Personal Notes, HOA Meeting 06-08-2023

HOA Meeting Notes 06-08-2023 3:05pm

Meeting conducted via video conference (WebEx)

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

FirstService Residential

Nadine Bell - Community Manager

REPORTS

Management Reports

Work Order Report

Landscape Walkthrough/Punchlist

Storm Water Inspection Reports

They discussed that someone complained about a Juniper tree off Brockway Street. The issue regarding the tree was unclear e.g. location, HOA responsibility, the problem.

HOMEOWNER FORUM

Homeowner #1:

RE: Juniper off Brockway. Junipers are prohibited. If the tree is on HOA maintained property, then simply remove it. If it’s not HOA property, then no action is required.

Dave Quinsey has repeatedly had issues with WebEx. Will one of you directors please help him out? Do a call and ensure that he knows how to operate it. Make some note cards for anything that appears to be difficult for him. Otherwise perhaps he should attend the meeting at the in-person meeting site at the FirstService office.

At the last meeting homeowner #1 suggested that you simply follow the CC&Rs, which is an obligation anyway. Shockingly, David Samo said that security is the most important thing, even more important than landscape. Samo went so far as to say the landscape budget should be cut to fund security if necessary. He made those comments while the landscape is still a mess and you are in litigation over it.

You may fund security if you wish, but landscape maintenance is a requirement. We all signed the contracts agreeing to this.

Samo and all of us homeowners have other options, such as calling the Sheriff for security. We have no one else to contact for help with the landscape. Your fiduciary duty requirement is the landscape. Homeowners shouldn’t be self serving and try to get on the board for their own pet concerns.

Suggestion Box:

Homeowners can make suggestions via email or phone, as well as meetings. How would you ensure that comments, including anonymous comments are those of homeowners? Don’t you have enough drama without inviting more?

HOA response: Dave Samo responded that landscape and security can be funded at the same time. Homeowner #1 replied that Samo had said the landscape budget should be cut, if necessary, to fund security. He said that Samo made this comment while landscape is a mess. The homeowner said he supports security. Samo replied that the landscape looks good. Homeowner #1 replied, “Come to my house.”

Homeowner #2: In September she asked for results of litigation. The board told her it had to go through attorneys. She asked in December, now 9 months later no answer.

Duct tape letter H on the monument at the entrance. Nadine: The purchase of the replacement H was approved. It should be in fabrication and installed in the next couple of weeks. Nadine has asked for the tape H to be removed.

Homeowner #2 asked if the board approval is necessary. Nadine said proposals should be approved in open meetings.

Homeowner #2 said the community is owed answers regarding litigation.

Nadine said that the disclosure was sent, October 2020. She doesn’t know if they will send another disclosure.

Homeowner #2 said that that isn’t what we were told in December. We were told it was with the attorney. Did the board change their mind? Homeowner #2 was primarily concerned with the Lennar lawsuit.

Chris said to Nadine that he thought this was about ready. He thought the cases including Ballo’s was prepared for release. Nadine said she thought it was public knowledge and didn’t require disclosure. Chris said it included the amount. Chris said that it was 100% with the attorney, but there was some question of what should be included. He thought it was approved, but they’ll check. He thanked Homeowner #2.

Homeowner #2 said that she has sent email but got no response.

$315k Lennar settlement. It will address deficiencies from the punch list.

Homeowner #2 said that previously homeowners over paid dues. She asked the status of that money.

Chris: It was not part of the settlement. That money remains. A decision has not been made. He asked Nadine to take it up with counsel.

They asked Homeowner #1 if he had a comment. He said that we didn’t receive any information about the Ballo lawsuit. Chris referred it to Nadine as well.

END HOMEOWNER FORUM

CONSENT CALENDAR

Approval of Minutes April 2023

Financial Statements

Lien Authorizations

Approved without discussion

UNFINISHED BUSINESS

Security Hours Review & Discussion

Extend from 6 hours to 8, on Fri, Sat, & Sunday. Chris said they may be missing out on people hanging out at the trail head. Adjusting the start time to later.

$689 month increase. $3.30 per month per homeowner.

Approved unanimously

NEW BUSINESS

Inspector of Elections Proposals

HOA Election Professionals 2099.90 + $150 in person

The Ballot Box $2477 virtual, $2977 in person

The Secret Ballot $1990, though some expense such as postage was unclear. One adjourned meeting included.

There was discussion about costs of additional meetings when quorum wasn’t met. Dave Q, noted that there was never an election that met quorum the first time. Ed noted that sometimes quorum wasn’t met in two meetings. Chris said that the postage listed for the first two contractors is about $1000, which, if similar, would bump up the cost of The Secret Ballot.

The board discussed with Nadine her experience with each company. She said that she has not had any problems with any of them.

Unanimously approved, HOA Election Professionals.

4th of July Holiday Street Closure Patrol

2 guards at entry/exit $1272, Noon to midnight, July 4.

Approved unanimously.

Chris asked Nadine to send out the passes.

Acme Safety Supply Signage

Street signs, cones, & barriers

$2600

Approved unanimously

Building Resource Management Block Wall Adjustment

Change order for previously approved wall Claret/Dracena. Nadine said it is a big difference. Do you wish to move forward or hold back?

Ed said that he was disappointed that the price went up to $55k from $36K. He said that this is the first time he has seen the document. It seems to be a repair because the hill keeps coming down. They are a mess and hazard. Ed needs time to review. They may need to reconsider the other previous proposals.

Samo asked about the location: The area past the mailboxes on Claret going around to Dracena.

Issue tabled

4th of July Street Closure Permit $174. Last year it cost $160.

Unanimously approved.

O’Connell Common Area Slope Sevilla Street Landscape Modification:

By Calico coming up the hill. Slope adjacent to the first house <on left>. HOA common area.

Based off report by engineer that they met with. Ed asked, weren’t we going to send to legal. Nadine said they did. Nadine said that the homeowner will address their own area, this is the HOA area. $10 thousand and change per Ed. Ed asked what would happen if the homeowner addressed their property and the HOA didn’t perform this work. Chris said the homeowner needs to take care of their property first or the erosion will continue. Ed said counsel submitted findings to the homeowner after the engineer reviewed it.

Tabled.

O’Connell Common Area Mulch Installation

$1300, 20 cubic yards

Dave Q. asked if it is blown in mulch. Nadine said she didn’t know. Chris said it will be installed in the focal points of the community. Everbloom mulch. Chris said it is fine, ground, not big chunks.

Unanimously approved

O’Connell Common Area Tree Installation

2 purple leaf plum on Mirador to replace those installed by the developer, and one Holly Oak just off Mirador. $672.50

Unanimously approved.

Suggestion Box Discussion

Nadine has found them not very useful on two of her properties. Samo asked if they can send her mail. She said, yes.

Unanimously denied.

Member Correspondence

#1: Landscape scorched earth FMZ, look and feel. Chris suggested that O’Connell review the FMZ guidelines. He said it stands out as an eyesore. Dave Q. agreed that 5000 Sevilla area looks terrible. Chris said that O’Connell should review it and consider ways to improve it.

#2: <Note: Specific details are excluded because it seems apparent that part of the email that was discussed should not have been included in an open meeting.> There was discussion of regulations/rules regarding fire prevention. Ed said that the fire department has put the onus of enforcement of fire rules on the HOA. The issue will be reviewed.

Next Board Meeting July 13, 2023