Personal Notes, HOA meeting 3/16/2017, Sky Ranch Community Association

Personal Notes, HOA Meeting 03-16-2017

Preface:  The notes are limited to what can be heard and understood at an open session.  Documents and exhibits are not shown to audience members, and discussions sometimes include frequent references to these documents, including maps.  Abbreviations or internal jargon are sometimes used.  Sometimes it is difficult to hear.  The note taker’s comprehension and attention span aren’t always optimal.  Corrections or additions are welcomed. 

Present:  

President Kiefner
Directors: Andre, Quinsey, Wenz, Wright  

FirstService Residential:  Richard Ford, Senior Community Manager

Ford was introduced as a new manager.  Business cards were provided.

Referred to reports:
Seal
Fence painting proposal--on agenda
Street Light:  Kiefner commented that they belong to Lennar and City

HOMEOWNER FORUM

HOA attorney Laura was $120 cheaper and told the board the law.  Bud, the current lawyer, is more expensive and tells the board what they want to hear.

No Outlet sign placement:  Request they be put on the big hill only, not all over the community.

Have heard from at least two people outside the development that the community used to look nice, but is now looking shoddy at times.  We have been referred to as KOA Sky Ranch.

There has been a large RV with a cord across the sidewalk on Sevilla.  Also, on Sevilla <5000 block> is a house with a front lot that is mostly dirt and weeds and reflects poorly on the community.

People don’t follow the rules because they don’t have to because you don’t enforce them.  If necessary the board must impose fines and follow up with lawsuits to collect if necessary.  Even small claims.

Rebar sticking up from straw wattle <erosion control> might hurt someone.  Reminded Quinsey that he had discussed it long ago.  Quinsey commented that they fixed it in another area.  Kiefner asked for the location.  Mirador.

Andre will likely again be arguing for a self-interested change in the CC&Rs to allow the relocation of fences. He should be recused from the topic. He moved his fence in violation of the CC&Rs despite the advice of HOA counsel. Since he moved his fence more than 5 feet it’s doubtful that he will accept a 5ft limit to fence relocation as he would have to move his fence if the HOA ever enforced the CC&Rs.

What is the process and who approves the storage of trailers in the community. For example, “If I want to park a trailer in the street for three days?”  Kiefner responded, he doesn't think there is any method to request such permission, will have to check.  Homeowner told him to disregard, as there is no such authority for the board.

With minimal time to speak there is no time to be diplomatic.  FirstService isn't up to it.
They frequently don't acknowledge or respond to email. FirstService and these meetings are homeowners only line of communication with the board.
This agenda wasn't posted to the First Service site and DRC minutes haven't been posted since July. Communication is a basic.  A tree was down for a month despite having reported it to FirstService promptly. Then went to the board meeting with photos and the tree remained down approximately a week longer.   Homeowner posted a note online asking for help getting the attention of landscaper TVRI, only then was it addressed.

Homeowners should understand that many of the issues appear over and over on the agenda because the board hasn't worked on the issues. It is a volunteer position worthy of thanks if directors act as good fiduciaries, but they should drop the self-interest issues and buddy favors, and focus on the basics. They recalled a previous board and removed people from committees only because they enforced some of the rules or voiced different opinions, so now they have to get the work done themselves.

At the last meeting Director Wenz acknowledged that he has prohibited plants, Juniper, despite the HOA forcing others to remove Juniper and even dwarf Cypress.

The suggestion that the HOA should give up parking enforcement is a mistake. It is illustrated by the alleged business on Cala Lily and employee parking. What are the odds of a board going crazy with enforcement vs one of 209 homeowners becoming a nuisance with parking? You will limit your tools.

Homeowners are using their vehicles to block the storage of the large RV on Cala Lily, so if people stopped by they might not have seen the RV.  The failure of the HOA to ensure that homeowners comply with the rules has pit neighbor against neighbor.
A large trailer as well as a commercially signed truck have been on Bella Vista; large RVs have been on Mariposa and Sevilla longer than allowed, the one on Sevilla with a large electrical cord across the sidewalk, risking liability for this HOA. How many weeks will you allow the basketball hoop in the street on Ocotillo?

Thanks for fixing the tree.

Request to install plants on the slope on Claret that is barren.  
Request for the HOA to paint HOA fence behind their house.

END HOMEOWNER FORUM

Andre asked to identify homeowners by name and their issues from Homeowner Forum in the minutes.  Ford said, while homeowners can discuss anything during Homeowner Forum, per state law the board cannot fully discuss and take action unless an item is on the agenda.  Therefore, items from Homeowner Forum should be brief in the minutes.  The law is designed so that homeowners have a chance to attend meetings where topics of interest are discussed.  The discussion broadened to how items are added to the agenda e.g. homeowners may email or call FirstService, and then expanded further when homeowners said that ignored email prevents homeowners from getting items on the agenda.  Andre said email is placed in correspondence in the director’s packets for the meeting, but they don’t read it aloud.  Homeowner said when FirstService fails to respond or acknowledge there is no way to know what happened, and items have not made the agenda.  Kiefner and others said that they want to give the new community manager time.  He is experienced and they expect that there will be improvement.  Ford said that everyday requests that are completed, such as minor maintenance, are not forwarded to the board.     

Security Update—Andre lead discussion of placement of No Outlet signs.
#1 Entrance/Graves--approved
#2 Half-way up the big Sevilla hill before NorthStar--not approved
#3 Stop sign at Northstar—not approved,   Discussed placement on Sevilla at Calico stop sign instead.--approved
#4 On Castilla before Mariposa--not approved
#5 On Mariposa going up the hill--not approved
#6 Cala Lily near Monticello--not approved
#7 Morella:  not approved
Dead End sign at end of Ocotillo--approved

Approved two No Outlet signs (Graves; Sevilla/Calico stop sign) and one Dead End sign (Ocotillo).  Will propose it to the City.
Question:  How does Dead End differ from No Outlet?  Dead end has no cross streets.  

Kiefner commented, drop dead date for proposals to change to CC&Rs need to be in by May.
Bylaws amendment approved by the attorney.  They discussed the voting process for amending bylaws.  Quinsey discussed voting and mortgagee vs. the mortgage holder.
Ford said in his opinion it is not a majority as the board had believed, rather 75%, though he will present it to the attorney for an opinion.

Lighting Proposal for the Sky Ranch Monument.  Discussed with Ford for bid submission.  Tabled.

CC&R Amendment
While other details previously presented are acceptable, Andre disagrees with the 5ft limit to fence relocation.  Kiefner said homeowners want to move fences to move them out of their view, and to make way to build structures.  Kiefner said he could not support anything that would not provide a limit.  He also prefers the uniformity of HOA maintained slopes.  Homeowner slopes are not as consistently maintained or landscaped with consistent plants.  Wright thinks the issue is too much at the moment.  He suggested maybe having a fence committee to make proposals.  Kiefner reiterated the board's responsibility and they are a committee.  An item will be placed on the next agenda to decide if a committee will be formed.  Quinsey said the bylaw election rules take precedence at the moment.

Nothstar and Sky Ranch costsharing budget.  Tabled.  Ford will discuss with NorthStar representatives.

Fence painting bid discussed.  Ford will confirm specs (produced by Wenz) match proposal bid made by vendor.

Design Guidelines Revision
Wenz explained what he had supplied to the directors, e.g. present Design Guidelines.
Kiefner said that when they agree to the revisions they will be presented to the homeowners.  Ford suggested that they have the revisions approved by the HOA attorney before they are presented to homeowners rather than submit something to homeowners, have the attorney reject something, then have to send them to homeowners again.  Kiefner said the revisions are mostly for clarity, not major changes.
Ford asked if they considered having a reviewing architect.  Kiefner said that they tried two, but didn't work out.  Wenz asked if he had someone who is good.  Ford said a name <missed it>.  Hiring an architecht will be on the next agenda.

Architectural Modification Status:  Quinsey asked if the issue was resolved in locating files.  There were issues ensuring that Notifications of Completion had been done.  Need to determine what plans <landscapes> were not completed.  Ford will examine further.  Wenz said he thinks they resolved most of it.

Next Meeting April 13, 2017.  However, Ford will contact the board if the schedule won't work for him.