still no response.

Sprinklers near our house don't appear to be functioning.  Vegetation has died.

Another homeowner interjected that it appears to be a problem throughout the community.

END HOMEOWNER FORUM

Consent Calendar approved unanimously

Lien for account 0133-01

Foreclosure

Trellis Repair on Mariposa.  It appears it may be vandalism.  Homeowner said she saw footprints on it and sent a photo to FirstService.

Holiday Lighting--$1242.96; $729 approximately if we exclude Jacarandas, using same vendor as last year.  $1242.96 approved unanimously 

Cost sharing with Northstar:  Northstar has taken no action.  Kiefner spoke to their board and said that they are waiting for our HOA.  Ford said Northstar manager said they haven't heard from their board.  Ford will attempt again.

Lands Management Request for Fence:  The street is ours to use and part of the trail system.  A no trespassing sign was posted, but the residents may use that road/trail.  <Bottom of Monticello>

Security Cameras:  No answer yet for outside entity to monitor.  Tabled.

Security Patrol Request:  Tabled.

There was a discussion about patrol procedures.  Castilla Lookout continue to be an issue.  Homeowner concern about smoking and cigarette butts being a possible fire danger.  Call Sheriff for suspicious activity.

Potential Design Guideline Revisions:  A few minor changes envisioned e.g. solar, consistent language, fix conflict with CC&Rs etc.  Prohibited plant list is labeled incorrectly in CC&Rs, but it will be addressed in the Design Guidelines.  A proposal for revisions to the guidelines will be submitted to homeowners for comment.  Wenz has been working on this.  

Potential CC&R Revisions:  The issue appears dead.  Remove from agenda--approved unanimously.

$150 fee for architectural modification.  This fee was established when the HOA was using an outside architect.  When is the $150 fee required?   It will be clarified in the Design Guidelines. 

Homeowner Correspondence:  Put $3500 in landscape (olive trees) in front of our house, maintained by the HOA.  They irrigate it themselves.  It was supposed to be maintained by the HOA.  Landscape company said that they were told not to maintain the slope.  The HOA should get the landscape company to maintain the area.  Regardless of who instructed the company, the issue should be corrected.

Homeowner Correspondence:  Landscape by our house is in terrible shape.  Much of it has died again.  When landscapers did brush clearing in June it didn’t appear that they differentiated between planted shrubs and weeds.  Everything was mowed down. <Another homeowner interjected an agreement.>  Landscape next to our home is dead except a small part that we watered ourselves. 

Homeowner Correspondence:

Storm water BMP letter -- standard letter

Legal Committee Directive:  Explore modifying the bylaws to prevent people with outstanding violations from running for the board.  Legal committee will review it to consider getting it done.  Explore requirements.  We have one of the few CC&Rs that don't include such a requirement.  Unanimously approved the exploratory.

Fence damage, car over side on Sevilla:  Wright worked on it and ensured that we were compensated.  It should be fixed this weekend.

Next Meeting, November 29th.