Personal Notes, HOA Meeting 08-16-2017

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

FirstService Residential, Richard Ford, Senior Community Manager

HOMEOWNER FORUM

Twenty-three days after sending an email the homeowner received a response that they couldn’t open it. “If I did that to my clients I would be fired.” Richard Ford said he’ll look into it.

What did you (Director Andre) rely on that gave you the authority to move your fence? Is there anything other than you wanted to? Andre said he is willing to help others move their fences. Did you tell petitioners that you were told you couldn’t move the fence? (jpg 09-17-2014 Fence move denial)

Homeowners are having conflicts. One has a restraining order. Property was damaged by another homeowner. It’s a result of HOA not enforcing the rules so homeowners take photos. Another person also brought it up at the recent Meet and Greet saying that the HOA should enforce violations so that homeowners don't have conflict with each other.

Circumstances changed, homeowner withdraws appeal request.

Bylaws should be changed to prohibit anyone with violations from sitting on the board or any committee. It is an inherent conflict of interest. It takes an amazingly entitled person to be a director or candidate for director and try to change the rules that govern their violations. When people don’t volunteer for committees or even attend meetings, how can anyone believe that they aren’t in it for selfish reasons?

Again, a Bella Vista resident said that they had permission to keep an RV for a period longer than 48 hrs. Richard Ford says, “…no exceptions to the storage times have ever been granted by our office during my tenure on this account. I would also assume that none were ever granted by our office before my time on the account either…” Has anyone on the board given anyone such permission? [HOA Response: All directors that responded indicated no.] Homeowners should consider the source when they hear these stories. <note: individual directors lack such authority>

FirstService Issues: Agenda not sent via email again. HOA response: Quinsey and other confirmed. Andre said that the agendas are posted at the park and sending them via email is not a requirement. Kiefner and Quinsey said that FirstService is expected to send the agenda’s via email. Kiefner said that the agendas are posted on the FirstService web site. Homeowner said that the agendas are not being posted on the web site regularly. (pdf Agendas posted)

It appears Richard Ford manages three communities. Ours should be easy to manage but it isn’t because of all the violators. Regardless, FirstService isn’t keeping up. Messages go unanswered, items aren’t placed on the agenda, the mailing for July 4 passes was botched, as was the election mailing. FirstService called about an issue already discussed with Mr. Ford. She said she was responding to 134 email. It seems that they stretch their resources too far. Enough is enough. FirstService isn’t working out.

Follow-up from previous meeting:

Why wasn’t my landscape modification plan reviewed within 30 days? HOA Reponse, Kiefner: Design Guidelines allows 45 days. Homeowner: CC&Rs control and plans are deemed denied after 30 days. HOA Response: DRC encouraged to review plans in a timely manner.

Why wasn’t my appeal on the agenda? HOA Response, Kiefner: Said he didn’t receive the appeal. Homeowner: Are you checking into why you didn’t receive it? Response: Yes

Why did one homeowner receive information about the election materials that the rest of us didn’t receive? HOA Response, Kiefner: That homeowner sent a question to FirstService and received an answer that included the new information about the election.

Triana resident said that he received 4 warning letters. The HOA letters lack detail. e.g. miscellaneous trash. Garage usage vs. parking in the garage. Construction for a year lead to the use of the garage. Difficult to address all at once. Letter was about play structure over 6 ft tall. Letter did not specify which play structure. These letters are sent anonymously. Board and fellow neighbors should take a stance on the Design Guidelines. They don’t reflect what homeowners want. Recommend relaxing certain provisions. Board, please consider your stance on the Design Guidelines. If letters continue there will be a legal request to find out who is reporting. Will file harassment charges. Give more detail in letters e.g. give example of trash. HOA response: Make request with specific changes you want to make to the Design Guidelines. RE: Play structure over 6ft, you need to comply. Won’t address legal.

Wenz said that the HOA is obligated to respond to complaints. Not allowed to divulge sources. Homeowner said that there are real violations, then there is this fluff stuff that stirs everyone up. HOA Response: Ford says contact information is included with letters (i.e. contact if questions). They do inspections and can’t be as detailed as you like. There may be a lag between the inspection and when the homeowner receives the letter. The violation may have been corrected by the time the homeowner received it.

Discussed it months ago. Some work has been done, but the HOA area that they were most concerned about is mostly dirt. Please let TVRI know that it has not been addressed. Cover it before it rains. Concerned it will be a muddy mess. HOA Response Kiefner: TVRI has acknowledged that it wasn’t completed and will address it.

END HOMEOWNER FORUM

Consent Calendar: Approved unanimously except won’t accept the insurance claim response.

NorthStar / Sky Ranch Cost Sharing: tabled

Committee Application

Melissa J. for Legal/Management Committee. Andre made a motion to deny. He said that she shared legal bills that were then put on public website, and she shared legally privileged information.

Wright motion to approve. He said we need people with legal knowledge as they review CC&Rs and Design Guidelines. We need to move forward not hold onto the past. Kiefner 2nd the motion to approve. Wenz said he needed more information. Quinsey said the committee is advisory and another legal opinion would be helpful.

Another homeowner interjected that he acquired the legal bills used on the website from FirstService i.e. the HOA. In fact, he paid for them. (pdf Legal bill transaction 2 emails)

Melissa said that she might have been slandered and asked for an opportunity to respond. She said that at the open meeting she supplied the information in a package that she gave to the board. She said that Andre discussed the legal opinion in public.

Wenz commented that he wasn’t previously aware of FirstService response re: legal bills.

Vote re: Melissa J. application for the committee: Yes: Kiefner, Quinsey, Wenz, Wright. Abstain: Andre

Kiefner: One of the trails is below Monticello. Pedestrian access is available. There is a request to block access. Quinsey said the language conflicts but mentioned the difficulty in changing CC&Rs. It would require an extensive fence to keep people out.

Social Committee letter. Unanimously approve for Quinsey to handle it.

Architectural item: topic pulled by homeowner

Design Guidelines <note: though it actually focused on CC&Rs>: Board would make decision, but community would have 30 days to review. Tonight a “discussion only” lead by Andre.

CC&Rs Garage and Parking: per Conditions of Approval two garage parking spaces are required. (pdf Excerpt City Resolution Condition of Approval) Andre recommends change to language to clarify. Kiefner said there has been no issue with homeowners parking in garages, driveway …

Fences: Andre: I moved fence. Other homeowners would like to move their fences. He discussed a previous proposal which included a 5ft relocation limit. He offered other suggestions for how far homeowners should be allowed to move their fences. Kiefner reminded of the previous discussions about the movement of fences which would allow fence movement of 5ft to get it out of view, but keep a consistent appearance. Wenz mentioned liability related to the retaining wall in some circumstances. Andre said it could save water. Wright said if the homeowner fails to maintain the slope and it fails the HOA faces liability. Wright said that all legal exposure would have to be moved to the homeowner.

Pets: Interpreting CC&Rs. Two dogs, two cats. Quinsey said that the CC&Rs state the board has some discretion. Kiefner says a variance can be requested and one has been granted. Kiefner says that the language seems clear.

Security Cameras at Entryway: Kiefner’s concern is privacy and access control re: plate readers. Is there a way to limit access to Sheriff? Ford mentioned a monthly fee. Quinsey asked if Sheriff will review. Kiefner says Sheriff says the cameras solve crimes. It is unclear how much time would be invested to review footage. Wenz suggested a possible process for addressing a camera proposal: This should be reviewed by legal committee, then determine what is needed, then get quote. Wright said a legal opinion costs money, not the quote. Wenz repeated, review by the legal committee, which he noted does not cost the HOA. Kiefner not concerned about getting it in the budget, but the safeguards. Andre said photos in public are legal, but City won’t allow the HOA to mount them on City property. Andre motion to get estimate and explore: Approved unanimously

Kiefner says he is pushing TVRI on landscape and they know the contract could be at risk. They have been responsive. Homeowners have expressed concerns that have been addressed, but more work needs to be done. Rain, weeds, confusion brush removal calendar led to issues.

Monument lights fixed. Andre credited for proper light color.

Social Committee: upcoming event, ice cream social then movie (Moana) in the park, all on the same day.

Homeowner request to have landscaper to complete work. Kiefner will discuss with TVRI

Homeowner asking if security is patrolling a specific area. Drug paraphernalia has been found at the Castilla overlook. Quinsey said that the reports indicate security has patrolled the area.

Homeowner issue. Lennar fixed sidewalk and caused drainage issue. Referred to legal

Homeowner request re: mailbox. Referred to Lennar

Homeowner request to discuss security cameras—already discussed.

Directors encouraged to read homeowner correspondence.

Next meeting is September 14 election in Lantern Crest, same location. Parking is tight. Room might be small, but the location is close, and it was the best option.