Personal Notes, HOA Meeting 09-15-2022

HOA Meeting Notes 09-15-2022 2:30pm

Meeting conducted via teleconference (WebEx)

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

Directors Absent: Scott Kiefner

FirstService Residential

Nadine Bell - Community Manager

Jordan Caccamise – Regional Director

COMMITTEE UPDATE & INVITED GUESTS

Budget increase, events for the year. 

REPORTS

Work Order Report

Landscape Walkthrough/Punchlist

Storm Water Inspection Reports

-report on file for review

Building Resource Management

Increase to $56.77 Approved unanimously, Chris didn’t respond initially, unclear if he voted.

HOMEOWNER FORUM

Homeowner #1

Is street sweeping done by HOA or City? Response: City

Do you know the schedule?  Ed says there is a sign at the bottom of the hill.  Thursdays.  Check further.  Trash cans left in the street interfere with street sweeping.

When will work for the retaining wall on Dracena/Claret begin?  Can they trim in the meantime?  Plants growing into her fence.  Nadine—we just got two bids today so the board won’t deal with it today. 

Metal rebar is still sticking up, the area looks bad, can something be done?  Ed said that they should be able to keep the sidewalk clear, and that it is their responsibility.

Homeowner #2

She sent a letter with questions:

Fees were raised and she requested an itemized list.  We need to know how it is itemized.  Nadine:  I can send an itemized budget.  Dave asked if they can send a comparison with last year.  Nadine said yes.

Homeowners complain about not being able to attend.  Can we change the time of the meetings for people with careers?  Tom: Any time you change the meeting there are people that have issues.  Tom said that he can’t do evening meetings.  We’re doing the best we can for everyone.  The rumors aren’t true that we are discouraging attendance.  Scott has resigned.  There are only four of us on the board.  Be patient with us.  Maybe we will alternate.

We can’t see what board members are present if their video is not running during the videoconference meeting.  Tom:  There are no perfect answers.  They are willing to entertain,,, Let us know if anyone wants to volunteer for the board.

Lawsuits:  Who won? Who lost? What did it cost?  Tom, asked Nadine if we got it out.  Apparently he was referring to a disclosure.  Nadine said there was some breakdown.  Jordan said they will check with Epsten <law firm>.  Chris said they are switching legal firms.  We’ll get you the information about the budget.  Tried to minimize the budget.  Not trying to hide anything. 

Why weren’t we told about the closure of the cases?  Chris said we had some concerns about our legal counsel.  Two suits have been filed and are active against the HOA. 

Will we know by next month?  Nadine said they would.

Homeowner #3

Finance packet is missing pages.  Some pages are numbered so it is apparent that pages are missing.  Other homeowners reported the same.  The HOA should fix it and resend it.  It costs $2.50 per home, and the HOA shouldn’t have to pay for the expense.  The management company should pay it.

The financial summary says virtually nothing.  We used to get line item reports.  We want to know where our money is going.  For example, utilities are lumped in one number.

RE: Ballo litigation.  She said she’s an attorney.  She has most of the publicly available case information.  We sued them.  The judge allowed the case to go forward.

There was probably some discovery, written questions, documents, statement under oath,

trial on paper, summary judgement.  Ballos won on summary judgement.  Prevailing party can collect costs.  Our CC&Rs provide attorney fees for homeowners who sue and win against the HOA.  Cost Bill—would include motion for attorney fees.  Can’t find that.  Ballos can walk away or settle it.  On 4/21/22 they filed a satisfaction of judgement.  In April, I asked at the meeting what we paid the Ballos and our own attorney fees.  It is very expensive.  When I asked, Scott said that he didn’t remember, but they would draft a letter.  He might not have remembered what we paid our attorney, but the board would have had to have approved payment to the Ballos.  I don’t believe that they don’t remember.  It is being hidden and concealed. 

To Homeowner #2’s point, if they were resolved at the beginning of the year why are we waiting?  You spent our money.  Thank goodness you are getting rid of Bill <attorney> who caused us to spend money.  Does anyone know what we spent?

Jordan:  HOA is not trying to conceal information.

Chris:  We need to give the information.  I don’t know.  Lennar, settled for $315k for repairs to the community.  It provides money to attorneys and to fix items in the community.

Thanks for the information and your time

Homeowner #4

Irrigation is still not operating on either side of our lot.

Recall folks removed the prior board and you kicked everyone off of some committees, including the Design Review Committee.  You got rid of people that knew the rules and did the work, and to this day you suffer the consequences.

Tom Wright responded saying the homeowner is lying about the recall. <Timeline Recall & Committees pdf>  The homeowner asked if he wanted specific names, then he said Dave Quinsey distributed flyers <recall flyer pdf> for the recall.

Chris Andre asked the homeowner how long ago it happened. The homeowner responded “Years.” Chris asked the homeowner if he had a lawsuit.  The homeowner responded that he was not there to talk about the lawsuit and it had nothing to do with who’s on the committee.  Chris said the homeowner’s attorney should be speaking for him.

The homeowner asked if the board or FirstService was responsible for the last minute cancellation announcement of the last meeting.  Nadine said she was responsible and it wouldn’t happen again.

The homeowner said secrecy of the HOA is a problem.  He said the lawsuit expenses and vague budget were already discussed so he wouldn’t repeat.  He cautioned FirstService not to participate in secrecy that violates the Open Meetings Act.  He mentioned that they must have a license, and they risk the HOA suing their company.  He said the HOA recently had an Executive Session meeting with Ian and Nadine of FirstService in attendance.  They discussed topics that appeared appropriate for an Open Session.  A topic called “Legal Item,” was Lennar had informed the board that the undeveloped lots are in escrow.  Another topic called “Legal Item,” was simply the extension of a deadline for a homeowner installing a spa.  Also, in Executive Session they had discussed increasing security patrol’s hours/duties.  Though they have also done that in Open Session at times.  The homeowner said that he got that information from the minutes of the April 7, 2022, Executive Session Board minutes that were posted on the FirstService website.  Jordan Caccamise jumped in and said they have a Board of Directors that represents the community and we should move on to the next person.  Homeowners #2 said that she was on the site and the minutes were in fact there.  She said that it appeared to risk liability because the minutes included a hearing where a homeowner was fined.

Homeowner asked what the process would be for replacing Director Kiefner.  They responded that it is explained in the Governing Documents <i.e. the board will pick the replacement>.  He asked how homeowners would know to volunteer.  They said that they would announce it.

Homeowner #5

Request meeting not be in the afternoon when parents are picking up kids.  Electronic connections aren’t good enough to attend meetings while driving.

RE Lennar disclosure:  Will it show the reason that our reserves are so high.  Excess funds were paid by homeowners early in the development.  Chris: We need some legal advice.  Chris said that Lennar sold off the last lots.  Streets are getting turned over to the City.

Homeowners said she has no expectation that she’ll see a check, but wants an accounting.

RE: Finance Committee:  I’ve been on the Committee for years.  Have we been kicked off the committees? Canceled during covid? Do you want our help?  Tom:  We are always looking for members to be in committees and the board.  You used to be on a bunch of committees.  It is our biggest problem. 

Do we have a committee?  Chris:  It may have been missed.  The most active committee is the Social Committee. 

Homeowner echoed the need to change the time of meetings, and said she wanted to know how Scott would be replaced, but will check the by-laws

Homeowner #6

Thanks Kim, Melissa, and Mike:  A later time for meetings is better.

Homewoner #7

He’s interested in volunteering for the board.  Hasn’t gotten the CC&Rs, though he said he paid about $900.  Nadine and a director said it should have been included with escrow, though Nadine can send it.

Chris said we used to have a welcome committee and maybe we should reactivate it now that COVID has diminished.

Homeowner said that the approved paint colors and other information is not available on the website.

END HOMEOWNER FORUM

Dave Quinsey introduced something that was approved.  <Audio was too poor to understand>

Tree Trimming Proposal/s Update

It was tabled at the last meeting when Ed asked for tree maps.  Nadine said the she has not received them.  Chris said inconsistent timelines and tree maps between proposals didn’t allow comparison.  Ed asked if they had any information.  Nadine sent back one set because they included NorthStar.  The issue was tabled.

O’Connell Pump Motor Replacement, controllers J&K Bella Vista, $2846.  Ed said he hasn’t seen it, and it doesn’t appear in his packet.  Nadine said she’d send him page 50.

Approved unanimously.

O’Connell Common Area Mulch Installation

Ed asked what area that covered, everywhere?

1” layer to focal areas. $1300

Approved

Homeowner Correspondence

Homeowner on Calico, concerned about slope next to his home.  Nadine recommended that the board have it inspected.  Ed said reportedly it is eroding the homeowner’s yard.  Ed said this should be covered by funds from Lennar.  Ed will look at it with Lennar.

Chris Andre rapidly went through some of the budget.  At various times he was referring to the increase, the total, the total per unit, etc.  It was very difficult to transcribe and there appeared to be errors.  Do not rely on the information in the paragraph below, but wait for the promised itemized budget.

$272.58, $8.14 shared assessment.  Total:  Some money comes from shared amenity with NorthStar.

Reserve contributions:  lights, mailboxes, benches, retaining walls etc.  Per unit $26.19

Utilities:  Elec 8.3%  $1.56 per unit

Water $144k.  Water was not part

58.97 total utilities

Land maintenance 7.1% increase

Irrigation repairs

Landscape service, including contract $94.98 per unit.

Landscape enhancement:  $5.18 per unit,

Detention basin:  No increase

Landscape Extras:  combines with above

Land maintenance: $106.29

Common Area: Pest control, lighting repair

storm drain maintenance increased $6000, $3.59 per unit.

Patrol Service:  Security First $21 per unit price.  Intermittent patrol.  Dedicated Fri, Sat, Sun nights.  Dispatch number

Administration (large number of categories):  $58.24  increased %

$11.96 insurance

general counsel $14.35  (could change with lawsuits, again law firm changed.

Management (First Service) $14.30

Operating Contingency went down $3000

Delinquency monitoring

Chris said that the previous meeting notice was an error.  It was fixed.  We are volunteers.

Building Resource Management Notice of Increase.  Nadine noted that on page 65 of the board packet there was a Building Resource Management Notice of Increase.

Building Resource Management - Wire Fence Post Repairs.  Nadine noted that this was on page 67 of the board packet.

Illuminate - Holiday Lighting

Nadine said there are discounts if installed early.

$1729.75 with 15% discount in Nov/Dec

Higher discounts when installed earlier.

Ed said we need to consider when they should be turned on, and we should consider the limitations of the Governing Documents which allow them two weeks before and after the holidays.  Homeowner commented that she thinks those limitations apply to homeowners, not the HOA.

Approved at the above price, date of installation to be determined.

Homeowner commented that $90k seems high for general counsel (lawyer).  She manages other communities and their cost is usually $8k.  She asked if insurance is utilized?

The HOA clarified that the cost for general counsel is $36k, approximately the same amount as the cost of FirstService.

Adjourned 4:35 pm

Next meeting October 6. 

Dave Quinsey said that meeting in person would be less confusing.

Nadine said it might not happen in October.

Nadine said that Tom isn’t available in the evening.  She asked about moving it to 4pm to accommodate people transporting school aged kids.

The meeting date and time will be announced later.