Personal Notes, HOA Meeting 3-21-2018
HOA Meeting Notes 3-21-2018
Directors Present: Dave Quinsey, Ed Wenz, Tom Wright
Directors Absent: Chris Andre, Scott Kiefner
FirstService Residential, Richard Ford, Senior Community Manager
HOMEOWNER FORUM
There is a lot of dog poop in the park.
Neighbor is throwing trash and food over the fence. When they contacted other agencies they were told to rely on their HOA. Ford said that he didn't see the trash during inspection. He told her to send another email. Another homeowner said that she had sent a photo to the HOA.
She said that the homeowners did not put out the rock that was presented to the neighbor.
She and lawyer friend did not see what the litigation issue would be with the Little Libraries (https://littlefreelibrary.org). What is the fear? Ed said that they would not have control of what is placed inside. Homeowners said pornography or profanity might be placed inside. Ford asked, "Who is responsible for maintenance?" She responded, the book club. Could someone put it on their property? HOA responded, that you can submit a plan to install one, but neighbors might not agree, and they might disagree with people congregating near their home.
Homeowner again asked about painting the fence around Claret and Dracena. Homeowner said it was approved. Ford said it wasn't approved and he said that he checked with Scott who agreed. Dave said it was approved. It will come up later in the meeting, but Ford said it wasn't approved. It really needs a retaining wall. People don't want to climb the slope to paint it. Dave said the board approved the contract to paint it. Dave said the contract was not put out for bid. Ed said he prepared some of the specs of the contract. Tom said it would be covered later in the meeting and that it would be fixed.
How does the board effectively enforce our HOA guidelines? What is it you do now? Ford said that they do something but they have limited enforcement potential. They can impose fines, use Internal Dispute Resolution (IDR), then file a lawsuit. He said it is time consuming and costly. Another homeowner said only two small claims cases have been filed (not standard lawsuits represented by attorneys). He said the loser pays the attorney fees so the HOA needs to pick a good case and make an example of a violator.
The two cases involving homeowners are highlighted. The case against Patricia Rieta, I suspect, involved fines for violations for trailers parked at 3171 Mirador by tenants, among other violations. The case of IC RAM LLC is the house on Bella Vista that was notorious for a time. Neighbors complained about drug activity, but I don't know the basis of the small claims action.
Thank you for putting something in the newsletter about speeding and running stop signs. She said it has helped. Another homeowner interjected that it remains bad on Sevilla.
Ed said they welcome information for the newsletter. Another homeowner said that she presented information on fire safety, but it never appeared in the newsletter.
The dead oak the HOA was notified about in November is still there. The board deferred to David Rodi of TVRI who said they are waiting to see if it is really dead. <Photo below 4-14-2018>
The board should receive color photos not illegible black and white copies. Suggested web based or iPad. HOA response: they now receive pdfs.
Permits are stamped that homeowners must comply with CC&Rs. While the HOA doesn't enforce all city code, the rules and variances should not conflict with city code. For example, there are city codes for setbacks, lighting, and the amount of the front yard that may be paved (and by the way, the excessive paving of front yards may cost the HOA in the lawsuit over drainage). The rules were written to comply with city code.
At the last meeting the HOA rewarded non-compliance by approving a variance at 7207 Ocotillo for construction that was done before it was approved. At that meeting Ed even commented that they were pigeon-holed. As if the HOA must approve the variance since the construction was started. Ford couldn't even figure out what specifically was being allowed. Scott simply directed Ford to write the variance as approved as planned, rather than specifying which rules were being excepted, and how.
END HOMEOWNER FORUM
3 yr loyalty plan reserve study--Ford maintains his previous recommendation
Delinquency policy updated with changes from state law.
Northstar/Sky Ranch Cost Sharing--communication continues.
Fence request inquiry letter to Markus Spiegelberg was sent. <Spiegelberg sought to block access to area below Monticello. This letter is apparently the HOA response.>
Security Patrol--issue tabled.
Homeowner correspondence--
Landscape enhancement proposals. <There are gaps in the notes as they rattled of these details quickly and it was difficult to keep up.>
Pretty up the monument color at the entrance.
Bella Vista retaining wall plants dead and/or expired. Replace Bougainvillea, Tecoma Stans to replace dead Coyote Bush. $849
Triana--<missed it>
Cala Lily--filling empty spot along retaining wall $888 42 plants
Mariposa/Marvila--Lantana, Trailing Rosemary, Bougainvillea. $676 35 plants
Top of Mariposa--lost a lot of Coyote Bush, lots of bare dirt. Install Bougainvillea $651 for 21 plants
Replace two Oaks on Sevilla killed by bore beetle. Recommend replacing with Jacaranda
Iris slope
It can be done in the next two weeks. Myoporum and Coyote Bush has a short life span. Dave discussed where from the budget the money should come e.g. landscape reserves vs. landscape enhancement
Tom asked TVRI what additional improvements are necessary?
Dracena cul-de-sac
Calico cul-de-sac
Approx $3000
What about Monticello? They noted some holes, but it is tabled in order to prioritize.
TVRI replaced plant die off on Ocotillo and Mariposa that were not natural die off.
Homeowner said irrigation not running along home at Mirador.
Dracena has bare spots. TVRI said that it is planted for growth, rather than over planting which won't work long-term. They may put straw waddle to prevent runoff erosion.
Mail station on Castilla. Dave said we should look into moving it. He said he is surprised that the Postal Service will still deliver there given the danger. Tom will check with the Postal Service. Dave read the suggestions discussed at the last meeting. Homeowner asked about installing a stop sign. The City would have to install it.
Potential Design Guidelines Revisions. Dave thanked Ed for his extensive work on it. The document (pdf) will be sent electronically to homeowners for comment. It is color coded: Blue is new. Red is dead. Some redundancy is deliberate e.g. covered in the CC&Rs. Font has been improved so it is a little longer document. Dave asked about Rosemary. It is prohibited but there is a lot of it in the community and the HOA has planted it.
There was a discussion about how much time an approved plan should be valid i.e. how long to complete the installation.
Also discussed that ongoing maintenance is required. There are instances where there is not maintenance e.g. shredded flag. Garage doors--some owners will want doors that allow light to shine through. Dave commented that those doors have to be non-flammable. Fence stain color will be included in the Design Guidelines as well as recommendations for care. Encourage homeowners to review it. <image below may not be one of the examples mentioned>
Ed will make two changes, time frame for completion and non-plant list (Rosemary). Unanimously voted to submit it to the attorney when Ed makes those changes.
Ford said that hard copies of the proposed revisions must be sent to homeowners. Will discuss delivery later.
Homeowner correspondence: Dracena landscape and fence. Already discussed in the meeting. The fence is the homeowner's but the land belongs to the HOA, so the HOA is handling it. Ed wants to ensure that the whole fence line is done vs. hodgepodge
Landscape committee will review planting. Board will check again to determine who is responsible. Tabled