Personal Notes, HOA Meeting 05-16-2018

HOA Meeting Notes 5-16-2018

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

FirstService Residential, Richard Ford, Senior Community Manager

David Rodi of TVRI--Marigolds at monument decimated by rabbits, replacing with Marigolds or other. Mulch scheduled for June-- Cala Lily, Dracena. Per Scott, Top of Mariposa and lower Mariposa needs mulch as well, and end of Mirador. Rodi said Rainbirds and "smart controllers" are working.

HOMEOWNER FORUM

Homeowner lives on Claret. She cited CC&Rs "Article 8.3.2. Limited Non-Residential Uses Permitted. No part of the Community shall ever be used or caused to be used directly, or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending or other such non-residential purposes…" The businesses that are permitted in homes should not disturb others. Two homes have day cares, for certain. She has been tailgated repeatedly (customers). People leave cars in the street. Children are disrespectful to homeowners and their space. The responsible parties were dismissive when approached. Lot P has been damaged because parents and children have stomped them down. She saw a child damage a Jacaranda. Cardboard, trash, and clothing have been left on the lot. She is no longer comfortable confronting the homeowners. They say children will be children. We have a park that the children could use for play. She is extremely frustrated. She quit coming to meetings because her concerns were dismissed. She hopes it is different. 2-3 day cares are damaging property value.

CC&Rs 8.3.5 limit motorhome parking. One has been parked for longer than 48 hours

When was the last time the property was inspected via walk--not simply driving through. She has seen a loveseat, chicken coop on Claret, Christmas decorations, unsightly yard etc. Property Manager should be dealing with it. This is abhorrent. She doesn't like it.

Quinsey told her to send an email to the HOA identifying properties and issues.

She said rules seem to apply to one house, not another. The rules need to be followed.

Quinsey said he is not sure they are prohibited from entering Lot P, but they are prohibited from causing damage. She said homeowners are liable for the damage that they do. One of the homeowners at issue said that she is willing to pay for the damage so that her kids can go there. She is dismissive when approached.

She asked property manager Ford if he ever walked the area. Ford said that he has never walked the property because it isn't included in the contract. Richard said the violations are frustrating for homeowners because it appears nothing is happening even though the item is on the board's radar. He said that homeowners are resisting. He said, "Does the HOA impose fines? Yes, including tonight." Ed said the issues are on their radar.

Scott said most of these issues have not come before the board.

Richard Ford said California law protects day care. Homeowner asked about dealing with the nuisance it creates. Scott said it's the first he has heard of it.

Homeowner addressed the first homeowner. He said Ford and Ed said the items she complained about were on their radar, yet Scott said it was the first time he had heard of it.

Ford did not reply to my email. The Oak by my house that died 6 months ago was replaced with a Palo Verde. Who authorized it? Rodi of TVRI said that he did.

Open Meetings Act: Items must be listed on the agenda if the board is going to have a discussion. "Homeowner Correspondence" is not specific enough to let homeowners know that an item of interest is being discussed.

State Attorney General: "The agenda items should be drafted to provide interested lay persons with enough information to allow them to decide whether to attend the meeting or to participate in that particular agenda item."

The HOA conceals their lack of action. Despite the hinting, as shown, they are suing no violators. HOA won't even give aggregate data that would preserve privacy, e.g. fines and violations per quarter, without individual information. So, as a budget question, how much money was collected in fines in the last fiscal year? HOA response: $1000.

Homeowner handed out landscape plans for the slope between Mariposa and Mirador, and an email to the board. The email showed that he sent the plans to the board on December 17, yet at the April meeting the board said that they didn't know the plan for that area. Plans show Coyote Bush, Tipu's, Oak etc, not cactus and Palo Verde. Ed asked if they were "As-builts.". Homeowner responded that he had photos showing the slope was planted according to the plans, but the HOA allowed most of it to die. The Oak by his house should not have been replaced with a Palo Verde. It is not on the landscape plans (pdf plant map, pdf plant legend) and is inconsistent with the palate. The HOA is singling out these homeowners and has no intention of taking care of that area, so they planted a stick. Homeowner asked if they were going to restore the landscape on the slope. They said that they didn't know. Homeowner complained that they planted a bunch of trees along the length of Triana <and Bella Vista>, that weren't part of any plan, to hide neglected homeowner slopes, meanwhile the HOA slopes by their home were neglected and dying.

Homeowner said that she sent email about the Claret/Dracena area. She sent photos and showed them at the meeting. Dandelion is taller than Bougainvillea. Grass and Coyote Bush is growing through the fence into their yard. She said that they don't even have grass. They (HOA) need to walk the neighborhood. They paid $50 per month to an HOA in Louisiana and they mowed their lawn. We pay $200 here and they aren't servicing this. She doesn't want to attack anyone but doesn't know how they miss these weeds.

She again brought up the fence maintenance where there is an HOA easement. She thinks it is in her purchase agreement that she is not responsible for that section of fence.

END HOMEOWNER FORUM

Ed asked the homeowner if he had digital copies of the community landscape plans and if he would supply them. There are too big for email so the homeowner asked if he could drop them off at Ed's house. Ed said, no, send them to Richard. Homeowner said to send him an addressed and paid envelope and he'd send them. <During Homeowner Forum he said he would supply them to homeowners upon request, or put the entire set of City supplied plans on the website if there is interest.>

Cost sharing: Meet with Bill Turner and Northstar. Scott thanked Quinsey for his work. Unanimously approved to send to the Finance Committee

Security Cameras--on agenda by mistake.

Security Patrol Request about taking calls from homeowners and adding patrols. 5 patrols per night. $335 per patrol. $2130 is go to six patrols. One per hour, 9 patrols, $3195. The patrols in response to homeowner calls would come out of the contracted patrols. Their dispatch operates 8pm to 5pm. Sheriff wants the homeowner to call for crimes in progress. Quinsey concerned about homeowners calling security when Sheriff is more appropriate.

security company answered previous questions as follows:

Calls would be logged.

Dispatch will tell the homeowner that the victim is required to call the Sheriff for crimes.

Dispatch calls answered 8pm-5am unless on break or other call.

Tom said that he didn't see that we need them.

Chris motion to allow homeowners to contact security dispatch. Chris, Tom and Ed approve, Dave and Scott opposed. Motion passes. Chris will supply information to be given to homeowners.

Homeowner correspondence--said something about it being handled last month.

Design Guideline edits by HOA attorney.

Took out word boundary, changed to side and rear, regarding fence relocation prohibition. The goal is only to clarify the CC&Rs in the Design Guidelines.

pg 36 Homeowners must have permit anyway i.e. why include this?

pg 38 Comment -- he struck something that goes far beyond landscape.

Correct Do Not Plant List. But they added Rosemary since it is in the CC&Rs. There are different varieties--it will be clarified.

pg 51 Wording changes must versus may

pg 64. Installation of flag poles, flags themselves are an involved legal issue.

Antenna language should perhaps be removed.

Ed asked for further suggestions on submittals, fence color etc.

The document has to be formatted and cleaned. Everything needs an address so provisions can be cited.

Quinsey thanked Ed for all the work that he did on the document.

Variance request: 7228 Ocotillo. Ford did not have the file at the meeting. They considered tabling it. Ed later used his laptop to allow them to review the plans. DRC Meeting of Tom, Ed, and Mike Long discussed it. The concern is the wall may be too big facing the other homeowners. Added pilasters, and planters to the plan. The size is large and the stone doesn't match the hillside, and it was tentatively approved, but the type of stone has not been determined. Guidelines say the stone should match the house. Consider suggesting a two tier structure rather than a 8 ft wall to break it up. Ed asked how it would look to homeowners across the street when they open their door to an 8ft wall. Variance to go past the slope. Approved Chris, Ed, Tom, Dave. Scott voted no.

July 4th logistics and street closing similar to last year, not to exceed 10% increase. Approved unanimously. Scott said the July 4th closing is the Bruno legacy. Kathy did a lot of work.

Landscape proposals:

Approved unanimously. Details not discussed.

Tom expressed concerns that the slopes are not handled, while pretty plants are placed in key areas. He asked Rodi what the issue is? Rodi said maintenance would be higher to maintain it the way Lennar planted it. Tom said that it is a perception problem of the homeowners. Tom said the cost may be too high to maintain it the way Lennar planted it to sell homes. Tom asked Rodi if it would cost twice as much to maintain it the way Lennar planted it. Rodi said yes. Quinsey said they are making improvements, but they don't have the budget for slopes. Quinsey said there remain water pressure issues on Ocotillo. A homeowner interjected about the landscape. Then another homeowner said that the HOA managed to kill Coyote Bush promptly. He said to Rodi (TVRI), that his crew cut nearly everything to the ground when they cleared brush. One of the directors asked why. Rodi said they clear brush for fire hazards. Homeowner said that they aren't supposed to cut the ornamentals. Tom closed the discussion from homeowners.

Homeowner Correspondence: The issue has been covered.

Homeowner Correspondence: Nothing discussed

Homeowner Correspondence: Open Meetings Act. The vote to send a letter was not a violation of the Act. The letter was written previously in open session.

Boardmember Requests

Ed: Large number of homeowners are starting construction without submitting anything. Suggest letter explaining reasons for submittals, even if painting something the same color. Want to avoid homeowners installing something prohibited because someone else installed something similar. Going to spend 90% of time chasing 10% of homeowners. Ed suggested that directors review the letter and work on another draft so that it is worded well. Tom will work on the next draft.

Ed had mapping or to identify fences abutting HOA landscape. It will be used for reference when discussing maintenance. Ed sought clarification from Dave about which fences the HOA is maintaining vs the homeowner. Scott said it is the HOA responsibility or not. Ed suggests that perhaps the HOA should maintain some homeowner fences. Scott is still trying to determine which fences the HOA is responsible for vs homeowner. Several examples were discussed. Ed asked about the street going to Whissel. On the left, who manages the little strip of landscape? Scott said the fence belongs to the homeowner on the left, he believe they are responsible for the landscape strip too, but they will check. Ford said clarification on fences may be done by checking title reports. Scott said the HOA doesn't have the authority to paint a homeowner's fence. Ed suggested his tool might help them determine who is responsible for slopes.

124 patio covers

114 compliant

7 issues e.g. approved by prior boards

Solid roofs were approved when they should not have been.

An example of an issue. Homeowner installed a non-compliant patio cover, violation not found by HOA, then the home was sold.

Found a new one that was never approved.

There is an open violation <redacted>.

There is one solid cover roof Ed could find no record of a submission. Imagery used came from the survey footage and Google Earth.

Next Meeting Scheduled June 20, 5:30 pm Executive Session, and 6:30 pm Open Session.