Personal Notes, HOA Meeting 11-15-2022

HOA Meeting Notes 11-15-2022 3:00pm

Meeting conducted via teleconference (WebEx)

Started 3:03 pm

<Disclaimer: As usual, these are personal notes from an open meeting. It is sometimes difficult to hear and the discussion is frequently unclear. The board discusses items in a packet that is not available to the audience. There is no attempt to assign responsibility in most of the materials and comments. A contractor failing to take action might be doing so at the direction of the Board of Directors. For example, poor landscape may be negligence by a worker, but it may occur because the board fails to purchase the necessary materials or directs them to focus their work on limited areas. It is best to assume that there are unintentional errors and seek official sources for topics of interest.>

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

Directors Absent: Tom Wright

FirstService Residential

Nadine Bell - Community Manager

Committee Update

Nadine said they are reorganizing committees e.g. Design Review, Social, Landscape, Financial.

Dave said he’d be happy to have Amber on any committee that she wants.

REPORTS

Work Order Reports:

No discussion

Landscape Walkthrough/Punchlist:

Ed mentioned an irrigation leak, Nadine said it is Northstar. Yet Northstar had contacted Ed and Nadine. Ed wants to ensure that the communities/landscapers aren’t pointing fingers at each other while nothing gets done.

Chris said he noticed leaks at night. He asked for O’Connell to possibly check, because it seems that they are reactive when notified. Chris addressed 4G that was approved for the controllers, and he asked for status. <Note: 4G refers to the upgraded cellular protocol for the wirelessly connected controllers.>

Chris asked what their plan is to ensure it isn’t leaking. <Note: One of the features of wirelessly connected controllers is that they can detect leaks and notify the administrators.>

Chris said the HOA spent $144k on water.

Dave suggested a personal meeting with landscapers. Nadine said that she had a meeting scheduled for 9am November 21, where she will meet with landscapers, and directors may come along. They will meet on Calico Street. Two directors may attend without making a quorum for a meeting. Ed asked to be included on the notification in case he can attend. The meeting is the same time every month.

Storm Water Inspection Reports:

Chris: There are a bunch of recommendations for maintenance. Do we need quotes?

Nadine said they have one quote. Nadine sent a quote that she just received while they were speaking during the meeting. Chris opened the email and asked if there was a quote in it. Nadine said she didn’t know and was looking at them. She and Chris said they were seeing costs. She said she would get back with them, and Chris encouraged that.

Nadine told them what pages the items were on.

HOMEOWNER FORUM

Homeowner #1:

She said that she was not sure that irrigation controllers are giving information about water usage.

She asked about the resolution of the lawsuits email to membership. She asked the status of the disclosure. Nadine said that new counsel is revising. The homeowner asked, “Before the end of the year?” Chris says that they needed to get the detailed budget and volunteer solicitations, first. It is in draft form. There are things that don’t have to be disclosed. He said they are trying to do it the right way. They are not trying to hide anything as some people have said.

Homeowner #2

Homeowner thanked the board for including landscape topics in the agenda. He said he could meet with O’Connell.

Why don’t you simply post the agendas as soon as you get them, rather than having to cancel meetings? There are two directors that live about 100 yards from the bulletin board, and a 3rd that lives a block away. If you can’t get it together to post them, then I guess you should pay FirstService to do it, which is a shame.

He noted two additional Open Meetings Act violations, the most recent occurring since they hired new counsel. In both cases they had open meetings where they did not have Homeowner Forum.

Special Meetings

10-13-2022: Variance approval

08-31-2022: Approval of annual budget, where they increased rates 17.26%

Mulch installation is on the agenda. You need to apply it to large areas of bare ground, not just the ornamental areas within 10 ft of the road. He presented four photos about landscape. One photo shows exposed tree roots, bare ground, hydroseed failure, and erosion.

Another photo showed an irrigation equipment box with exposed wires, where the lid with water pooled in it is next to it. He said there are many more. It might explain some of the malfunctions given that landscapers claim that rat-chewed wires are much of the problem.

A photo showed a sprinkler blocked by vegetation including Sumac which is supposed to be trimmed to 24” per the fire marshal.

A photo showed large cactus laying on the ground, nearby bare ground, and erosion.

He noted that Design Review is on the agenda, and he said, they have controlled for years, yet they don’t have a handle on it.

He said, “Why don’t you read your board packet before the meeting so that you can identify issues.” It looks like you’re not doing anything e.g. Don’t notice missing materials such as plans and proposal costs until the meeting is in progress.

Chris responded to Homeowner #2 saying that he knows the homeowner has encountered leaks, and that the homeowner probably has an inventory of issues. He asked if the homeowner could provide the list. The homeowner said he wouldn’t commit to sending a list that is purported to be comprehensive. Chris said that even a bullet list of the top issues would be helpful. The homeowner said that he would send one email with the photos that he presented in the meeting, and a 2nd email with a list of landscape issues with examples <Landscape Issues pdf>. He reiterated that the list should not be considered comprehensive, and that the photos are examples, not every occurrence he observed.

END HOMEOWNER FORUM

CONSENT CALENDAR

Approval of Minutes October 2022

Financial Statement September 2022

Approved without discussion

UNFINISHED BUSINESS

Tree Trimming Proposal(s) Update

Nadine referred directors to a “great” spreadsheet created by Ed.

Five bids.

O’Connell would do their own repairs and had the lowest cost.

O’Connell $16,930 per year, $50,789 total <Note: 3 year?, though it doesn’t add up precisely.>

Atlas $20,563 per year, $61,690 total <Note: 3 year?, though it doesn’t add up precisely.>

Tree count included by all. Not all trees need to be trimmed each year.

Ed said he recommends O’Connell, the remaining three are much more expensive. He said he’d like estimates for 2023 & 2024.

Ed mentioned the work to be done on Claret, and is concerned that it might be too much work to assign to one contractor, i.e. If O’Connell were assigned the tree trimming and the wall on Claret.

Retaining wall, 16” or 18”, at the edge of the sidewalk. It is the same as installed as the other parts of the community. It is the Sky Ranch color.

$36,315 BRM, more builders than landscapers

$38,778 O’Connell. Architect said O’Connell is suitable. The architect can review the proposal for proper language and provisions, and a final inspection. That will be an additional cost.

It is a liability to leave the wall unaddressed, e.g. trip hazard. O’Connell would take care of any plants and irrigation destroyed because of the work. BRM would have to work with O’Connell.

Ed recommends O’Connell provided they update the quote with 2023 and 2024. Nadine asked if they should approve the first year as a “not to exceed” estimate. Chris said the estimate might have expired. Nadine said she shared the concern. Chris clarified that the 3rd year is a repeat of the first year work. Ed said they are holding back on providing the cost for 2023 and 2024.

Chris suggested updated estimates from the best three, through years 2025. A-plus, Atlas, O’Connell. Ed said that contractors have to update due to cost changes, Chris said he does deal with requests for such estimates. Ed said that the tree trimming needs to be done at the right time of the year. They want to get it done before the rainy season, the same applies to the retaining wall.

Petra Proposal

Nadine met them, but they still need to provide the estimate. Dave asked what they will do.

Nadine said, inspect and provide report on the slope. (Didn’t mention location). Ed said, this is the same corner property we were taking about. Nadine said, yes.

Approved unanimously.

Shared Use Area

Ed asked if there was a stalemate between us and Northstar. Nadine said it should be done by December 31. She suggested that a director be a liaison between Jeff and Sandra. She mentioned Ed. Ed said Jeff Barnes is no longer a President there. Ed would like to get a formula to use. Chris said costs 20412, 1334 per month. Nadine said those numbers are outdated. Chris said that she sent them and asked if she’d send a new one. Nadine did it during the meeting. She repeated a lament that she would prefer to be at her desk <Apparently she was working at another desk>. The new board at Northstar is contesting the agreement that was made by Scott (former president Sky Ranch HOA) and Richard Ford (former property manager Sky Ranch). Ed said that we won’t be able to use the building until this is resolved. (In-person meetings were usually held at the NorthStar clubhouse)

7 cost share items. The new one is still not correct. Chris said $1701 per month is the cost—i.e. Northstar will pay Sky Ranch. Nadine will send to accounting.

Ed asked if there was a dispute regarding the amount owed.

Going forward it will be billed at $1701 per month, detailed breakdown in the spreadsheet.

Dave said he didn’t get the email. Chris described the breakdown of the cost share to Dave.

Electricity, water, contract management, landscape, reserves etc.

Approved unanimously to be sent to Northstar pending a change to the spreadsheet of the $1701 per month for 2021, and going forward.

Nadine said the email to Dave keeps getting bounced back. Ed said that the file is large.

NEW BUSINESS

Merrill Lynch Recommendation

Renewal of CDs with Merrill Lynch

Chris abstained so they didn’t have enough directors to vote.

Chris addressed CD to bank of India, and asked if she has other recommendations.

Dave asked about yield.

Chris said she put the yields on the 2nd page.

Chris said she has provided more information in the past.

Tabled until December 8.

O’Connell Calico Street Slope Landscape Improvements

Nadine said they discussed it in Executive Session and doesn’t have a response yet, and she recommended it be tabled. Tabled.

O’Connell Oak Tree Removal

Oak tree impacting fence. 7120 Mariposa <Note: Across the street from this address>.

Dave asked north or south of Castilla?

Chris said the trunk is unclear in the photo.

Nadine then displayed a Google photo.

There was discussion about where the tree was.

Ed clarified that homeowner property goes to the curb, but the HOA maintains the property up to the fence.

Nadine said the trunk is getting wider and will damage the fence.

Chris asked if it can be relocated. Consensus—no.

Chris said the tree was planted too close to the fence. He said they might consider planting a Jacaranda as they did on Bella Vista.

Approved to remove tree and get estimate for replacement.

O’Connell Common Area Mulch Installation

20 cubic yards

Nadine said Flavio recommended. It looks better and helps plants. She said they are looking to do it in different places over time. She said it is in focal areas but agrees that it should be in more places. Similar to Bella Vista/Iris corner.

Approved unanimously.

Design Review Discussion

Ed showed a presentation that he put together years ago. He said they go over it (the issue) every time FirstService gets a new assistant. Questions arise about what to do when the architect denies a plan. He suggests everyone review it and if they see something that doesn’t work they should say it.

Chris says Lightfoot (architect) should take more ownership, and have specific timelines for their response. Ed said he was welcome to a timeline proposal. Ed asked about the deadline. Nadine said the HOA deadline is 60 days. If rejected, it goes to Nadine, then a letter to the homeowner notifying them of the rejection. Ed asked and Nadine clarified that the architect does not contact the homeowner. Nadine does.

There is Design Review Team at the HOA that is different from HOA.

Solar

Add to the approval paint conduit going up the house.

Nadine said location approval is necessary.

She gave an example of an installation that could be denied such as building a carport and putting the panels on top.

Ed said it has to be approved, they need to face south. <Note: It appears he meant anywhere on the roof.>

Ed said there is no need to send solar applications to the architect.

Aaron (Design Review) said that they haven’t developed automatic approval.

Nadine asked the directors if they had access to Smart Webs to review and vote on approvals. She said it streamlines the review process. The directors then asked for access.

Everything goes to architect except solar.

Chris suggested that they put the process on the agenda for the next meeting and have architects attend the December meeting

Chris said there should be a timeframe to respond. Chris said that the CC&Rs say plans are deemed denied if no response within 30 days. <Note: CC&Rs say they are deemed denied if not approved within 30 days.> DRC has 45 days to review submittals according to the Design Guidelines and is in conflict with the 30 days in the CC&Rs. Ed said it good that this has surfaced now.

They briefly discussed what is involved with modifying the Design Guidelines including a community 28 day review period.

Next Board Meeting, December 8, 3pm

Adjourn 4:55 pm