Personal Notes, HOA Meeting 10-6-2022

HOA Meeting Notes 10-06-2022 3:00pm

Meeting conducted via teleconference (WebEx)

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

Directors Absent:

FirstService Residential

Nadine Bell - Community Manager

Jordan Caccamise cohost

Ian Navarro - Regional Director

Carrie Heieck new legal counsel

COMMITTEE UPDATE & INVITED GUESTS

Budget increase, events for the year. 

Looking for volunteers for committees.  Communication forthcoming

REPORTS

Work Order Report

Landscape Walkthrough/Punchlist

Storm Water Inspection Reports

-Annual certification by City

HOMEOWNER FORUM

Homeowner #1

What are you going to do about Executive minutes that were posted online?

What happened to the letter we were supposed to get about the budget and fee increase, and comparison of budgets?

Same question as last month.  The house slide suit completed months ago.  What did the community win or lose?

A notice has been drafted and will be sent if board approves it.  Except for the notes regarding executive session.  Lawsuits pending review,

The homeowner said that she thought she said a couple of weeks when the information disclosure was discussed at the last meeting.

HOA response: Chris said the budget and legal disclosures were drafted.

Homeowner:  Without the information we can’t have a discussion with you about the fee increase.  It isn’t fair.

HOA response:  Chris said they could use volunteers on the Management and Finance Committee.

Homeowner #2

You shouldn’t have to be on a committee to get the financial information.  At the last meeting a homeowner on the finance committee didn’t even know if the committee still exists.  At the last meeting you made a point that the purge of volunteers happened years ago, however, you never repaired the damage.  It’s a small community and you can’t afford to kick out people for personal reasons.

Newly planted shrubs & hydroseed are dead.

Agree with homeowner #1 that we should get a line item budget and the lawsuit information.  It was interesting at the last meeting you said that you thought the lawsuit disclosure had already been sent.  At the last meeting you said the HOA received $315,000 for repairs and attorneys.  Since I can’t find it in the budget, how can homeowners have any faith that the money is/was being handled correctly.  How do we know what happened to the money?

You just got our HOA sued because, according to the complaint, you failed to appropriately approve/deny homeowner plans.  Dave Quinsey pushed the board recall, in part, because he said landscape approvals were delayed.

The latest lawsuit states, “…one board member to pirate common area property with a fence move.”  To clarify, Chris Andre moved his fence over the slope easement.  Therefore, unless something has changed, the HOA is irrigating his property.  The CC&Rs prohibit homeowners from entering slope easements so he is violating the rules every time he sets foot there.  The board needs to address it.  You have created a legal mess by failing to deal with it.

Homeowner #3

Is there a date for installation of a retaining wall on Claret/Dracena? 

HOA Response.  There is no date.  Nadine said she forwarded the bids to Ed, but she is focusing on other business. 

The homeowner mentioned that rains will be coming. Will this wait until 2023?  Ed said, no.  He has to make an assessment.

Homeowner said there are still metal spikes by the mailbox.  It’s dangerous and it’s rusty, two inches from the sidewalk.  She said it’s not the only area she’s seen.  Whoever is supposed to be handling them has not done so.

END HOMEOWNER FORUM

CONSENT CALENDAR

Approval of Minutes September 2022

Financial Statement August 2022

Lien Authorization

Approved unanimously

UNFINISHED BUSINESS

Tree Trimming Proposal/s Update

Nadine:  Board requested proposals, maps, and plans.  Atlas will not provide, Harvest lowered the price.  Five on list, Nadine would like to reduce the number of proposals.

Ed is still awaiting the proposals that he looks to put on an Excel spreadsheet for comparison.  Ed said some trees need to be trimmed late in the year.

Nadine said that she will resend all of the proposals at once, versus the previous individual distributions.

NEW BUSINESS

Director Resignation

President Scott Kiefner resigned effective September 8, 2022.  Dave asked if a solicitation/information will be sent to homeowners.  Nadine said that it will be included with the other packet of information to be sent.

Ed asked about qualifications.  Nadine—they must be in good standing, but board should review bylaws.

Selection of Officers

Nadine said that seats will be reorganized given the director’s resignation. 

The board agreed to wait until the new director is chosen.  Chris said that Dave is the vice president, but now is the president.

Architectural Review/Variance Request

6000 Cala Lily variance request, pg 52 of board packet. 

Tom said #10 and #11 weren’t approved, are those the subject of the variance request?

Ed said a tree is being installed near the property line, the glass wall and the retaining wall.  The glass wall should not be attached to the common retaining wall.  How is that being addressed? 

Tom said he doesn’t see what is being requested.

Chris said issues are:

Glass wall touching HOA retaining wall

Patio cover distance to lot

Ed said he wants to get it resolved.  He said they approved the glass wall as long as it’s not touching, and they approved the patio cover.  He said one of the concerns was the overhang from the column.  Ed said the homeowner was hoping to resolve this last month.  Chris said originally the architect didn’t get the plans which caused a delay.

Chris told Nadine that it appears that the variance request wasn’t included in the board packet.  Ed said he should have caught it and apologizes.  Nadine then, during the meeting, forwarded the information via email to the board.

Ed then said the last two documents include the variance request.  Tom said it says the patio post is 6ft from the fence, which leaves open the question of the overhang.  Nadine then tried to contact the architect during the meeting.

Ed said they have to fight to have homeowners undo violations.

Tom said some homeowners want the letter of the law followed, while others want everyone to be able to do everything.

Architect denied the glass wall.  Ed said the wall isn’t supposed to be attached. 

Tom asked if the architect could approve it.  Chris said it was, and he saw the approval.  Tom said he doesn’t see it.  Chris said there are missing documents. 

Chris said that it was in an email to Ed on August 10th.  Ed said it’s hard to keep up with all of the email.  Ed, asked where is the retaining wall in relation to the glass wall?  He asked Tom if he can determine it.  Ed said that they need to see the overhang of the trellis.

Nadine said that the homeowner is requesting an approval providing they meet specified conditions.  Can they do a conditional approval?  Ed said that they don’t want to face forcing a homeowner to remove it.  Ed said they could approve it in the next few days.

Chris made motion to conditionally approve the variance with roof overhang not exceeding 5ft.  

Dave said they sent the plans, but they need to send a variance request.  Nadine said they did. 

Dave said he doesn’t understand how they have a variance request without a drawing.  Ed said he could mark up the document.  Nadine advised against marking up the document. 

Ed and Chris suggested that they meet with the homeowner.  Chris said he’s reluctant to go on another homeowner’s property.  Ed said writing is better anyway, but he said he is willing to meet.  Dave said the key is submitting complete plans.  Ed said the issue wasn’t caught.  Chris said it started when the packet wasn’t sent to the architect.  Ed said he’d mark up the document, and then approve it.  Dave says the majority of the board has to approve the variance.

Nadine recommends approving the variance with conditions, e.g. overhang no closer than 5 ft, glass wall not attached to HOA retaining wall.  Otherwise, they could set up a special meeting. 

O’Connell Contract Increase Notice

Nadine asked if the board had a chance to review it.  January 1, 2023, $20,531 monthly.

Ed asked if it was factored into the recent dues increase.  Nadine, said no, we got it last week.  Dave said a 6% increase sounds reasonable.

Approved unanimously.

O’Connell Triana Street Landscape Improvements

Nadine noted a sparse area around the bench.  $160 was proposed by vendor.

Approved unanimously

Illuminate - Holiday Lighting Installation Date

November 23, installation.  Ed asked if we control when lights are turned on.  Nadine said yes.

Approved unanimously

Homeowner Correspondence

Adjourned 4:11 pm

Next meeting November 3? or the following week?

Ed suggested that they look at the next two meetings.  Tom said they normally don’t have a December meeting.  Nadine—meetings generally first Thursday of the month.  Nadine is off work the previous week.

Next meeting, November 10, 3:00 pm

Special meeting for the variance to be announced.  It requires 4 days notice.  Special meeting November 13 for the variance. 

Adjourned for real 4:17 pm.