Personal Notes, HOA Meeting 08-16-2017

August 20, 2017 by Sky Ranch Santee

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

FirstService Residential, Richard Ford, Senior Community Manager

HOMEOWNER FORUM

Twenty-three days after sending an email the homeowner received a response that they couldn’t open it. “If I did that to my clients I would be fired.” Richard Ford said he’ll look into it.

What did you (Director Andre) rely on that gave you the authority to move your fence? Is there anything other than you wanted to? Andre said he is willing to help others move their fences. Did you tell petitioners that you were told you couldn’t move the fence? (jpg 09-17-2014 Fence move denial)

Homeowners are having conflicts. One has a restraining order. Property was damaged by another homeowner. It’s a result of HOA not enforcing the rules so homeowners take photos. Another person also brought it up at the recent Meet and Greet saying that the HOA should enforce violations so that homeowners don't have conflict with each other.

Circumstances changed, homeowner withdraws appeal request.

Bylaws should be changed to prohibit anyone with violations from sitting on the board or any committee. It is an inherent conflict of interest. It takes an amazingly entitled person to be a director or candidate for director and try to change the rules that govern their violations. When people don’t volunteer for committees or even attend meetings, how can anyone believe that they aren’t in it for selfish reasons?

Again, a Bella Vista resident said that they had permission to keep an RV for a period longer than 48 hrs. Richard Ford says, “…no exceptions to the storage times have ever been granted by our office during my tenure on this account. I would also assume that none were ever granted by our office before my time on the account either…” Has anyone on the board given anyone such permission? [HOA Response: All directors that responded indicated no.] Homeowners should consider the source when they hear these stories. <note: individual directors lack such authority>

FirstService Issues: Agenda not sent via email again. HOA response: Quinsey and other confirmed. Andre said that the agendas are posted at the park and sending them via email is not a requirement. Kiefner and Quinsey said that FirstService is expected to send the agenda’s via email. Kiefner said that the agendas are posted on the FirstService web site. Homeowner said that the agendas are not being posted on the web site regularly. (pdf Agendas posted)

It appears Richard Ford manages three communities. Ours should be easy to manage but it isn’t because of all the violators. Regardless, FirstService isn’t keeping up. Messages go unanswered, items aren’t placed on the agenda, the mailing for July 4 passes was botched, as was the election mailing. FirstService called about an issue already discussed with Mr. Ford. She said she was responding to 134 email. It seems that they stretch their resources too far. Enough is enough. FirstService isn’t working out.

Follow-up from previous meeting:

Why wasn’t my landscape modification plan reviewed within 30 days? HOA Reponse, Kiefner: Design Guidelines allows 45 days. Homeowner: CC&Rs control and plans are deemed denied after 30 days. HOA Response: DRC encouraged to review plans in a timely manner.

Why wasn’t my appeal on the agenda? HOA Response, Kiefner: Said he didn’t receive the appeal. Homeowner: Are you checking into why you didn’t receive it? Response: Yes

Why did one homeowner receive information about the election materials that the rest of us didn’t receive? HOA Response, Kiefner: That homeowner sent a question to FirstService and received an answer that included the new information about the election.

Triana resident said that he received 4 warning letters. The HOA letters lack detail. e.g. miscellaneous trash. Garage usage vs. parking in the garage. Construction for a year lead to the use of the garage. Difficult to address all at once. Letter was about play structure over 6 ft tall. Letter did not specify which play structure. These letters are sent anonymously. Board and fellow neighbors should take a stance on the Design Guidelines. They don’t reflect what homeowners want. Recommend relaxing certain provisions. Board, please consider your stance on the Design Guidelines. If letters continue there will be a legal request to find out who is reporting. Will file harassment charges. Give more detail in letters e.g. give example of trash. HOA response: Make request with specific changes you want to make to the Design Guidelines. RE: Play structure over 6ft, you need to comply. Won’t address legal.

Wenz said that the HOA is obligated to respond to complaints. Not allowed to divulge sources. Homeowner said that there are real violations, then there is this fluff stuff that stirs everyone up. HOA Response: Ford says contact information is included with letters (i.e. contact if questions). They do inspections and can’t be as detailed as you like. There may be a lag between the inspection and when the homeowner receives the letter. The violation may have been corrected by the time the homeowner received it.

Discussed it months ago. Some work has been done, but the HOA area that they were most concerned about is mostly dirt. Please let TVRI know that it has not been addressed. Cover it before it rains. Concerned it will be a muddy mess. HOA Response Kiefner: TVRI has acknowledged that it wasn’t completed and will address it.

END HOMEOWNER FORUM

Consent Calendar: Approved unanimously except won’t accept the insurance claim response.

NorthStar / Sky Ranch Cost Sharing: tabled

Committee Application

Melissa J. for Legal/Management Committee. Andre made a motion to deny. He said that she shared legal bills that were then put on public website, and she shared legally privileged information.

Wright motion to approve. He said we need people with legal knowledge as they review CC&Rs and Design Guidelines. We need to move forward not hold onto the past. Kiefner 2nd the motion to approve. Wenz said he needed more information. Quinsey said the committee is advisory and another legal opinion would be helpful.

Another homeowner interjected that he acquired the legal bills used on the website from FirstService i.e. the HOA. In fact, he paid for them. (pdf Legal bill transaction 2 emails)

Melissa said that she might have been slandered and asked for an opportunity to respond. She said that at the open meeting she supplied the information in a package that she gave to the board. She said that Andre discussed the legal opinion in public.

Wenz commented that he wasn’t previously aware of FirstService response re: legal bills.

Vote re: Melissa J. application for the committee: Yes: Kiefner, Quinsey, Wenz, Wright. Abstain: Andre

Kiefner: One of the trails is below Monticello. Pedestrian access is available. There is a request to block access. Quinsey said the language conflicts but mentioned the difficulty in changing CC&Rs. It would require an extensive fence to keep people out.

Social Committee letter. Unanimously approve for Quinsey to handle it.

Architectural item: topic pulled by homeowner

Design Guidelines <note: though it actually focused on CC&Rs>: Board would make decision, but community would have 30 days to review. Tonight a “discussion only” lead by Andre.

CC&Rs Garage and Parking: per Conditions of Approval two garage parking spaces are required. (pdf Excerpt City Resolution Condition of Approval) Andre recommends change to language to clarify. Kiefner said there has been no issue with homeowners parking in garages, driveway …

Fences: Andre: I moved fence. Other homeowners would like to move their fences. He discussed a previous proposal which included a 5ft relocation limit. He offered other suggestions for how far homeowners should be allowed to move their fences. Kiefner reminded of the previous discussions about the movement of fences which would allow fence movement of 5ft to get it out of view, but keep a consistent appearance. Wenz mentioned liability related to the retaining wall in some circumstances. Andre said it could save water. Wright said if the homeowner fails to maintain the slope and it fails the HOA faces liability. Wright said that all legal exposure would have to be moved to the homeowner.

Pets: Interpreting CC&Rs. Two dogs, two cats. Quinsey said that the CC&Rs state the board has some discretion. Kiefner says a variance can be requested and one has been granted. Kiefner says that the language seems clear.

Security Cameras at Entryway: Kiefner’s concern is privacy and access control re: plate readers. Is there a way to limit access to Sheriff? Ford mentioned a monthly fee. Quinsey asked if Sheriff will review. Kiefner says Sheriff says the cameras solve crimes. It is unclear how much time would be invested to review footage. Wenz suggested a possible process for addressing a camera proposal: This should be reviewed by legal committee, then determine what is needed, then get quote. Wright said a legal opinion costs money, not the quote. Wenz repeated, review by the legal committee, which he noted does not cost the HOA. Kiefner not concerned about getting it in the budget, but the safeguards. Andre said photos in public are legal, but City won’t allow the HOA to mount them on City property. Andre motion to get estimate and explore: Approved unanimously

Kiefner says he is pushing TVRI on landscape and they know the contract could be at risk. They have been responsive. Homeowners have expressed concerns that have been addressed, but more work needs to be done. Rain, weeds, confusion brush removal calendar led to issues.

Monument lights fixed. Andre credited for proper light color.

Social Committee: upcoming event, ice cream social then movie (Moana) in the park, all on the same day.

Homeowner request to have landscaper to complete work. Kiefner will discuss with TVRI

Homeowner asking if security is patrolling a specific area. Drug paraphernalia has been found at the Castilla overlook. Quinsey said that the reports indicate security has patrolled the area.

Homeowner issue. Lennar fixed sidewalk and caused drainage issue. Referred to legal

Homeowner request re: mailbox. Referred to Lennar

Homeowner request to discuss security cameras—already discussed.

Directors encouraged to read homeowner correspondence.

Next meeting is September 14 election in Lantern Crest, same location. Parking is tight. Room might be small, but the location is close, and it was the best option.

Personal Notes, HOA Meeting 7-18-2017

August 06, 2017 by Sky Ranch Santee

Personal Notes, HOA Meeting 07-18-2017

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

FirstService Residential, Richard Ford, Senior Community Manager

A homeowner confronted another homeowner who he said was video recording in the room without the knowledge of all the attendees. The homeowner told the person recording that it was a law violation. Reportedly, he turned off the camera. That incident took place at the pool table near the board of directors. Homeowners brought in a process server to serve other homeowners with notices to appear at hearings for restraining orders. A recipient of the service, your Notetaker, objected to visitors (i.e. non-homeowners) being allowed, but Kiefner said it was OK. Notetaker said that the board has a fiduciary duty to all homeowners and shouldn’t allow visitors to use the meeting to target homeowners. I speculate that the homeowners wanted to video record the service of documents on the homeowners.

In subsequent hearings at the East County Courthouse all petitions for restraining orders against your Notetaker were denied. However, a 5-year extendable restraining order was applied to one of the above referenced petitioners.

Restraining order lookup.

HOMEOWNER FORUM

Homeowner submitted landscape plans on June 4. At the June 20, HOA meeting he reminded the board of the submittal. No response as of July 6. Why? HOA Response: Kiefner said he was unaware but would check.

According to the CC&Rs, modification requests are deemed denied if the HOA fails to approve or disapprove within 30 days. The modification request was therefore deemed denied, and he submitted a request for appeal on July 6. That appeal is not on the agenda. Why? HOA Response: Kiefner said he was unaware but would check.

Two RVs were parked on Bella Vista beyond the allowed limit (jpg1 jpg2). There was a cord across the sidewalk leading to one of them.

Homeowners have accosted other homeowners. For example, one yelled profanity and raised a middle finger at a driver. The pair then went to another homeowner walking a dog. One of them got within inches of his face yelling profanity. Another homeowner on a different day went to a house and struck the door yelling profanity. As he left he vandalized a landscape light.

The RV and nuisance violations should be addressed by the HOA. The HOA’s failure to do adequate inspections for violations, and the failure to ensure compliance with Governing Documents, pits neighbor against neighbor.

Homeowner complained of excessive weeds. Homeowner saw landscaper throw Roundup on the bank. Are they using Roundup rather than pulling weeds?

Homeowner (Social Committee member?) created a Welcome Committee to greet new homeowners, answer questions. Created a letter of information for new homeowners.

When are streets being turned over? HOA Response: Don’t know.

Work on swales created puddles and caused cracking.

Will the board work on the issue of creating a place for postal workers to park when delivering mail?

Homeowners park in her driveway when picking up mail. They get defensive when approached. The current mailbox location was supposed to be temporary. People leave trash. She has been delayed leaving home because she had to wait on others picking up mail, as well as the postal workers make deliveries.

Can the community be informed of what HOA landscapers are supposed to do? e.g. Pull weeds vs. poison them. HOA Response: Don’t not know the specifics. Kiefner has spoken to the landscaper. Work seemed better before. They said the contract is confidential but they may provide specifics about what is supposed to be done.

When will we get financial statements? HOA Response: Sometime after September 30.

END HOMEOWNER FORUM

Consent calendar approved unanimously.

North Star and Sky Ranch cost sharing. Nothing to report.

Committee Applications:

S. Lavalle: Social/Welcome Committee. Approved unanimously <I think>

M. Johnson: Legal Financial Committee.

Kiefner motion; Wright motion to approve, Andre nay; Quinsey abstain; Wenz needs more information.

Tabled pending more information.

J. Applegate. Social/Welcome committee. Approved unanimously

M. Schumacher. Social/Welcome. Approved unanimously

T. Galvin. Social/Welcome <I think>, Approved unanimously

5577 Dracena: request to move tree. It is within her area of responsibility so HOA is not responsible for the maintenance. Other requirements still apply e.g. Submit plans to DRC

Social Committee Requests

Committee member asked for update on elections? When will it be held since ballots were sent without envelopes? The election mailing will have to be done again, but not at the expense of the HOA. Usual room may not be available. Date and location of election unknown.

Homeowner commented to the committee member that he would like to be in her information stream because he didn’t hear about the election being botched. Committee member denied knowing that the election materials were botched. Another homeowner said he heard her discuss it outside before the meeting started. Kiefner said he wasn’t aware. But the homeowner said that he heard it being discussed after the committee member got information from board member(s)

The homeowner who commented about the information flow said whether it is envelopes or total botch, all homeowners should get the same information at the same time. Kiefner said he was unaware but would check on it.

Lands Management Request for Fence: Brockton/Monticello. Their reasoning is unclear to the board so they will get clarification.

Social Committee requested clarification on letter for new homeowners e.g. 48 hr. loading limit.

Next meeting not scheduled.

HOA Meeting Notes, July 18, delayed

July 23, 2017 by Sky Ranch Santee

HOA meeting notes for July 18 are coming, but will be delayed.

Personal Notes, HOA meeting 06-20-2017

June 25, 2017 by Sky Ranch Santee

Personal Notes, HOA Meeting 06-20-2017

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

FirstService Residential (FS), Richard Ford, Senior Community Manager

FMZ brush clearing is supposed to be completed by June 15. It was discussed with Fire Marshal.

Replaced some cable rail on Sevilla.

HOMEOWNER FORUM

Committee formation regarding CC&Rs? HOA response: No, haven’t moved forward.

HOA attorney Bill Bud was hired for the limited purpose of potential litigation. Somehow he is now the attorney for all purposes. He seems to take the path of least resistance. The former attorney, Laura, focused on obligations and abiding by the CC&Rs. This attorney is telling you want you want to hear which may get the HOA into trouble. Letting people violate the rules seemed to be the philosophy. Recommend going back to Laura. She also charged $100 an hour less. One homeowner cost the HOA over $10k in legal fees.

HOA Response: Andre questioned the propriety of the use of the legal bills by former board member.

Homeowner says David Martin now parks two vehicles in the street which is believed to be preparation for storing an RV. An employee parks in his driveway. An employee parks every work day, and arrives and goes to lunch at a regular schedule. David Martin has called work there telecommuting. Non-compliant patio cover remains in place. A tree was planted too close to the lot line and remains there.

Chris Andre should be removed from the board if he remains in violation. Homeowner provided a packet about the issue to the board at the last meeting.

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Homeowner has redacted copies of some legal bills acquired (purchased) from the HOA, and can post them.

<Comment: The HOA redacted information such as names of homeowners from the attached HOA legal bills (pdf). Use caution when interpreting. “Fence” has been highlighted throughout the document as it has been a major topic of discussion. I’m told the HOA may have changed its position on informing the community about such information. This may be our only opportunity to see such documents. It shows how expensive small tasks and interactions can be.>

Homeowner reported irrigation running 11 hrs per day via the FS emergency phone number, posted it on Facebook, then contacted FS by email days later after no action was taken. Homeowner called FS when a large valve was running, but the emergency phone number routed to the billing dept. At the last meeting FS asked for the date and time of that call. Once provided with the information FS merely called the emergency #, then reported that it works. It was a waste of time for the homeowner to look up and supply the date and time.

At two previous meetings homeowner requested water records. The board didn’t discuss it. Homeowner then made a formal request for the records.

After months, FS still isn’t sending agenda via email, and perhaps they will never devote enough resources. Ford said his assistant sent the agenda. Homeowner and other attendees said they didn't receive it, and it has been brought up repeatedly at HOA meetings.

The comments are not just to improve the community. The director’s duties would be easier if they accepted suggestions. HOA should take care of landscape, enforce the rules, and perhaps hire a better management company. But, instead we will again hear about lighting the monument and rule changes.

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Homeowner says that there have been many weeds. She spoke to the landscaper about it. Bank behind her house looks bad. Plants are dead. HOA response: Scott said he is contacting the general manager. Wenz and Quinsey said that they (landscapers) might not be properly managed. Dave, the manager, left. Kiefner said they will put the job out to bid for another vendor if necessary. Homeowner said there is an area that isn’t being watered. Half of an area is dead. The bank is on/near Monticello.

Social Committee:

Propose welcome committee. HOA Response: Kiefner said to make a proposal to the board.

Egg Hunt, Tacos in Park, Fall Festival, are the events that the HOA funds. Then perhaps two events that will not cost HOA money. Will submit forms to add additional members to the Social Committee.

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Thanks for fixing a tree and bringing up the litter issue.

Was going to talk about landscape, but it has already been discussed.

Homeowner asked a question about the election process. HOA Response: There are seven candidates for five seats.

Bylaws for qualifications suggests there must be a vetting process. How are candidates weeded out if they don’t meet the qualifications? HOA Response: Ford said there are few restrictions. Candidates don’t even have to live in the community. Ford ran some items from candidate applications past legal. All candidates met the qualifications. Write-in candidates are still an option.

END HOMEOWNER FORUM

Consent calendar: Approval of minutes; April 2017 financial statement; Lien action.

Andre said the lien might be for a new homeowner who is unaware. Ford recommends following the delinquency policy. He said he can confirm the address. Approved by all except Kiefner who abstained because he was not at the last meeting to vote regarding the minutes.

CC&R amendment. Kiefner said that there is nothing to discuss. Too late to do anything for the next meeting. Andre discussed further action. Issue tabled. <Comment: I’m unsure of the votes. Check official minutes when available: https://www.fsresidential.com/california/home >

Cost sharing budget still being discussed between Northstar and Sky Ranch, via Ford.

Lighting proposal

New estimate incandescent retrofit to LED $2325. Contractor willing to provide one to demonstrate color.

2700k color. Includes cleaning fixtures. Unanimously approved.

Security cameras: The HOA doesn’t have cameras but there had been a proposal to put up a sign warning of camera surveillance since homeowners have many security cameras. Propose referring the issue to the HOA lawyer. Approved unanimously

Annual Budget preparation. Thanked Quinsey and volunteers Mahoney & Horn-Phillips.

Fines aren’t income. Water budget reduced by 12%, but we have actually used was even less water. Reserve $4100 per month. Doubled budget of Social Committee. Homeowner assessment $197.

Unanimously approved budget.

Board Replies to Homeowner Correspondence

No details provided to audience. Board referred to their packet.

Homeowner Correspondence (two)—incoming, i.e. letters to HOA.

No details provided to audience. Board referred to their packet.

Landscape Addition Proposal

Board referred to their packet. No information provided to audience. Said something about the proposal requests money for something that the HOA already pays for, but is/are being characterized as enhancements in the proposal.

Next meeting 1st choice July 26, July 18 the 2nd choice.

August 16 Annual Meeting.

Personal Notes, HOA meeting 5/17/2017, Sky Ranch Community Association

May 21, 2017 by Sky Ranch Santee

Personal Notes, HOA Meeting 05-17-2017

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

Absent: President Scott Kiefner

FirstService Residential, Richard Ford, Senior Community Manager

Ford ran the meeting in Kiefner’s absence.

HOMEOWNER FORUM

Homeowner supplied a packet to the board and a more limited packet to the audience regarding Director Andre’s house.

Initially, the fence relocation was approved. Subsequently, August 2013, the HOA attorney said that the fence move was prohibited and the approval (variance) was rescinded by the HOA.

Andre then resubmitted a variance request in July 2014 to relocate the fence. The request went before the board in July and September 2014. The variance was not approved. A few days after the HOA board of directors was recalled he moved the fence anyway, Sept 2014.

Homeowner read CC&R provisions which prohibit the movement of the fences, as well as sections regarding slope easements, specifically the HOA’s right and duty to maintain the slope easements as well the prohibition of owners, their invitees etc. of entering or using slope easement areas.

Bylaws (pdf) allow the board to remove a director who “Fails to comply with a duly approved action of the board;” or “Fails to comply with the Association’s governing documents after receiving proper notice and a hearing on the matter at which the Board determines that a violation exists.”

Andre doesn't care about the CC&Rs and is now trying to modify rules, and form a committee to change the CC&Rs. Request that vacating Andre’s seat be put on the agenda. If not, will seek the signatures required to call a special meeting, and ten signatures will not be difficult to obtain.

Request to be on the committee to change the CC&Rs.

Ford said that email sent to him for the board become agenda items for the executive or open sessions. When questioned, he said it would not simply fall under a single general category of homeowner correspondence.

Our email did not become agenda items previously. Director Wright responded to the effect, “That’s why we have Mr. Ford.”

Since they haven’t removed Director Andre, but instead allowed him try to modify rules to remedy his violation, the board might do the same for Director Wenz.

It was difficult to believe that the board discussed spending money ($35,000 pump) to maintain the property on Graves, across from the apartments. Meanwhile board wouldn't even discuss the maintenance of Lot L, which the City says the HOA is responsible for, and TVRI has agreed to do it at no cost. Given the condition of some of the slopes this HOA should not be looking to spend money beyond its borders. Make better use of time e.g. work with the City on permit parking to deal with Northstar condo residents storing vehicles (jpg) on Calico St.

The RV issues continue. At times one on Cala Lily has been double parked day (jpg) and night (jpg).

Very large play structures have been installed despite the 8ft height limitation. The endless variances without reasons stipulated in the CC&Rs, and lack of enforcement, has led to confusion and uneven treatment of homeowners.

Did you bring the water bills as requested at the last meeting? Ford said that he did not but will supply them if requested via email. Ford also agreed to look into the issues with the FirstService emergency phone number if the homeowner supplies date and time.

END HOMEOWNER FORUM

Proposed bylaws & CC&R amendments. Need 75% voter approval.

Staggered elections don't need 75% per previous attorney. Wright said it was reviewed by the current attorney.

Lighting proposal: checking to see if warm color lights can be added to the existing fixtures.

Security Cameras: put up signs. Tabled the issue.

Draft Annual Operating Budget Preparation--Excel spreadsheet is locked. Will be fixed.

Homeowner correspondence

Landscapers check for trash once per month

Request that courtesy patrol check more secluded areas and more often

Move fence (jpg) closer to Mariposa to prevent cars from being parked on Morella.

Install parking and littering sign near that area.

Install security signs near that area.

Signs regarding the area being closed

Add cameras <or signs> that there are cameras in park area. <note: notes are rough here, might not have it correct>

HOA Response, which will be sent to homeowner:

TVRI says they do an assessment on Mondays, but it may impact the contract if we have them do more.

Morella belongs to Lennar. A request to move the fence can be made to Lennar.

Security patrol increase would require a modification to the contract. They don't check each spot on each round.

Request to Lennar for no parking sign.

Area under surveillance sign--no, not our property

Response approved unanimously

Homeowner requests removal of tree.

Request more information from the homeowner.

Will have TVRI look at the tree.

Response approved unanimously.

June and July meeting date changes because Northstar is using the room. Ford will submit dates to directors.

End of Drought Lawn Enforcement Article. It came in too late for newsletter. It will be added to the next newsletter. Unanimously approved.

Morella Street Intersection Fence Replacement Proposal

$1750 to repair damage

Unanimously approved.

Personal Notes, HOA meeting 4/13/2017, Sky Ranch Community Association

April 15, 2017 by Sky Ranch Santee

Personal Notes, HOA Meeting 04-13-2017

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

Absent: Ed Wenz

FirstService Residential, Richard Ford, Senior Community Manager

Work order: Sidewalk not HOA responsibility

Wright asked if rebar sticking out of straw waddle had been addressed. Yes, by the curb, not by ditch. Referred for work.

HOMEOWNER FORUM

KOA Sky Ranch, RV’s parked beyond 48hr limit: Ocotillo, bus-sized RV with slide-outs extended, possibly occupied, electrical connections across sidewalk. Repeated violation on Bella Vista, RV in street beyond allowed limit, and commercially signed vehicle. FirstService inspection once per month is insufficient as directors turn a blind eye.

Pitfalls of attorney running an HOA. They make money off conflict. HOA has needless conflict. Executive session agenda “legal item,” litigation, etc. despite minimal enforcement. Rarely agenda items such as contract negotiation or personnel. HOA attorney now spending time and money researching documents for Lot L, because HOA wouldn’t discuss.

Open Session Agenda item repeated "Architectural Modification Status." To decode, the HOA lost track of notices of completion. In other words, lost track of files regarding which homeowners completed their landscape. Landscape must be installed within one year of moving into new homes. They all should have been done years ago but the board can't enforce what they don't track. Had the board not been so heavy handed after the recall of the prior board they might have gotten cooperation. Instead, they immediately kicked all of the former board members off the committees. It shouldn't be surprising that the transition failed, enforcement lacks, and design review doesn't appear fair.

Meanwhile the board focuses their efforts on changing rules to lower standards and ensure their re-election rather than enforcing the rules and taking care of the landscape--the basics. Notified FirstService of a valve leak including a photo. Ten days later the leak remained. Called the emergency line to notify FirstService of a large irrigation line with sprinkler heads running 11 hours per day. Wasn't given any information or told that someone would call. Later discovered a voice message. "Hi Mike Sherry from First Service I'm just calling and responding to your emergency page." No call back number or information was given. Irrigation issue continued for days. Request to see prior and March water bills at the next meeting. FirstService again failed to send agendas via email or post them on the FirstService site. They haven’t posted committee minutes since July. These are the types of issues the board should work on, not changing rules.

Homeowner picks up a lot of litter. Some seems to follow trash collection. Litter up on Morella every weekend. Evidence that there is drinking up there near the bench where the fence blocks the road. Friday, Saturday, Sunday morning there is usually trash at Morella. Typically, convenience food type of trash. Usually doesn't happen during the work week. It also occurs on Ocotillo. Often it looks like it was deposited over the fence. The trash on Morella is 10ft from a trash can. It trashes the neighborhood and is upsetting. Quinsey suggested putting a note in the newsletter suggesting that homeowners carry bags to pick up trash as they walk. Landscapers will be reminded of their responsibility to pick up trash.

Tree across from house is leaning. Reported it to FirstService. Quinsey said he believes it grew that way, can’t be corrected. Homeowner requested that it be trimmed.

END HOMEOWNER FORUM

CC&R Amendment

Last month decided not to work on it this year.

Bylaw Amendment

Variances & Ending Cummulative voting. 75% approval required. Drop the issue for now.

<Note—Previous meeting, Ford said in his opinion it is not a majority as the board had believed, rather 75%, though he will present it to the attorney for an opinion.—Assume the attorney told them 75% required though this wasn’t stated in the meeting.>

Move forward with staggered election and insurance provision. Send to attorney to review particularly regarding election threshold required for passage.

Monument Lighting Proposal

Similar to existing lighting--$1895

LED three times as much. <Price not stated for audience.>

BRM Proposal: $2325

Andre will check with BRM to see if warm white LED is available.

Northstar & Sky Ranch cost sharing. Ford still researching. Need to schedule meeting including a director or two.

Design Guidelines Revision tabled in absence of Wenz. Directors had an opportunity to make submissions for revision.

Architectural Submission Review Service. Ford recommended Lightfoot Planning. Ford found them to be hands-on, and had good experience with complicated situations. Board wants to meet with them because prior reviewers were a "train wreck," for example, approving things that shouldn't have been approved.

Reserve Study

Need a level three $500 review, site visit not required.

4th of July Logistics - Closing Sevilla Street. Get estimate for Ford to oversee it. $100 per hour plus mileage. Capped at 5 hours.

Graves Street Landscaping

Andre suggests improvement of Graves Street landscaping to increase property values. Need a pump that costs $35,000 to allow irrigation. He suggests cost sharing. Quinsey and Kiefner said we can't pay to irrigate City property. Unclear why some areas are landscaped well on Graves while others look bad. Will review further.

Security Camera

Andre suggested installing a camera at the entrance. City suggested methods other than installing a gate, a camera being an option. Wright & Quinsey opposed. What can you do with the information? Andre says it is a deterrence and it may assist the Sheriff. Kiefner not convinced it will deter. Kiefner said it might help but it might not be worth the cost. Kiefner says a license plate reader would be an invasion of privacy that he would oppose. Andre said the sign regarding cameras would be a deterrent. Kiefner said post a sign saying cameras in use, after all many homeowners have cameras.

Formation of CC&R Review Committee

This idea was presented to deal with lack of unanimous consent by the directors. Wright says he is working on other things and other homeowners could work on it. Quinsey said it seems unlikely to get 75% approval. Kiefner says adding more people will not increase consensus. Andre says adding more voices from the community would help. Kiefner says he and Quinsey talk to homeowners. Kiefner questioned whether another committee would speak better for the community than the board. Andre said they would go door to door. Kiefner said it could be manipulated. Wright sees no problem with the committee, it could be like a landscape committee. Kiefner said that they spent a lot of time on it and the five board members didn't reach consensus. Andre said a committee could do a survey. Quinsey says getting 50% of homeowners to vote is difficult, much less 75%. Quinsey said they've never had 75% of the people vote, much less vote for approval. Andre said that people didn't think the recall of the board could be done. Kiefner thinks it may be a disservice to get people worked up.

Andre motion to form a CC&R Bylaw Committee, Wright & Andre in favor, Quinsey & Kiefner opposed. Andre invited to bring a more structured proposal e.g. process for voting on committee members.

Annual Budget Preparation: Ford will supply a spreadsheet for directors to edit.

Bank Account Balance Limit: Ford said there is a "Quite a portfolio of accounts," and some have approached FDIC limits. Ford recommends more active management by Meryl Lynch. Quinsey asked about fees. There is an account for which a decision is necessary tonight. Wright asked for additional information. Voted to move money from an account reaching $250,000 limit.

Next meeting May 17th, Wright will be late because of other commitments. Instructed Ford to email and post agenda on website.

Personal Notes, HOA meeting 3/16/2017, Sky Ranch Community Association

March 17, 2017 by Sky Ranch Santee

Personal Notes, HOA Meeting 03-16-2017

Preface: The notes are limited to what can be heard and understood at an open session. Documents and exhibits are not shown to audience members, and discussions sometimes include frequent references to these documents, including maps. Abbreviations or internal jargon are sometimes used. Sometimes it is difficult to hear. The note taker’s comprehension and attention span aren’t always optimal. Corrections or additions are welcomed.

Present:

President Kiefner
Directors: Andre, Quinsey, Wenz, Wright

FirstService Residential: Richard Ford, Senior Community Manager

Ford was introduced as a new manager. Business cards were provided.

Referred to reports:
Seal
Fence painting proposal--on agenda
Street Light: Kiefner commented that they belong to Lennar and City

HOMEOWNER FORUM

HOA attorney Laura was $120 cheaper and told the board the law. Bud, the current lawyer, is more expensive and tells the board what they want to hear.

No Outlet sign placement: Request they be put on the big hill only, not all over the community.

Have heard from at least two people outside the development that the community used to look nice, but is now looking shoddy at times. We have been referred to as KOA Sky Ranch.

There has been a large RV with a cord across the sidewalk on Sevilla. Also, on Sevilla <5000 block> is a house with a front lot that is mostly dirt and weeds and reflects poorly on the community.

People don’t follow the rules because they don’t have to because you don’t enforce them. If necessary the board must impose fines and follow up with lawsuits to collect if necessary. Even small claims.

Rebar sticking up from straw wattle <erosion control> might hurt someone. Reminded Quinsey that he had discussed it long ago. Quinsey commented that they fixed it in another area. Kiefner asked for the location. Mirador.

Andre will likely again be arguing for a self-interested change in the CC&Rs to allow the relocation of fences. He should be recused from the topic. He moved his fence in violation of the CC&Rs despite the advice of HOA counsel. Since he moved his fence more than 5 feet it’s doubtful that he will accept a 5ft limit to fence relocation as he would have to move his fence if the HOA ever enforced the CC&Rs.

What is the process and who approves the storage of trailers in the community. For example, “If I want to park a trailer in the street for three days?” Kiefner responded, he doesn't think there is any method to request such permission, will have to check. Homeowner told him to disregard, as there is no such authority for the board.

With minimal time to speak there is no time to be diplomatic. FirstService isn't up to it.
They frequently don't acknowledge or respond to email. FirstService and these meetings are homeowners only line of communication with the board.
This agenda wasn't posted to the First Service site and DRC minutes haven't been posted since July. Communication is a basic. A tree was down for a month despite having reported it to FirstService promptly. Then went to the board meeting with photos and the tree remained down approximately a week longer. Homeowner posted a note online asking for help getting the attention of landscaper TVRI, only then was it addressed.

Homeowners should understand that many of the issues appear over and over on the agenda because the board hasn't worked on the issues. It is a volunteer position worthy of thanks if directors act as good fiduciaries, but they should drop the self-interest issues and buddy favors, and focus on the basics. They recalled a previous board and removed people from committees only because they enforced some of the rules or voiced different opinions, so now they have to get the work done themselves.

At the last meeting Director Wenz acknowledged that he has prohibited plants, Juniper, despite the HOA forcing others to remove Juniper and even dwarf Cypress.

The suggestion that the HOA should give up parking enforcement is a mistake. It is illustrated by the alleged business on Cala Lily and employee parking. What are the odds of a board going crazy with enforcement vs one of 209 homeowners becoming a nuisance with parking? You will limit your tools.

Homeowners are using their vehicles to block the storage of the large RV on Cala Lily, so if people stopped by they might not have seen the RV. The failure of the HOA to ensure that homeowners comply with the rules has pit neighbor against neighbor.
A large trailer as well as a commercially signed truck have been on Bella Vista; large RVs have been on Mariposa and Sevilla longer than allowed, the one on Sevilla with a large electrical cord across the sidewalk, risking liability for this HOA. How many weeks will you allow the basketball hoop in the street on Ocotillo?

Thanks for fixing the tree.

Request to install plants on the slope on Claret that is barren.
Request for the HOA to paint HOA fence behind their house.

END HOMEOWNER FORUM

Andre asked to identify homeowners by name and their issues from Homeowner Forum in the minutes. Ford said, while homeowners can discuss anything during Homeowner Forum, per state law the board cannot fully discuss and take action unless an item is on the agenda. Therefore, items from Homeowner Forum should be brief in the minutes. The law is designed so that homeowners have a chance to attend meetings where topics of interest are discussed. The discussion broadened to how items are added to the agenda e.g. homeowners may email or call FirstService, and then expanded further when homeowners said that ignored email prevents homeowners from getting items on the agenda. Andre said email is placed in correspondence in the director’s packets for the meeting, but they don’t read it aloud. Homeowner said when FirstService fails to respond or acknowledge there is no way to know what happened, and items have not made the agenda. Kiefner and others said that they want to give the new community manager time. He is experienced and they expect that there will be improvement. Ford said that everyday requests that are completed, such as minor maintenance, are not forwarded to the board.

Security Update—Andre lead discussion of placement of No Outlet signs.
#1 Entrance/Graves--approved
#2 Half-way up the big Sevilla hill before NorthStar--not approved
#3 Stop sign at Northstar—not approved, Discussed placement on Sevilla at Calico stop sign instead.--approved
#4 On Castilla before Mariposa--not approved
#5 On Mariposa going up the hill--not approved
#6 Cala Lily near Monticello--not approved
#7 Morella: not approved
Dead End sign at end of Ocotillo--approved

Approved two No Outlet signs (Graves; Sevilla/Calico stop sign) and one Dead End sign (Ocotillo). Will propose it to the City.
Question: How does Dead End differ from No Outlet? Dead end has no cross streets.

Kiefner commented, drop dead date for proposals to change to CC&Rs need to be in by May.
Bylaws amendment approved by the attorney. They discussed the voting process for amending bylaws. Quinsey discussed voting and mortgagee vs. the mortgage holder.
Ford said in his opinion it is not a majority as the board had believed, rather 75%, though he will present it to the attorney for an opinion.

Lighting Proposal for the Sky Ranch Monument. Discussed with Ford for bid submission. Tabled.

CC&R Amendment
While other details previously presented are acceptable, Andre disagrees with the 5ft limit to fence relocation. Kiefner said homeowners want to move fences to move them out of their view, and to make way to build structures. Kiefner said he could not support anything that would not provide a limit. He also prefers the uniformity of HOA maintained slopes. Homeowner slopes are not as consistently maintained or landscaped with consistent plants. Wright thinks the issue is too much at the moment. He suggested maybe having a fence committee to make proposals. Kiefner reiterated the board's responsibility and they are a committee. An item will be placed on the next agenda to decide if a committee will be formed. Quinsey said the bylaw election rules take precedence at the moment.

Nothstar and Sky Ranch costsharing budget. Tabled. Ford will discuss with NorthStar representatives.

Fence painting bid discussed. Ford will confirm specs (produced by Wenz) match proposal bid made by vendor.

Design Guidelines Revision
Wenz explained what he had supplied to the directors, e.g. present Design Guidelines.
Kiefner said that when they agree to the revisions they will be presented to the homeowners. Ford suggested that they have the revisions approved by the HOA attorney before they are presented to homeowners rather than submit something to homeowners, have the attorney reject something, then have to send them to homeowners again. Kiefner said the revisions are mostly for clarity, not major changes.
Ford asked if they considered having a reviewing architect. Kiefner said that they tried two, but didn't work out. Wenz asked if he had someone who is good. Ford said a name <missed it>. Hiring an architecht will be on the next agenda.

Architectural Modification Status: Quinsey asked if the issue was resolved in locating files. There were issues ensuring that Notifications of Completion had been done. Need to determine what plans <landscapes> were not completed. Ford will examine further. Wenz said he thinks they resolved most of it.

Next Meeting April 13, 2017. However, Ford will contact the board if the schedule won't work for him.

Personal Notes, HOA Meeting 02-15-2017, Sky Ranch Community Association

March 02, 2017 by Sky Ranch Santee

Personal Notes, HOA Meeting 02-15-2017

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

Sandra Sandoval FirstService Residential

Referred to reports, but no information relayed to the audience.

HOMEOWNER FORUM

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Claret slope landscape dying.

Lennar was supposed to build a wall, but didn't. Consider it for punch list.

Request a fence be painted.

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Suggest that in the future HOA should announce changes to property manager contacts. <note: I didn’t understand the response.>

A staked tree fell during a storm in the 3rd week of January. It is now u-shaped, top of tree on the ground. Notified HOA Jan 29. It remains on the ground. TVRI only routinely inspects high visibility areas.

Who decided the Lot L issue stays with legal? (HOA response: Scott said that the board voted on it in executive session under legal item.) So, you avoid giving even descriptive information in agendas.

Board fails to ensure compliance with CC&Rs yet is working to change them. When they make exceptions to everything there are no rules, at least for those who are favored. The board is attempting to water down the rules and place more items under their control. If only 25% +1 homeowners decline to turn in a ballot, it will send a message. Homeowners should look at the RV in the Cala Lily cul-de-sac. One is periodically on Bella Vista, another on Mariposa for excessive time periods. Another at the top of Mariposa was there for years. That is your future. Are you OK with that? Board will tell you that prior boards are responsible for uneven enforcement. You could ask about the giant slide, commercial vehicle parking, unfinished or abandoned landscape, or any number of things, but ask them three questions:

In violation of the CC&Rs a board member moved a fence over two years ago, why is it still there?

In violation of the CC&Rs, a board member has cypress in his front yard while homeowners were told to remove theirs, why are they still their? (Ed Wenz interjected that it is Juniper <also prohibited>)

If inspections are done on a monthly basis how can they establish a violation of the 48 hour limit for RV loading?

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A homeowner made presentation, including handouts and photos, regarding an RV being parked by a neighbor on a property in the Cala Lily cul-de-sac. While parking the RV it made gouge marks on a neighbor’s property. The large RV is not screened from view and can’t be screened from view. Neighbors have approached the homeowner, but he doesn’t care. He is also thumbing his nose at the HOA as reportedly the HOA approached him about it. The front fence height was increased beyond the permitted level in violation of community rules and City code. He installed a slab to park the RV despite neighbors complaining it is an eyesore. Homeowner requests that the HOA levy fines and collect those fines in court. She explained additional violations that show the RV owner is not cooperating. The HOA was notified in September 2014 and January 2015 about soft top patio covers which are still there despite being against the rules and a fire hazard, particularly since it is a perimeter lot. He operates a business out of the house, and now every day employees park two vehicles in the street. The homeowner parks in the driveway because his garage is filled, leaving the employees to park in the street. <Someone said that cars parked on other streets have been the subject of discussion. Those cars belong to the employees of this homeowner.> The HOA has no bite behind the bark. She used the big slide as an example. She said she and other neighbors reluctantly accepted that he was going to have a small boat on the lot that would not be visible from the street. She said they did not agree to this RV. She told the board that she needs their help.

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Homeowner immediately next door to the homeowner with the RV on Cala Lily, spoke. She showed additional photos. She had a photo of him sweeping her driveway because he can’t avoid driving across her driveway when he parks it. She said he apparently moves it at hours where he thinks they won’t observe it. She has numerous windows at the front of the house that face the RV given the unique layout of their properties. The front of her house faces the RV. She said that they have no privacy anymore. They are uncomfortable in their own house. Given its size there is no way to avoid looking at it. The RV owner planted a palm tree but it won’t help. They understood that a small boat would be there, not this RV. She is expecting, and her doctor told her that the stress of this isn’t good for her. She said that they follow the rules. She asked the board how they would feel if their neighbor did something like this. She said they have sought legal counsel. She told the board that they need their help.

HOA response: Tom said that he would not be happy if his neighbor did this. Scott said the HOA is aware. Dave said that they can educate about the complaint process.

Brief discussion followed. Board said that confidentiality rules prevent discussion of specifics. They said enforcement takes years and they can’t control the courts. Homeowner said that online records show no cases have been filed by the HOA, though previously there was a small claims suit, likely initiated by a former board member <who was recalled>.

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Is the HOA doing something about rats? HOA response: No.

A neighbor’s un-landscaped yard causes drainage and debris issues when it rains.

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END HOMEOWNER FORUM

Consent calendar including lien approval. No details given to the audience. Approved unanimously.

Table the issue of "No outlet" type signs. Most directors suggested fewer signs better than more signs.

Proposed Bylaw Amendment: tabled

Lighting proposal for Sky Ranch Monument. No new bid.

CC&R Amendment

Chris handed pages to the directors regarding the fence movement proposal. He doesn't agree with the proposal submitted last month which limits the movement of fences to 5ft and he cited a number of reasons, apparently written in the handout.

The election is in August. Scott says the board needs to agree by April or May to go through the process of cleaning the language and going through legal.

Tom suggested the fence issue might be too complicated to consider at this time, Dave concurred. Ed suggested the proposal might be a can of worms if it is too subjective as discussed today.

The board agreed that cumulative voting should be eliminated. No vote taken regarding the proposal.

Tom said we shouldn't complicate the rules if enforcement is complicated.

Scott suggested that if they don't have consensus about fence movement proposal by the next meeting they should drop it.

Lennar Turn Over Walk--street sealing not finished

Mailboxes--remove from agenda for now. A new proposal will be submitted.

Blue Skies tree planting proposal. Table again, confirm whether property belongs to HOA.

Fence painting on Mariposa and Castilla: $755 estimate. Further clarify the bid.

Design Guidelines Revision discussed.

Social Committee Debit card: $1800 limit. Approved unanimously.

Checking account associated with debit card--Chris Andre oversight; approved unanimously.

Booster pump seal $1115. Tom suggested it is happening because of insufficient pressure. Approved unanimously.

Building Resource Management raising rates (likely to comply with minimum wage increase).

$45 per hour, 16 hours

Civil Code Change sec 4041. Board said it put the responsibility on the homeowners to notify HOA regarding contact address, whether the property is rented etc.

Next meeting, Thursday March 16th