Personal Notes, HOA Meeting 05-22-2019

HOA Meeting Notes 05-22-2019, 6:35 pm

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

Directors Absent: Tom Wright

Richard Ford, FirstService Residential, Senior Community Manager

Reports--little discussion

Landscape: Three employees from O'connell Landscape spoke briefly and answered questions by homeowners. They said they have been working on brush management, cleanup, and adjusting clocks on the irrigation controllers.

Smart controller system. Takes data from satellites, adjusts per weather, adjusts the time as well. Times may vary automatically depending on needs and conditions.

Is it working? It is partially working. Three controllers are, in fact, not smart controllers, as believed. Smart aspect is not operational.

Homeowner asked when they will be finished and will we be told. They said they will inform the HOA when finished and said they would be working on the area by her house soon.

Homeowner asked what work has not been completed / not working. They were unable to specify.

Homeowner complained about a slope. Scott said they are aware of it.

Homeowner said you don't need a satellite to run the system. He said you only need sensors.

HOMEOWNER FORUM

The HOA should advise homeowners when they realize a meeting has been canceled so they can better plan their schedules for family and work.

At the last meeting the board said that brush management is done once per year. According to the landscape contract <excerpts below> brush management is done throughout the year. The contract says, "Most areas shall be done 3-4 times per year." We are not getting what we are paying for.

The landscaper is paid $18,534 per month! It was $23,350 for the first three months to focus on irrigation.

At the last meeting a homeowner complained of brush that hadn't been cleared in a long time and was growing through their fence. The contract says, "All fence lines above and below slopes will be kept clear; a minimum of 18." Again, we aren't getting what we are paying for as it should never grow that far. With large areas abandoned, yet covered by the contract, we are overpaying for landscape work.

The landscape contract also says, "The appearance of all plantings to be maintained to acceptable horticultural standards." Homeowner told Dave, "You wanted to run the place, so run it. You led the board recall and kicked people off of committees including the landscape committee. You're on the committee and should be aware of the contract. Does the landscape committee have the contract? Why isn't it on the web site?"

The 2nd homeowner got a letter about a violation and he addressed the board in the open session. He said he got a violation for bushes growing over the sidewalk. He said that he doesn't have bushes. He wanted to know who sent it because Ford said that he didn't send it. They did not say who sent the letter. The board said it was a courtesy notice, not a violation letter. The homeowner pointed out that the word "violation" appeared on the 2nd page.

He said the letter also noted the poor condition of the grass in his front yard. He said that rabbits are damaging the grass. Homeowner slopes across the street, in view from the front of his house, is full of brush. They have been that way for six years. He said the brush provides concealment for the rabbits.

The third homeowner said that the landscaper and HOA should recognize slopes dying. They need to find someone who knows what they're doing. The homeowner has spend thousands of dollars on landscaping, but others are ignoring their slopes. Yet, she said, they got a notice asking if their project was completed though it had been completed less than 30 days ago. The management company should also be monitoring. A new management company might be needed. There should be files. Some lots still have no landscaping in the back yard. There are yards with weeds going through the artificial turf. There are new homeowners that leave trash cans out. The HOA should notify them, not a violation, but perhaps just a reminder.

Landscape Contract Cost.JPG
Landscape Brush.JPG
Landscape Fenceline.JPG

END HOMEOWNER FORUM

 

Consent Calendar

Read agenda titles A through E -- approved with no discussion.

 

Northstar and Sky Ranch Cost Sharing, still in progress.

 

Fence Maintenance Correspondence

All three bids qualify based on price.  Request that a company clarify that it actually works on fences.  Ensure that we get a spec sheet so we get the right fence color.  Approved unanimously pending adequate responses from the vendor to Ed Wenz.

 

Tacos in the Park June 8th.  Janet mentioned miscreants checking wreath for keys.  Chris said the homeowner should send him an email to inform the security company.  Another homeowner asked if everyone could send him such information.  He said that she is on the Social Committee.  The homeowner said, "So only social committee members can inform you?". Chris supplied an email address for others to reach him <redacted for web>.

 

Architectural Modification Status:  clarify completion of projects homeowners are working with homeowners.

 

Homeowner Correspondence--no discussion

Oconnell info.

Brush management email.

Recommendation of plant materials--HOA will get bids

Additional correspondence came in late.

 

Adjourned 7:29

 

Next meeting June 19th.

 

 

Personal Notes, HOA meeting 4-17-2019

HOA Meeting Notes 04-17-2019, 6:36 pm

 

<Comment:  There is little to note on most agenda items because very little is discussed and the most of what is discussed, which isn’t much, is difficult to follow because they refer to items in their packet rather than descriptively so attendees can understand.>

 

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

 

FirstService Residential, Richard Ford, Senior Community Manager

 

Reports--no discussion

 

Bravo Three--stopped reports as requested

 

Landscape Reports--Dave handed a paper to Scott.

Still going through irrigation.  Set some clocks, found some bad wiring, fixed a controller.  Trash and weeds addressed, edging, scrub care.  Directors didn't mention specifics such as locations

 

 

HOMEOWNER FORUM

 

As Scott introduced Homeowner Forum he said they could speak for 3 to 5 minutes.

 

They complained that nothing has been done about watering a slope by their home.  They said they need a schedule.  They believe it is HOA responsibility, but the HOA needs to say if they aren’t taking responsibility.

 

They said they saw the O’Connell landscape company workers for the first time only recently.   Brush maintenance.  It is growing through the fence.  They said they thought it was part of the dues.  He said they appear to get none of it.  He asked what the HOA obligation is because he needs to know in case he needs to take action.

 

Scott said the new landscape company is still working on the watering schedule. 

The homeowner asked how they can get a contact for the schedule.  Scott responded, “Richard.”  Richard.  She said, “But Richard puts it back on you.”

 

Scott said the HOA will prioritize.  He said the slope is the responsibility of the HOA.  He said brush maintenance is once per year, determined by the fire department.

 

The homeowners said they haven't cleared brush in years.  They asked if they should contact the fire chief.  HOA said that is up to the fire chief.

 

Dave said the new landscape contractor is supposed to inspect everything because it is a terrible mess.  The prior landscaper never took advantage of the smart irrigation system.  It should be up and running soon.

 

The homeowners said that some slopes need to be manually watered if necessary.  Scott said they would.  Dave apologized to them.

 

 

 

The next homeowner complained that when he is the only speaker he is told to speak only 2 to 3 minutes.  But for this couple Scott told them they could speak for 3 to 5 minutes.  In fact, they spoke for 8 minutes and 45 seconds.  He said at the previous meeting that the couple attended Scott allowed them to speak for an extended period.  At the next meeting when that couple was not there Scott mentioned the extra speaking time at the last meeting and said they needed to get back on track, and again told him to speak for only 2 to 3 minutes.  The homeowner said he supports the couple speaking, but will not tolerate being treated differently.  He said the board violated their fiduciary duty to him.

 

Homeowner said the HOA standard is now apparently down to the standards of the fire department.  He said the CC&Rs require maintenance, not just the fire department standard.   He said large area areas are abandoned with some sprinklers even capped, and we risk increased HOA fees to restore it.

 

Homeowner said the irrigation next to his house ran for over 8 hours per day and caused damage to his property.  The HOA has yet to say what if anything has been done to the system.  He asked each director individually if the lack of HOA response was acceptable.  Scott said it depends.  Homeowner clarified that the HOA response was that the item is in Homeowner Correspondence in the May meeting.  No mention if water was cut off, circuit fixed etc.  Scott still said it depends.  Tom and Ed said nothing when asked if the response was acceptable.  Dave said nothing <Comment:  Nothing that I could understand.> At some point Dave said the online post was not clear.  Chris said homeowners should get detailed information.

 

Homeowner asked Ford what had been done, if anything to fix the irrigation.  He didn’t know.  The homeowner then said, that the board talked about it in Executive Session, but don’t know what has been done.  Scott said they can’t talk about Executive Session.  Homeowner said he’s asking about what has been done to the irrigation system, not everything discussed in Executive Session.

 

The directors then talked with Ford about the procedures for homeowners and the HOA response.  The homeowner clarified that he emailed the HOA in the middle of the week, and called the emergency option.  He received an email about the agenda on Monday, and no return call.

 

Homeowner asked if the FirstService website, which has been unavailable for a about year, is included in the contract.  In other words, are we paying for it, though we aren't getting it?  Scott said he didn’t think it is in the contract.

 

 

END HOMEOWNER FORUM

 

Consent calendar

 

Virtually the read through the list on the consent calendar with no substantial discussion.

Items A, B, C, D, F approved with little to no discussion.

 

Cost sharing.  Scott said, "Number don't add up to what the reserve is." <Comment:  I think that means we have enough money to cover it.> Tabled again.  Board agreed that Scott will deal with it.

 

Fence Maintenance.  Ed will talk to one of the vendors this week.

 

Homeowner Slope Landscaping Request:  It involves the sewer pipe.  They need more information.  Tabled.

 

Vendor Correspondence:  Items from Eric (landscaper)

 

Homeowner Correspondence:  pgs 68-74.  Scott said he believes the bulk came up in Homeowner Forum.  No discussion.

 

Next meeting May 15.

Personal Notes, HOA Meeting 02-20-2019

HOA Meeting Notes 02-20-2019, 6:30pm

 

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

 

FirstService Residential, Richard Ford, Senior Community Manager

 

Directors said they get too many routine reports from the security company.  They would like receive only reports with suspicious activity.

 

HOMEOWNER FORUM

What is the status of the FirstService website?  HOA Response:  Ford said it has incompatibilities and flaws.  He asked the Directors if they should make the website available even though it still isn’t ready.  Directors said not to launch it yet.  Ed said his access doesn't work.

 

It seemed apparent that with such little discussion at the previous meeting, that the directors had largely discussed the new landscape company in Executive Session where homeowners couldn’t hear.  One of the few things mentioned in Open Session was that with the new company we would be getting the prior landscape manager.  The homeowner asked, is this the same manager that TVRI said had committed theft via lack of manpower?  HOA response:  Scott said he was unaware of the discussion of theft via lack of manpower.

<From Personal Notes, HOA Meeting 12-20-2017: New TVRI Manager David Rodi addressed the board and said the following: The condition he encountered was inadequate (i.e. the landscape should have been better cared for). His predecessor stole from the company in the form of wages and work not done. Now they are working on areas of greatest impact first. Our guys are working hard with more direction. They are proud of the work they are doing.>

Will the HOA be paying for maintenance on the section of fence that a homeowner installed on Castilla in violation of the CC&Rs?  HOA response:  Scott replied that the question should be sent to the HOA.

Neighbor who is a renter wants the Design Guidelines. Is it OK to give them to her? HOA Response: Yes

What is being done to secure the fence at Morella? It is no longer locked. She thinks the locks are being cut.

In the event of an evacuation, who opens the gate? What are the evacuation routes? HOA Response: Brockway & Ruocco. Main route Sevilla. Fire Department will unlock the gates. The community is designed for shelter in place.

Homeowner asked about what was sprayed behind the house. HOA response: The directors were unable to find out what it was.

END HOMEOWNER FORUM

Unanimously approved lien and minutes.

Northstar Sky Ranch Cost Sharing Budget. Northstar not finished with 2018 budget. Unanimously approved sending updated FY2018 information to Northstar.

Fence Maintenance Correspondence. 2400 ft needs attention now. Requested additional bids. The new bid is $7.50 (Didn't say for what e.g. linear ft). Tom said it is $15 per sq ft. The bid was unclear to the directors, for example, does it cover multiple areas. Unanimously approved to have Ed review the contract. <Note: Various statements were made about the cost. It was unclear.>

Homeowner says tree clogged a sewer pipe. Have not heard from the HOA attorney. Issue tabled.

Directors told to look over homeowner correspondence.

Ed suggested that they provide more information to homeowners about the new landscape company.

Meeting adjourned 6:59 pm

Next Meeting March 20

Personal Notes, HOA Meeting 1-16-2019

HOA Meeting Notes 01-16-2019

 

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

 

FirstService Residential, Richard Ford, Senior Community Manager

 

 

HOMEOWNER FORUM

 

FirstService website has been unavailable to homeowners for six months.  Ford said he believed it is working.  Homeowner said he was told he would be contacted with a password when the site was working.  Ford will check.

 

No fines were collected the last fiscal year.  There are no lawsuits seeking to collect fines.  The HOA risks liability for failing to fulfill their fiduciary duties to ensure that homeowners comply with the Governing Documents, which may result in increased assessments.  Homeowners are on their own if a neighboring homeowner installs a giant slide to the roof, a Ferris wheel, or commits a variety of violations.

 

 

Cookie exchange was successful. 

 

Social committee information:  Chili cook off February 23rd.  New members will lead it.  Finding an electricity source is an issue.  Young new moms are energetically working.

 

END HOMEOWNER FORUM

 

Northstar / Sky Ranch Cost Sharing:  Now they have the reserve study.  Study isolated costs for common shared areas.

 

Revised Architectural Guidelines (Ed)

Homeowners submitted some suggestions.  Some suggestions were submitted after the 30 day deadline so they aren't being considered.  They briefly discussed the "contradiction" of the prohibition of wood fence and the approved colors for wood fence.  <Note:  It appears they may be confused about the CC&R prohibition of installing wood fencing beyond what was installed by the developer, or they are concerned that others will be confused.>  Adoption of the Design Guidelines was approved by all except Chris who voted against it.

CC&amp;Rs

CC&Rs

<Note: The HOA sent via email an unsearchable format of the revised Design Guidelines. The copy at this link is searchable. Revised Design Guidelines.>

Fence Maintenance (Ed)

Identified fences along common areas maintained by the HOA.  Identify fences at the tops of slopes.  762 linear feet of fence needs immediate attention, but much of the fencing is OK.  Homeowners have changed some fence colors, and some fences are being damaged by irrigation.  Most damage to fences is on the south facing side (sun).  Some fences are aging prematurely because it appears they were not prepared properly.  Ford will acquire two more bids which include power wash and two finish coats. 

 

Possible Postal Service Box Relocation

Need 100% approval of affected homeowners.  Ford recalled that it was agreed that homeowners would acquire the 100% approval before the HOA will take any action.  Board suspends action until then.

 

Homeowner says HOA landscape is clogging her sewer.  The issue occurs on her property but it is HOA maintained area.  The question is who is responsible.  Ed said the pipe must be damaged for roots to penetrate.  The homeowner fixed it, but wants to be reimbursed.  Ed wondered whether it would be Lennar's responsibility via warranty.  Scott says the receipt shows the work as suggested, not that it was completed.  They are unclear if the work was done.  Tom said the information might have been presented at the last meeting.  Tabling the issue pending further information.  Upon reading correspondence Scott said it appears the work was not completed.  The HOA attorney was unclear about who is responsible.

 

Variance request:  7030 Mariposa, install pool within 5ft of side fence.  Approved unanimously.

 

 

New law:  Civil Code 5380 & 5502 Electronic Transfer of Funds Greater than $10k.  It's a new law that mandates amounts over $10k have board resolution unless specifically authorized.  In Sky Ranch such monthly bills would include landscape, management, utilities.  Motion to approve giving FirstService authorization to pay such bills was approved unanimously.

 

 

New law AB 2912 Requirements:  financial statements must now be reviewed by the board every month instead of quarterly.  If a monthly meeting is missed, it can be handled at the following meeting.

 

 

Landscape Service Provider Selection (Ed & Dave):  Received several bids for a landscape contractor.  Motion to approve O'connell as the new landscaper approved unanimously.  <Note:  almost no discussion>

 

 

Eric Sheppard would return as he works for O'connell.  There will be a full assessment of the current conditions, including irrigation e.g. number of sprinkler heads.  Eric is suspicious of the number of irrigation lines that have been turned off.  They have committed to having an irrigation specialist on site full time for three months.  Ed said they will start with highly visible areas coming up the hill.  They will work on the smart irrigation equipment to get it working properly.

 

Next Meeting February 20.

 

Personal Notes, HOA Meeting 12-19-2018

HOA Meeting Notes 12-19-2018

Directors Present: Dave Quinsey (lead in Scott's absence), Chris Andre, Ed Wenz, Tom Wright

Directors Absent: Scott Kiefner

FirstService Residential, Richard Ford, Senior Community Manager

HOMEOWNER FORUM

Design Guidelines Proposal (rule changes):

Rule changes conflict with CC&Rs which control. Design Guidelines allow 45 days to review submittals. CC&Rs say failure to approve or disapprove within 30 days is deemed denied.

Design Guidelines say variance requests for design provisions. CC&Rs say variances are for architectural provisions.

Pepper trees are prohibited within 50ft of homes per City code, yet aren't mentioned in Design Guidelines.

HOA collected no fines in FY2018 (per FirstService) and there are no court cases against violators to collect fines. Congratulations to the board for achieving their goal of ending HOA enforcement.

Legal scorecard update:

People HOA backed: two petitions for restraining orders denied; one ordered to pay legal fees; one settled to pay legal fees; restitution ordered for vandalism committed by one of them; ordered to pay damages in two defamation cases

Homeowners: Granted one restraining order; received the vandalism restitution; legal fees ordered and paid to homeowners; awarded monetary judgements in 2 defamation cases.

END HOMEOWNER FORUM

Financial Review is not ready.

Northstar and Sky Ranch Cost Sharing Budget: tabled in Scott's absence.

Fence Maintenance Correspondence: Last meeting it was resolved that the HOA is responsible for some exterior fence on slopes. BRM estimate: $20.95 per linear foot to clean and stain. Dave said the fence can be replaced for $20-$30 per foot based on his research. They may get more estimates. Ed suggested seeking volume discount. He asked if they have reserve for maintenance. Dave said they have reserve funds for replacement. To calculate the funds the reserve analyst would need specific information e.g. amount of fence, duration, frequency of work. Ed will gather the information.

Postal Box Relocation

Tabled because Sue, homeowner working on the issue, isn't present. Tom said that the Postal Service says every person who uses the box must approve. Postal Service won't pay for the relocation.

Homeowner slope landscaping request, Ocotillo area: Common area slope drainage ran over the homeowner lot. She sent a photo of roots causing the problem. Dave said the HOA shouldn't be responsible for removing tree roots. Lennar planted it. They are getting a legal opinion.

Homeowner Correspondence: Homeowner wrote about the lack of color coding of the recent proposal. Color coding had been used in the first proposal to show changes. Dave asked if it needs to be identical to the published copy which would preclude color coding. Ford said that the previous copy was color coded, and this second draft which was not color coded is also valid.

No other items in correspondence discussed.

Personal Notes, HOA Meeting 11-21-2018

HOA Meeting Notes 11-21-2018


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


Directors Absent:  Chris Andre


FirstService Residential, Richard Ford, Senior Community Manager


Reports:  Some landscape issues were taken care of.


HOA has had the landscape company since 2013.  Some issues but decent.  They are aware of "challenges."  Scott says that they are trying to address it.


Amber H. says that in the drive thru they observed that most of the problems have been addressed.  She thinks mulch should be added.  Homeowner said that you have to get out of the vehicle to see everything.


HOMEOWNER FORUM


Little is accomplished, despite having contractors, because there is little oversight.  The board can't even hold regular meetings as two were recently canceled.


-FirstService website doesn't work. Numerous communications since July 15 with conflicting responses, some indicating the site works.  HOA response:  Ford said that the website is down.  Homeowner said a simple email to that effect would have been helpful. 


-October meeting wasn't held, apparently because no one scheduled a room.  The HOA knew at least several days earlier that the meeting wouldn't be held, but didn't notify homeowners.  Secretary Quinsey was reminded that at the last meeting a homeowner complained that he was rude for failing to respond or even acknowledge her texts, email, and phone calls.  HOA response:  Quinsey said that sending an email is the responsibility of Mr. Ford.  Homeowner again mentioned oversight of contractors.  He told Dave that he ran the recall of the board, in part, because he said homeowners weren't treated well by the board.  Yet here homeowners aren't notified promptly when a meeting is canceled.  He said, "You wanted to run the place, so run it."


-Landscape is still a disaster, "Or as Tom calls it, 'An issue of homeowners perceptions.'"  It still erodes (sometimes over the corner of his front yard when a drain clogs) due to lack of plants, and irrigation to maintain plants.  Homeowner said that another homeowner asked for the irrigation schedule and probably received it, meanwhile he has not received the same information despite his request.  He said he assumes landscaper doesn't want to give him the schedule because the irrigation isn't working.  HOA Response:  Ford said that the other homeowner did get the irrigation schedule information.  He said that all he can do is ask TVRI for it.  Homeowner said the board has authority over the contractors including TVRI.

 

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 -A year ago the board agreed to look into amending the bylaws to prohibit violators from becoming directors.  Apparently, nothing has been done.


While the homeowner was speaking, Tom Wright said to Ed Wenz, "How did you escape this?"  The homeowner responded, "Because he is doing something."



END HOMEOWNER FORUM


Cost sharing not completed.


Draft Revised Guidelines:  Ed Wenz said that they are ready and searchable, but can't put it on the website since it doesn't work.  Scott said they will simply mail it to homeowners.


Fence Maintenance Correspondence:  Who is responsible for fence side abutting HOA side?  Scott said "It appears that we have some responsibility."  He suggests they prioritize which fences to begin with.


Post Box relocation.  They talked extensively about the boxes.  Homeowner interjected her input particularly about the Sevilla Street box by her house.  Another homeowner said they should prioritize the landscape and spend less time on the post boxes.  The board objected to the second homeowner speaking.  The homeowner said that the board says homeowners can't speak outside of Homeowner Forum.  He said if she gets to address the board, so should he.  Scott said that he wished to hear from her, not him.


Homeowner's correspondence:  Scott told the directors to review it.  He said he hadn't reviewed it.  They mentioned something about a pipe.


Landscape items tabled.


Reply letter to homeowner.  Scott told the directors to review it.


Next meeting Wednesday Dec 19.

October 17 Meeting Canceled

The Wednesday October 17 meeting is canceled.  In response to my query I was told today, Monday October 15, "We expect to be back on track on Wednesday, November 21."  They didn't post the agenda over the weekend as required by law to hold the Wednesday meeting so it appears that they knew well before today that the meeting would be rescheduled, but didn't feel the need to inform the community.

Personal Notes, HOA Meeting 09-19-2018

HOA Meeting Notes 09-19-2018

 

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

 

FirstService Residential, Richard Ford, Senior Community Manager

 

Bravo Three (security) is sending reports whether there are significant incidents or not.  Discussed whether there should just be an incident report rather than a report of all of their activity, including non-significant activity.

 

Landscape report:  there are issues with landscape

 

Scott said that he has received many complaints.  He said that they took workers off other duties to complete brush clearing.

 

 

 

HOMEOWNER FORUM

 

#1

Update on mailbox move on Castilla.  The homeowner contacted the Post Master again.  She asked if the Postmaster contacted Richard Ford in response.  HOA Response:  Ford says that she did not contact him.

 

Is there someone to discuss proposed plans?  Specifically, she has plans that need to be resubmitted and she wants to ensure the plans are OK.  HOA Response:   Talk with the Design Review Committee.

 

 

 

#2

Two homeowners discussed their unique situation.  He said there is an LMD (Landscape Management District) easement across the front of their property.  They are having to maintain their slope.  Landscapers could simply prune i.e. they are not asking for extensive maintenance.  These homeowners have planted landscape on the lot.  Plants have died for lack of water.  They need a commitment from the board regarding a watering schedule.  They have to ask the landscapers to turn irrigation on manually.  The landscaper said that they were told not to work on his property since they planted on it.  Their slope is very visible to going up the hill, and its condition can affect property value.  They said that brush clearing is not being done by their property and it is putting them at risk.  Dead brush has accumulated.  Brush has grown through the fence.  There is no water on the back side anymore.  The homeowner maintains the front slope.  The landscape company lets the plants die.  She said that Dave Quinsey failed to respond to email, not even an acknowledgement.  Dave said the inquiries were lengthy and detailed, and he meets with the landscape company.  Dave said he would help but never followed through.  She said her texts, email, and phone calls went unanswered.  She said it is rude.  She told Dave that maybe he need helps.  She said to him, if you want to be part of the team, be part of the team, or get off.

 

Scott responded by saying that the fire marshal approved the brush clearance.  Scott said he doesn't walk the whole neighborhood, and thanked them for the feedback.

 

She said they've heard the same excuse from previous boards.  She asked, when will something be done?  Ed, apparently in response to her unsuccessful communication with Dave Quinsey, told her to contact the management company.  She replied that she does.

 

 

 

#3 Homeowner addressed the previous homeowners and said that the board is fully aware that there are landscape issues.  He said he brings it up in meetings and in correspondence.  He said landscape rarely appears on the agenda.  The board talks about other issues instead.

 

Homeowner showed photos following recent brush clearing.  He said the CC&Rs include a duty to maintain the property, not demolish it.  The HOA should not neglect landscape and then simply clear it as brush when it dies.  It should be maintained.  Why is there irrigation?  In the photo he points out that there is nothing left to irrigate.  Is irrigation to water the weeds that return?  What about erosion?  He asked if they are eventually going to demolish the landscape at the entrance and along the roads too.  Why not?  The landscape behind the homes was supposed to be maintained too (including City Code).  This works out great for TVRI (landscaper).  The areas by homes were neglected, now they cleared it as brush and the barren area requires less maintenance.  He assumed TVRI hasn't reduced their bill to the HOA, and noted that Dave Quinsey refused to answer that question at the last meeting.

 

Original guidelines maintained aesthetics and complied with the law.  Variances, rule changes, and lack of enforcement have complicated the rules, degraded the community, allowed code violations, and created unfair situations.  Homeowner showed a photo of a shed and said that the shed doesn't have a compliant roof and doesn't appear to meet code requirement for setback.  He said he spent over $1000 for a complaint shed roof that few can see, but other sheds are not compliant.

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#4

Can we put up a no loitering sign?  At the end of Sevilla they hang out, leave trash, joints etc.  Can something be done?  Chris discussed the prior discussions, including cameras.  He said homeowners can now call BravoThree directly.  Homeowner #2 said the HOA may be liable if a driver runs a stop sign and someone gets hurt.  Homeowner #3 said that years ago he asked City Council to pass an ordinance allowing Sheriff to enforce infractions on non-City streets, but more people would need to speak up.

 

 

 

 

#5

Piles of beer bottles at bus stop on Triana.  She spoke to Sheriff, they will come for underage drinking, smoking weed in cars, kids hanging out below Brockton etc, but not ticketing drivers running stop signs.

 

October 28 fall festival.  They will clean up the park before the meeting.

 

END HOMEOWNER FORUM

 

 

Approval of minutes, financial statement, and documentation for a foreclosure.

 

NorthStar and Sky Ranch Cost Sharing Budget:  NorthStar owes $1414 for 2016.  Sky Ranch owes $232 for 2017.  For shared areas NorthStar pays 40% based on the number of homes.  Approved.

 

 

Draft Revised Design Guidelines--Ed Wenz

Homeowners have provided useful comments even grammatical changes.  Ed says that they needed to delve more deeply because of the interconnected issues.  Some items need to go to the attorney.  The latest revision should be reviewed by the board.  Once revised and reviewed it will go back to homeowners to review for 30 days.  They will have the attorney simply review changes.

 

Fence Maintenance:  Ed identified fences adjacent to HOA areas.  He said that they don't want homeowners walking up HOA slopes damaging slopes to maintain the fences.  The fences should be done at the same time to avoid patchwork appearance.  Scott said that he and FirstService do not have documentation clarifying which fences they are responsible for, in particular, homeowner fences that HOA needs to maintain.  Scott wants clarification from the attorney.  Kathy supplied Scott some documents for an early phase.  He said that he needs clarification of what fences are HOA responsibility. 

 

Ed asked what they should do if a homeowner takes care of one side of a fence, but the other side is not maintained by the other homeowner.  Ed said his fence is warping because of that.

 

Post Office Mailbox Relocation:  Homeowner will contact PostMaster again.

 

Homeowner Correspondence:  Scott said directors should read the homeowner correspondence.  Some of the messages are private, some have already been discussed.  Directors should let Scott know if any of the items should be brought to Open Session.

 

Brockway Access Requests (homeowner and Habitat Manager want access restricted via fence):  Scott said that they dealt with this previously.  The CC&Rs show the road and lots adjacent are not part of the Conservation property.   i.e. Can't restrict access as requested.

 

Another annual meeting will be held on Thursday October 4, 2018, at the FirstService Conference Room, Kearny Villa Road.  The prior meetings did not have enough ballots/attendees.  The threshold for quorum is reduced to 31 ballots at this next meeting.  There are already sufficient ballots for the meeting.  The meeting will only cover approval of the minutes and counting ballots for the tax handling proposal.  Inspector of Elections will handle the ballots.  The meeting will last only minutes.

 

Next board meeting Wednesday, October 17.

Personal Notes, HOA Meeting 08-15-2018

HOA Meeting Notes 8-15-2018

 

Directors Present:  Chris Andre, Dave Quinsey, Ed Wenz

 

Directors Absent:  Scott Kiefner, Tom Wright

 

FirstService Residential, Richard Ford, Senior Community Manager

 

Landscape report was not done.  Quinsey said they walked through.  TVRI said there is a new manager on site. 

 

HOMEOWNER FORUM

 

 

Homeowner submitted plans and is awaiting a response.

 

Security issues, trash, street lights out, cars broken into.  Some homeowners are getting mixed responses from the Sheriff's Department.  Is there a way to get more definitive information from the Sheriff about how they will help us? 

 

Directors and homeowner had a discussion about what is being done with security, and what was discussed in the past, e.g. cameras.

 

 

 

Rolls of straw wattles haven't been placed rolls Dracena and Claret as instructed.  She has tripped on rocks that came down.  Sidewalk is stained from the dirt or tree droppings that has run across the sidewalk.  It looks terrible.

 

Quinsey said it is on the list for TVRI to address.

 

She said the street lights are out and it is very dark.

 

Quinsey said that Lennar is not very responsive, but they are aware.

 

Another homeowner said that she has written to Lennar about the Morella area.  She received a response, but nothing changed, yet

 

Ed Wenz said he contacted the City about 10 lights that were out.  They were repaired within two weeks, but soon malfunctioned again, so there may be a flaw.  He said it appears lights may trigger their photo sensors too easily.

 

Ford said that to his knowledge Lennar is responsible for the street lights.  He said there is attorney to attorney correspondence in Executive Session, scheduled after the Open Session, regarding the street lights.  Ford said that Lennar knows and acknowledged that they are responsible.

 

Can we get a crosswalk from Dracena to the park?  Drivers drive very fast down that hill.

HOA response:  HOA doesn't have the authority to put in a crosswalk.  Take it up with Lennar/City.

 

 

 

Homeowner/Social Committee thanked the board and said the Movie in the Park event was successful.  She spoke to someone who works in the Sheriff's Department who said to avoid making frivolous calls.

 

Is the homeowner lot with trash on Bella Vista trash being addressed?  HOA response:  Yes.

 

 

 

Will homeowners be allowed to speak when the Design Guidelines revision is discussed at this meeting?  Ford said yes.  <Note:  They did not open it for discussion.>

 

Homeowner said that much of the landscape is in bad shape, and photos were presented.   He said that when the board decided to take some landscape areas off budget they should have had a discussion in the Open Meeting rather than operate in secrecy.  CC&Rs mandate that HOA maintain all the property.

 

Dave and Chris denied that some areas are excluded and Dave said that he had read what the homeowner had written and didn't know where he got that information.  Homeowner reminded Dave of the statements that he made in a previous meeting i.e. that he said they don't have budget for the slopes.  Homeowner reminded Dave that during that meeting Tom Wright estimated, and TVRI manager (David Rodi) confirmed, that it would double the budget to take care of all of the property the way Lennar planted it.

 

Chris said that it may be a problem with the vendor.  He asked about why the landscape committee wouldn't be aware.  Homeowner said he has been complaining and providing photos since 2012.  Homeowner said Chris talks about property values, but has no credibility on the matter as the landscape is decimated in places.

 

Homeowner asked how much TVRI reduced the cost to the HOA when slopes were taken off the budget.  Dave Quinsey questioned the legitimacy of the question in Homeowner Forum.  Homeowner said you can refuse to answer.  He said he refused.

 

Homeowner asked how many employees the HOA has.  Quinsey said that they don't have paid employees.  The homeowner said that "Personnel Matters" is a frequent Executive Session agenda item, but the HOA has no personnel e.g. tax withholding, unemployment.  The current Executive Session agenda includes seven "Personnel Matters" agenda items, but the HOA has no personnel.  The HOA is in violation of the Open Meetings Act as agendas must be accurate and the law specifies a few topics that are appropriate for Executive Sessions, and everything else must be discussed in the Open Session.  Ford said that FirstService software only allows a limited number of drop down box fields to create the Executive Session agenda and he chooses the closest topic even if it doesn't exactly reflect the subject matter.  Homeowner says that inadequate software is not a reason to fail to comply with the law and topics such as defunding the slopes should be discussed in the Open Session.  Matters appropriate to Open Session should not be disguised as other topics in the Executive Session.

 

Weeds taller than ornamentals

Weeds taller than ornamentals

Weeds

Weeds

Code requires Zone 1 to be irrigated and planted.

Code requires Zone 1 to be irrigated and planted.

Code requires Zone 1 to be irrigated and planted.&nbsp; Devastated.

Code requires Zone 1 to be irrigated and planted.  Devastated.

Erosion.&nbsp; Few plants.

Erosion.  Few plants.

Dead &amp; gone ornamentals.&nbsp; Dead tree.&nbsp; Fire fuel.

Dead & gone ornamentals.  Dead tree.  Fire fuel.

END HOMEOWNER FORUM

 

Northstar and Sky Ranch Cost Sharing Budget:  Northstar is concerned about being overcharged.  They should only be charged for shared assets.  There was discussion about what each HOA owes. 

 

Unanimously passed motion regarding 2014-2015 revised figures.

Unanimously passed motion regarding reserve study ($500) that will separate costs to Sky Ranch and Northstar shared area.

 

Designed Guidelines revision:  Ed said some late corrections were presented to the HOA and he asked how many changes would require a re-publication of the document.  Ford recommended that they have the attorney make that determination.  Ford said homeowners will also have to be notified again, depending on the attorney review of the next revision.

Ed said the attorneys got bogged down for 3-4 weeks with it and he wants to avoid that again.

Motion approved unanimously:  Allow Ed to make changes, review by attorney, then vote at a future meeting.

 

Fence Maintenance Correspondence:  Still need clarification about who is responsible for the fences at issue.  Wenz and Kiefner to meet and research, and advise board at the next meeting.  Motion approved unanimously.

 

Possible Post Office Box Relocation:  Postmaster didn't meet with homeowner initially, until she contacted HQ.  Only then did the Postmaster contact the homeowner.  She said it needs to go to HOA to see if they can move it across the street.  Postal Service will not install a concrete pad but they are willing to move it.  Homeowner sent email correspondence to HOA.  Ford recommends having the attorney review it for land use and other issues.  Ford said they will need something in writing from the Postal Service rather than simply an email.  For example, a letter from the Postal Service stating that they are willing to move the box.

 

Draft Annual Operating Budget.  Approved unanimously.  Effective October 1, new assessment $215

 

Homeowner Correspondence:  A request to add fencing at Monticello and Brockway.  It was unclear what they are requesting.  A letter will be sent to the homeowner requesting additional information.  This is the area that the Habitat Manager previously requested additional fencing.

 

The new FirstService Sky Ranch Community website is under construction.

Personal Notes, HOA Meeting 06-20-2018

HOA Meeting Notes 6-20-2018

 

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

 

FirstService Residential, Richard Ford, Senior Community Manager

 

Fuel management is being handled;  communicating with Fire Department.  Date pushed back because vegetation is still too green.

 

 

 

HOMEOWNER FORUM

 

Thanks for TVRI doing some work on Dracena.  Request additional work picking up clumps.  Snake fence pulled up, can they push it back? Willing to pay an extra $20.  Maybe it was pulled up by an animal, but maybe it was done by TVRI.

 

 

 

Homeowner didn't receive July 4th parking passes.  HOA response:  They were mailed and emailed.  Board has some available at this meeting--gave her a sheet, as well as other attendees. 

 

 

Months ago homeowner reported a prohibited Pepper tree on HOA property.  It is still there.   HOA response:  It is not on the prohibited list in the CC&Rs.

<Note: Pepper trees are prohibited by City code in Fuel Modification Zone 1.  Sky Ranch is in a wildland-urban interface area (WUI).  "Highly flammable trees such as, but not limited to, conifers, eucalyptus, cypress, junipers and pepper trees are not allowed in WUI areas."  http://cityofsanteeca.gov/government/departments/fire-life-safety-services/fire-codes-regulations-fees/wildfire-defensible-space>

 

 

Tacos in the Park was successful.  Perhaps the HOA will allow the excess funds to be applied to the next event rather than return it.  There was some discussion about whether the funds could be handled that way.  HOA response:  We will figure it out.

 

 

After repeated discussions about landscape over the years, only at the last meeting did Dave Quinsey say that money was not budgeted to maintain slope landscaping.  That kind of secrecy is distressing.

 

$213,349 for landscape and irrigation in 2017.

$137,747 in 2017 for Management and Legal (Management $30,416, Management Reimbursables $15,338, Legal and Professional $91,993).  Given the lack of enforcement these expenses are too high.  The HOA had a less expensive lawyer previously, yet now you say there is no money for slope landscape.

FY2017 Budget.JPG

Almost no enforcement.  Only $1000 collected in fines last year.  There are no lawsuits, not even small claims cases, to enforce rules or collect fines.

Announcement:  Anyone who still owes us for legal expenses will find that we have a lien on their property.  <Note:  Money spent serving documents is included.>

 

At the last meeting, Tom Wright <notably absent during this discussion> said that Lennar planted landscape to sell homes.  He had talked about how expensive it would be to maintain all of it, justifying the absence of budget for some of the landscape.

 

The homeowner handed out documents to refute his statement.  He said, that the City determined how the development would be constructed.   At the end of this article (http://legacy.sandiegouniontribune.com/uniontrib/20050402/news_2m2santee.html) Mayor Voepel said, "I want incredible landscaping.  I want it to look like a forest up there.  I intend to torture (the developer)."

 

City Resolution 37-2005, re Sky Ranch, states,

 

 "All ornamentally planted slope areas shall contain trees, shrubs and groundcover...."  "All slope landscaping shall achieve 100 percent coverage within nine months of planting or additional landscaping, to be approved by the Director, shall be required..."

 

CC&Rs explain mandatory landscape maintenance and how the resolution is binding on the HOA.  It is part of the CONDITIONS OF APPROVAL.

 

CC&Rs

"1.1.13 CONDITIONS OF APPROVAL shall mean and refer to Resolution Nos. 037-2005..."

 

"4.1.1. The Association shall have the sole and exclusive right and duty to manage, operate, control, repair, replace, or restore the Association Property, as defined in Section 1.1.43 herein, all in accordance with the Community-Wide Standard of maintenance and the CONDITIONS OF APPROVAL for the Community." ...  "The Association shall operate, maintain, and repair all common open space and improvements as shown on the Map(s) for the Community in accordance with this Declaration primarily for the benefit of the residents of the Community and shall continue to operate, maintain, and repair such open space and improvements until such time as the operation, maintenance, and repair of the open space and improvement is assured by some public agency, district, corporation or legal entity approved by the City, all in accordance with the CONDITIONS OF APPROVAL for the Community..."

 

"17.2.1. The Association shall at all times provide for the maintenance of all Association Property in compliance with this Declaration and the CONDITIONS OF APPROVAL for the community."

 

The Directors have a fiduciary duty to maintain all of the landscape.

City Reso 37-2005 Landscape.JPG
Conditions of Approval.JPG
CCR 4.1.1.JPG
CCR 17.2.1.JPG

END HOMEOWNER FORUM

 

 

Ed Wenz said that street lights are out on Claret, Sevilla etc, and are the responsibility of Lennar responsibility.   

 

Lien approval for three accounts.  <Liens are applied to homeowners who fail to pay HOA fees.>

 

NorthStar and Sky Ranch Cost Sharing Budget - tabled again

 

Security Patrol Request--The announcement informing homeowners about calling the security company wasn't placed in the last newsletter, but will be in the next.

 

Fence Maintenance Correspondence.  Ed reviewed the fences.  Scott still needs to review which ones that the HOA is responsible to maintain.  Need to get bid.  Approved unanimously.

 

Draft Revised Guidelines:  Digital and paper.  Ed explained the formatting and some of the changes.  The document will be sent for printing.  Ford recommends adding a cover letter, perhaps template by the attorney.  Homeowners have 30 days to review it once they receive it.  There will be an opportunity for homeowners to discuss it at a meeting.   It will also be sent via email and homeowners will be able to download the searchable document on the FirstService website.  Approved unanimously.  Board thanked Ed Wenz for all of the work that he did on the revision.

 

Variance re 6101 Castilla  - Quinsey.  Variance request for patio cover with less than 10 ft setback--the post is 5ft from the fence.  Approved unanimously (Quinsey abstain).

 

Draft Annual Operating Budget--tabled.

 

Possible Postal Box Relocation:  This request was discussed at the last meeting.  Tom said he discussed it with the Post Master, who left it up to the carrier.  The carrier is satisfied with the current location.  Tom will follow up further.

 

No Trespassing Signs at Drainage Basin:  Quinsey says we risk liability without signs posted.  Discussed four signs.  Homeowner asked about locks on gates at Calico drainage basin where people have been skateboarding.  Quinsey told her that Padre Dam had a problem with locks on the gates.  Further discussion about Padre Dam and the issue with locks.  Unanimously approved $500.

 

Homeowner Correspondence:

Scott told directors to read the correspondence at another time outside of the meeting.

Personal Notes, HOA Meeting 05-16-2018

HOA Meeting Notes 5-16-2018

 

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

 

FirstService Residential, Richard Ford, Senior Community Manager

 

David Rodi of TVRI--Marigolds at monument decimated by rabbits, replacing with Marigolds or other.  Mulch scheduled for June-- Cala Lily, Dracena.  Per Scott, Top of Mariposa and lower Mariposa needs mulch as well, and end of Mirador.  Rodi said Rainbirds and "smart controllers" are working.

 

 

HOMEOWNER FORUM

 

Homeowner lives on Claret.  She cited CC&Rs "Article 8.3.2. Limited Non-Residential Uses Permitted. No part of the Community shall ever be used or caused to be used directly, or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending or other such non-residential purposes…"  The businesses that are permitted in homes should not disturb others.  Two homes have day cares, for certain.  She has been tailgated repeatedly (customers).  People leave cars in the street.  Children are disrespectful to homeowners and their space.  The responsible parties were dismissive when approached.  Lot P has been damaged because parents and children have stomped them down.  She saw a child damage a Jacaranda.  Cardboard, trash, and clothing have been left on the lot.  She is no longer comfortable confronting the homeowners.  They say children will be children.  We have a park that the children could use for play.  She is extremely frustrated.  She quit coming to meetings because her concerns were dismissed.  She hopes it is different.  2-3 day cares are damaging property value.

 

CC&Rs 8.3.5 limit motorhome parking.  One has been parked for longer than 48 hours

 

When was the last time the property was inspected via walk--not simply driving through.  She has seen a loveseat, chicken coop on Claret, Christmas decorations, unsightly yard etc.  Property Manager should be dealing with it.  This is abhorrent.  She doesn't like it.

 

Quinsey told her to send an email to the HOA identifying properties and issues.

 

She said rules seem to apply to one house, not another.  The rules need to be followed.

 

Quinsey said he is not sure they are prohibited from entering Lot P, but they are prohibited from causing damage.  She said homeowners are liable for the damage that they do.  One of the homeowners at issue said that she is willing to pay for the damage so that her kids can go there.  She is dismissive when approached.

 

She asked property manager Ford if he ever walked the area.  Ford said that he has never walked the property because it isn't included in the contract.  Richard said the violations are frustrating for homeowners because it appears nothing is happening even though the item is on the board's radar.  He said that homeowners are resisting.  He said, "Does the HOA impose fines?  Yes, including tonight."  Ed said the issues are on their radar.

 

Scott said most of these issues have not come before the board.

 

Richard Ford said California law protects day care.  Homeowner asked about dealing with the nuisance it creates.  Scott said it's the first he has heard of it.

 

 

 

Homeowner addressed the first homeowner.  He said Ford and Ed said the items she complained about were on their radar, yet Scott said it was the first time he had heard of it.

 

Ford did not reply to my email.  The Oak by my house that died 6 months ago was replaced with a Palo Verde.  Who authorized it?  Rodi of TVRI said that he did.

 

Example of more mature Palo Verde

Example of more mature Palo Verde

Open Meetings Act:  Items must be listed on the agenda if the board is going to have a discussion.  "Homeowner Correspondence" is not specific enough to let homeowners know that an item of interest is being discussed. 

            State Attorney General:  "The agenda items should be drafted to provide interested lay persons with enough information to allow them to decide whether to attend the meeting or to participate in that particular agenda item."

 

The HOA conceals their lack of action.  Despite the hinting, as shown, they are suing no violators.  HOA won't even give aggregate data that would preserve privacy, e.g. fines and violations per quarter, without individual information.  So, as a budget question, how much money was collected in fines in the last fiscal year?  HOA response: $1000.

 

Homeowner handed out landscape plans for the slope between Mariposa and Mirador, and an email to the board.  The email showed that he sent the plans to the board on December 17, yet at the April meeting the board said that they didn't know the plan for that area.  Plans show Coyote Bush, Tipu's, Oak etc, not cactus and Palo Verde.  Ed asked if they were "As-builts.". Homeowner responded that he had photos showing the slope was planted according to the plans, but the HOA allowed most of it to die.  The Oak by his house should not have been replaced with a Palo Verde.  It is not on the landscape plans (pdf plant map, pdf plant legend) and is inconsistent with the palate.  The HOA is singling out these homeowners and has no intention of taking care of that area, so they planted a stick.  Homeowner asked if they were going to restore the landscape on the slope.  They said that they didn't know.  Homeowner complained that they planted a bunch of trees along the length of Triana <and Bella Vista>, that weren't part of any plan, to hide neglected homeowner slopes, meanwhile the HOA slopes by their home were neglected and dying. 

Plant Map

Plant Map

Plant Legend

Plant Legend

Homeowner said that she sent email about the Claret/Dracena area.  She sent photos and showed them at the meeting.  Dandelion is taller than Bougainvillea.  Grass and Coyote Bush is growing through the fence into their yard.  She said that they don't even have grass.  They (HOA) need to walk the neighborhood.  They paid $50 per month to an HOA in Louisiana and they mowed their lawn.  We pay $200 here and they aren't servicing this.  She doesn't want to attack anyone but doesn't know how they miss these weeds.

 

She again brought up the fence maintenance where there is an HOA easement.  She thinks it is in her purchase agreement that she is not responsible for that section of fence.

 

 

END HOMEOWNER FORUM

 

 

Ed asked the homeowner if he had digital copies of the community landscape plans and if he would supply them.  There are too big for email so the homeowner asked if he could drop them off at Ed's house.  Ed said, no, send them to Richard.  Homeowner said to send him an addressed and paid envelope and he'd send them.  <During Homeowner Forum he said he would supply them to homeowners upon request, or put the entire set of City supplied plans on the website if there is interest.>

 

Cost sharing:  Meet with Bill Turner and Northstar.  Scott thanked Quinsey for his work.  Unanimously approved to send to the Finance Committee

 

Security Cameras--on agenda by mistake.

 

Security Patrol Request about taking calls from homeowners and adding patrols.  5 patrols per night.  $335 per patrol.  $2130 is go to six patrols.  One per hour, 9 patrols, $3195.  The patrols in response to homeowner calls would come out of the contracted patrols.  Their dispatch operates 8pm to 5pm.  Sheriff wants the homeowner to call for crimes in progress.  Quinsey concerned about homeowners calling security when Sheriff is more appropriate.

security company answered previous questions as follows:

 

Calls would be logged.

Dispatch will tell the homeowner that the victim is required to call the Sheriff for crimes.

Dispatch calls answered 8pm-5am unless on break or other call.

 

Tom said that he didn't see that we need them.

 

Chris motion to allow homeowners to contact security dispatch.  Chris, Tom and Ed approve, Dave and Scott opposed.  Motion passes.  Chris will supply information to be given to homeowners.

 

Homeowner correspondence--said something about it being handled last month.

 

Design Guideline edits by HOA attorney.

Took out word boundary, changed to side and rear, regarding fence relocation prohibition.  The goal is only to clarify the CC&Rs in the Design Guidelines. 

pg 36 Homeowners must have permit anyway i.e. why include this?

pg 38 Comment -- he struck something that goes far beyond landscape.

Correct Do Not Plant List.  But they added Rosemary since it is in the CC&Rs.  There are different varieties--it will be clarified.

pg 51 Wording changes must versus may

pg 64. Installation of flag poles, flags themselves are an involved legal issue.

Antenna language should perhaps be removed.

 

Ed asked for further suggestions on submittals, fence color etc.

The document has to be formatted and cleaned.  Everything needs an address so provisions can be cited.

 

Quinsey thanked Ed for all the work that he did on the document.

 

Variance request:  7228 Ocotillo.  Ford did not have the file at the meeting.  They considered tabling it.  Ed later used his laptop to allow them to review the plans.  DRC Meeting of Tom, Ed, and Mike Long discussed it.   The concern is the wall may be too big facing the other homeowners.  Added pilasters, and planters to the plan.  The size is large and the stone doesn't match the hillside, and it was tentatively approved, but the type of stone has not been determined.  Guidelines say the stone should match the house.  Consider suggesting a two tier structure rather than a 8 ft wall to break it up.  Ed asked how it would look to homeowners across the street when they open their door to an 8ft wall.  Variance to go past the slope.  Approved Chris, Ed, Tom, Dave.  Scott voted no.

 

July 4th logistics and street closing similar to last year, not to exceed 10% increase.  Approved unanimously.  Scott said the July 4th closing is the Bruno legacy.  Kathy did a lot of work.

 

Landscape proposals:

Approved unanimously.  Details not discussed.

 

 

Tom expressed concerns that the slopes are not handled, while pretty plants are placed in key areas.  He asked Rodi what the issue is?  Rodi said maintenance would be higher to maintain it the way Lennar planted it.  Tom said that it is a perception problem of the homeowners.  Tom said the cost may be too high to maintain it the way Lennar planted it to sell homes.  Tom asked Rodi if it would cost twice as much to maintain it the way Lennar planted it.  Rodi said yes.  Quinsey said they are making improvements, but they don't have the budget for slopes.  Quinsey said there remain water pressure issues on Ocotillo.  A homeowner interjected about the landscape.  Then another homeowner said that the HOA managed to kill Coyote Bush promptly.  He said to Rodi (TVRI), that his crew cut nearly everything to the ground when they cleared brush.  One of the directors asked why.  Rodi said they clear brush for fire hazards.  Homeowner said that they aren't supposed to cut the ornamentals.  Tom closed the discussion from homeowners.

 

Homeowner Correspondence:  The issue has been covered.

 

Homeowner Correspondence:  Nothing discussed

 

Homeowner Correspondence:  Open Meetings Act.  The vote to send a letter was not a violation of the Act.  The letter was written previously in open session.

 

Boardmember Requests

Ed:  Large number of homeowners are starting construction without submitting anything.  Suggest letter explaining reasons for submittals, even if painting something the same color.  Want to avoid homeowners installing something prohibited because someone else installed something similar.  Going to spend 90% of time chasing 10% of homeowners.  Ed suggested that directors review the letter and work on another draft so that it is worded well.  Tom will work on the next draft.

 

Ed had mapping or to identify fences abutting HOA landscape.  It will be used for reference when discussing maintenance.  Ed sought clarification from Dave about which fences the HOA is maintaining vs the homeowner.  Scott said it is the HOA responsibility or not.  Ed suggests that perhaps the HOA should maintain some homeowner fences.  Scott is still trying to determine which fences the HOA is responsible for vs homeowner.  Several examples were discussed.  Ed asked about the street going to Whissel.  On the left, who manages the little strip of landscape?  Scott said the fence belongs to the homeowner on the left, he believe they are responsible for the landscape strip too, but they will check.  Ford said clarification on fences may be done by checking title reports.  Scott said the HOA doesn't have the authority to paint a homeowner's fence.  Ed suggested his tool might help them determine who is responsible for slopes.

 

124 patio covers

114 compliant

7 issues e.g. approved by prior boards

Solid roofs were approved when they should not have been.

 

An example of an issue.  Homeowner installed a non-compliant patio cover, violation not found by HOA, then the home was sold. 

 

Found a new one that was never approved.

 

There is an open violation <redacted>.

 

There is one solid cover roof Ed could find no record of a submission.  Imagery used came from the survey footage and Google Earth.

 

Next Meeting Scheduled June 20, 5:30 pm Executive Session, and 6:30 pm Open Session.

Personal Notes, HOA Meeting 3-21-2018

HOA Meeting Notes 3-21-2018

 

Directors Present:  Dave Quinsey, Ed Wenz, Tom Wright

 

Directors Absent:  Chris Andre, Scott Kiefner

 

FirstService Residential, Richard Ford, Senior Community Manager

 

 

HOMEOWNER FORUM

 

There is a lot of dog poop in the park.

 

Neighbor is throwing trash and food over the fence.  When they contacted other agencies they were told to rely on their HOA.  Ford said that he didn't see the trash during inspection.  He told her to send another email.  Another homeowner said that she had sent a photo to the HOA. 

 

She said that the homeowners did not put out the rock that was presented to the neighbor.

 

She and lawyer friend did not see what the litigation issue would be with the Little Libraries (https://littlefreelibrary.org).  What is the fear?  Ed said that they would not have control of what is placed inside.  Homeowners said pornography or profanity might be placed inside.  Ford asked, "Who is responsible for maintenance?"  She responded, the book club.  Could someone put it on their property?  HOA responded, that you can submit a plan to install one, but neighbors might not agree, and they might disagree with people congregating near their home.

 

 

Homeowner again asked about painting the fence around Claret and Dracena.  Homeowner said it was approved.  Ford said it wasn't approved and he said that he checked with Scott who agreed.  Dave said it was approved.  It will come up later in the meeting, but Ford said it wasn't approved.  It really needs a retaining wall.  People don't want to climb the slope to paint it.  Dave said the board approved the contract to paint it.  Dave said the contract was not put out for bid.  Ed said he prepared some of the specs of the contract.  Tom said it would be covered later in the meeting and that it would be fixed.

 

 

 

How does the board effectively enforce our HOA guidelines?  What is it you do now?  Ford said that they do something but they have limited enforcement potential.  They can impose fines, use Internal Dispute Resolution (IDR), then file a lawsuit.  He said it is time consuming and costly.  Another homeowner said only two small claims cases have been filed (not standard lawsuits represented by attorneys).  He said the loser pays the attorney fees so the HOA needs to pick a good case and make an example of a violator.

Sky Ranch cases.JPG

The two cases involving homeowners are highlighted.  The case against Patricia Rieta, I suspect, involved fines for violations for trailers parked at 3171 Mirador by tenants, among other violations.  The case of IC RAM LLC is the house on Bella Vista that was notorious for a time.  Neighbors complained about drug activity, but I don't know the basis of the small claims action.

 

Thank you for putting something in the newsletter about speeding and running stop signs.  She said it has helped.  Another homeowner interjected that it remains bad on Sevilla.

 

Ed said they welcome information for the newsletter.  Another homeowner said that she presented information on fire safety, but it never appeared in the newsletter.  

 

 

 

The dead oak the HOA was notified about in November is still there.  The board deferred to David Rodi of TVRI who said they are waiting to see if it is really dead.  <Photo below 4-14-2018>

Oak 4-14-2018.JPG

The board should receive color photos not illegible black and white copies.  Suggested web based or iPad.  HOA response:  they now receive pdfs.

 

Permits are stamped that homeowners must comply with CC&Rs.  While the HOA doesn't enforce all city code, the rules and variances should not conflict with city code.  For example, there are city codes for setbacks, lighting, and the amount of the front yard that may be paved (and by the way, the excessive paving of front yards may cost the HOA in the lawsuit over drainage).  The rules were written to comply with city code.

 

At the last meeting the HOA rewarded non-compliance by approving a variance at 7207 Ocotillo for construction that was done before it was approved.  At that meeting Ed even commented that they were pigeon-holed.  As if the HOA must approve the variance since the construction was started.  Ford couldn't even figure out what specifically was being allowed.  Scott simply directed Ford to write the variance as approved as planned, rather than specifying which rules were being excepted, and how.

 

END HOMEOWNER FORUM

 

3 yr loyalty plan reserve study--Ford maintains his previous recommendation

Delinquency policy updated with changes from state law.

 

 

Northstar/Sky Ranch Cost Sharing--communication continues.

 

Fence request inquiry letter to Markus Spiegelberg was sent.  <Spiegelberg sought to block access to area below Monticello.  This letter is apparently the HOA response.>

 

Security Patrol--issue tabled.

 

Homeowner correspondence--

 

Landscape enhancement proposals. <There are gaps in the notes as they rattled of these details quickly and it was difficult to keep up.>

Pretty up the monument color at the entrance.

 

Bella Vista retaining wall plants dead and/or expired.  Replace Bougainvillea, Tecoma Stans to replace dead Coyote Bush. $849

 

Triana--<missed it>

 

Cala Lily--filling empty spot along retaining wall $888 42 plants

 

Mariposa/Marvila--Lantana, Trailing Rosemary, Bougainvillea. $676 35 plants

 

Top of Mariposa--lost a lot of Coyote Bush, lots of bare dirt.  Install Bougainvillea $651 for 21 plants

 

Replace two Oaks on Sevilla killed by bore beetle.  Recommend replacing with Jacaranda

 

Iris slope

 

It can be done in the next two weeks.  Myoporum and Coyote Bush has a short life span.  Dave discussed where from the budget the money should come e.g. landscape reserves vs. landscape enhancement

 

Tom asked TVRI what additional improvements are necessary?

Dracena cul-de-sac

Calico cul-de-sac

Approx $3000

 

What about Monticello?  They noted some holes, but it is tabled in order to prioritize.

 

TVRI replaced plant die off on Ocotillo and Mariposa that were not natural die off.

 

Homeowner said irrigation not running along home at Mirador.

Dracena has bare spots.  TVRI said that it is planted for growth, rather than over planting which won't work long-term.  They may put straw waddle to prevent runoff erosion.

 

Mail station on Castilla.  Dave said we should look into moving it.  He said he is surprised that the Postal Service will still deliver there given the danger.  Tom will check with the Postal Service.  Dave read the suggestions discussed at the last meeting.  Homeowner asked about installing a stop sign.  The City would have to install it.

 

Potential Design Guidelines Revisions.  Dave thanked Ed for his extensive work on it.  The document (pdf) will be sent electronically to homeowners for comment.  It is color coded:  Blue is new.  Red is dead.  Some redundancy is deliberate e.g. covered in the CC&Rs.  Font has been improved so it is a little longer document.   Dave asked about Rosemary.  It is prohibited but there is a lot of it in the community and the HOA has planted it.

 

 

There was a discussion about how much time an approved plan should be valid i.e. how long to complete the installation.

 

Also discussed that ongoing maintenance is required.  There are instances where there is not maintenance e.g. shredded flag.  Garage doors--some owners will want doors that allow light to shine through.  Dave commented that those doors have to be non-flammable.  Fence stain color will be included in the Design Guidelines as well as recommendations for care.  Encourage homeowners to review it.  <image below may not be one of the examples mentioned>

 

 

Flag.JPG

Ed will make two changes, time frame for completion and non-plant list (Rosemary).  Unanimously voted to submit it to the attorney when Ed makes those changes. 

 

Ford said that hard copies of the proposed revisions must be sent to homeowners.  Will discuss delivery later.

 

Homeowner correspondence:  Dracena landscape and fence.  Already discussed in the meeting.  The fence is the homeowner's but the land belongs to the HOA, so the HOA is handling it.  Ed wants to ensure that the whole fence line is done vs. hodgepodge

Landscape committee will review planting.  Board will check again to determine who is responsible.  Tabled

Personal Notes, HOA Meeting 02-21-2018

HOA Meeting Notes 2-21-2018

 

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

 

FirstService Residential, Richard Ford, Senior Community Manager

 

HOMEOWNER FORUM

 

 

Ford had stated that an item was on the agenda of the December 20 meeting.  The item wasn’t discussed.  After that meeting Ford again said the item was on the agenda but the board chose not to address it.  After that meeting, when asked why it wasn't addressed, Tom said, he doesn't make the agenda.  Who was right?  Was it on the agenda for December 20 or not?  HOA response:  Scott said he didn't have the item in front of him at the moment.  Homeowner said a bogus agenda violates the Open Meetings Act.  Also, matters being discussed must be disclosed in sufficient detail so people can attend for items of interest.  Disguising items to be discussed under Homeowner Correspondence does not provide sufficient detail, therefore it violates the law.

 

Why weren't homeowners informed that irrigation had been turned off?  No HOA response.  Homeowner suggests including such information in the newsletter.

 

Didn't the $20,000 smart meters tell us anything?  Any HOA oversight?  Why did you spend the money on a system you are now suing to replace?  You didn't know it was malfunctioning, yet it is bad enough that the HOA is now suing?  No HOA response.  Homeowner said that the board discussed irrigating landscape by the apartments on Graves, while our landscape was dying.  The landscape next to their house is in bad shape.  The dead oak tree that was reported in November still stands--dead.  "You are damaging us."

Dead-Oak.jpg

END HOMEOWNER FORUM

 

Discussion of reserve study contract e.g. 1 vs 3 years.  Unclear when next study is due, what is required etc.  Tom then read that it is required every three years.  It has been two years since the last.  Issue tabled pending further clarification.

 

Northstar Cost Sharing:  Ford says, Northstar has not replied to the latest communication.

 

Fence inquiry:  Markus Spiegelberg, Preserve Manager, Center for Natural Lands Management (https://cnlm.org/portfolio_page/rattlesnake-mountain/), seeks to block access to a road, but Scott said the road and the land a few feet on each side of the road belongs to the HOA (pdf).  Residents use the road to go to the school below.  Spiegelberg apparently wishes to limit access.  Scott says only a portion of the land is preserve land.  HOA will send a reply letter.

Security Cameras:  Chris Andre spoke with the Sheriff's Dept. about whether they could review security cameras to review incidents.  Sheriff Dept. indicated that they could review cameras if the HOA provided access.  Richard Ford asked if the level of crime warranted HOA installed security cameras.  Scott and Tom discussed the privacy aspect, i.e. "Big Brother."  Scott said the Sheriff Dept. is, of course, in favor of it.  Chris said a high end estimate to install security cameras is $50,000-$60,000.  This would cover the entrance, not the rest of the community.  Homeowners have cameras but they are often low resolution and not license plate readers.  Scott said that the Northstar community would need to be consulted.  There have been two break-ins.  Chris said putting up signs would be a deterrent even if we installed lower cost cameras.  The HOA can't put up signs warning of cameras unless cameras are installed.  Dave and Tom said it isn't worth it.  Chris thinks the community should be consulted.  Scott asked Chris to research what other HOAs have done.  Ed suggested installing a sign that says the security company is monitoring.  Scott said that crack heads don't care.  Tabled for further research.

 

 

Security Patrol Request:  Incidents--suspicious person, Bravo 3 called sheriff, he had a crack pipe.  Most incidents that Bravo 3 has handled have been people loitering.  Bravo 3 suggested that they might be more effective if homeowners were allowed to call them.  Scott doesn't want homeowners calling Bravo 3 instead of calling the Sheriff.  Bravo 3 said they would not increase the fee and they anticipate 1 or 2 calls on any night that they get calls.  Chris made a motion to provide the phone number to homeowners.  No directors seconded the motion so it failed.  If homeowners don't call the Sheriff there will be no record of the need for service.  Topic tabled for further research e.g. Can Bravo 3 notify the Sheriff that they will be responding? 

 

Design Guideline Revisions--no specifics discussed in the open session.  Directors will review proposed revisions and make comments.  Directors committed to sending their reviews to Ed by March 1.  Ed will compile it and send to Ford by March 9.  Later, it will go to homeowners before it is put into effect.

 

Appeal for variance.  <Note:  There are contradictory statements as there was confusion about the project.>  7207 Ocotillo, a zero clearance pool is being installed, and it extends to the slope.  A 10ft setback from fence and slope is required.  Variance requested.  Homeowner has already started construction, though it has not been approved by the HOA, as required.  Design Review Committee recommended approval.  Unclear how close the pool edge will be to fence.  It will go 5ft past the slope edge.  Other homeowners have gone past the slope edge with vanishing edge pools.  It was noted that the lot is adjacent to open space, so less objectionable.  Ed said that they are pigeon holed because construction has started.  Ed motion to approve as is, 2nd by Chris, Dave yes, Tom & Scott no.  Approved.  Ford asked for clarification as to what specifically was being exempted by this variance <note:  because it was confusing>.  He was directed to simply document that the plans were approved in general.

 

Design Review Committee (DRC) Submission Procedure Concept:  Coordination with architect.  Ford recommends that owners submit three packages, FirstService logs, sends to DRC Chair (Ed), Ed will notify if it needs review by architect.  Architect will then communicate with DRC Chair (Ed) (copies to management).  Procedure approved unanimously.

 

Out of the previous two items a discussion ensued about City permits and code.  They briefly debated whether the HOA needs to ensure that plans to comply with city code.  They also discussed whether the City will approve plans that don’t comply with the CC&Rs.  <See City permit stamp below.>

 

 

Santee Permit Stamp.JPG

If plans do not require architectural view the $150 fee will be refunded.

 

Homeowner Correspondence:

Landscape adjacent to home is poorly maintained.

The homeowner had submitted photos to FirstService.  FirstService gave the board badly printed black and white copies that were of such poor quality that they were indecipherable. 

Dave said the landscape will be reviewed on the next landscape committee walk.  The board briefly discussed the need to get better quality photos from FirstService.

Poor-landscape.jpg

Homeowner Correspondence:

Pedestrian safety at Castilla.  Suggestions submitted via correspondence:  install stop sign at Castilla, install mirror, move mailboxes, install sidewalk, radar machine, speed limit signs, paint the road, and newsletter article.  Some homeowners are exceeding 60 mph in the area.  It is particularly unsafe at the mailbox where homeowners have to stand in the street to collect the mail.  Stops signs are being ignored.  Drivers come down Mariposa very fast.  Discussed asking the Postal Service to approve and move the mailboxes.  The homeowner who submitted the correspondence was not at the meeting.  Item tabled for homeowner to give feedback.

 

Homeowner Correspondence:

Landscape issue--no details discussed openly--landscape committee looking into it.

 

Homeowner Correspondence:

Suggest Little Free Library placed on HOA property.  Ford discussed liability.  Discussed requesting placement in the park instead.  Refer it back to Amber to request that the City allow it in the park.

 

Gopher Control Request sent to Dave by homeowner.  Board unanimously agreed to take no action unless gophers are damaging HOA property.

 

 

DRC Appointment Request:  Person had expressed an interest, though less interested at the moment.  They discussed this without stating the person's name.

 

Legislative Update:  No details discussed.

 

Adjourned 8:38

 

Next meeting March 21st

Next HOA Meeting Feb 21st, Kearny Villa Road

The following is from the email sent by the property manager when I inquired.

 

Since we just found out that the Northstar Clubhouse is still unavailable, the February 21st board meeting will be held in our office conference room at 5473 Kearny Villa Road, Suite 200.  I have reserved the room at your regular meeting times.   We hope to be back on track in the Northstar Clubhouse starting with the March 21st meeting.

I know that this isn't a perfect situation, but everyone is making the best of what is available.  
 

Personal Notes, HOA Meeting 12-20-2017

HOA Meeting Notes 12-20-2017

 

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

 

Absent: Chris Andre

 

FirstService Residential, Richard Ford, Senior Community Manager

 

The fence on Sevilla that was damaged by a vehicle going off the road has been repaired.

 

 

HOMEOWNER FORUM

 

What could we do to make the corner of Castilla and Mariposa safer?  Homeowner said that an adult and child were coming down Mariposa on skateboards.  The girl fell off near an approaching vehicle.  Quinsey said that when the City takes over the streets a Stop sign can be requested.  Homeowner suggested perhaps a mirror should be installed to increase visibility.  Another homeowner said that care must be taken with mirrors because of fire danger.

 

 

 

What is the progress and when will the bare spot at Claret/Dracena be addressed?  The board responded as if they had not heard the issue before, but said it would be discussed later in the meeting.  Another homeowner said that he heard this same homeowner present this issue to the board at several meetings.

 

 

 

Homeowner suggests in-service with Fire Department.  Previously presented information about fire was supplied.  Kiefner responded that he is in contact with the Fire Chief and that the HOA is in compliance.  Kiefner said that the HOA also took action based on information presented at City Council.  <Note:  Note taker spoke at a City Council meeting and the HOA was instructed to clear brush on Lot L.>

 

 

 

Homeowner complimented the proposal for the Legal Committee to research a requirement that prohibits people with violations from running for the board, as other community CC&Rs prohibit. Violators who were running for the board haven't been attending meetings.

 

Homeowner thanked the board for putting one of his items on the agenda at the last meeting.  He said that's never happened before.

 

Homeowner criticized the board for sending a letter about photography of violations and told them that they repeat defamation at their legal peril.  The board should spend their time on landscaping rather than unenforceable letters.  He recommended the board educated themselves on the First Amendment.

 

END HOMEOWNER FORUM         

 

Consent Calendar:  little discussion

$50,000 CD investment recommendation.  Approved unanimously.

Tax Return.  Approved Unanimously

 

 

NorthStar and Sky Ranch Cost Sharing Budget:  Line of communication has been set up, but no reply from NorthStar, yet.

 

 

Security Cameras:  Tabled due to Andre absence

 

Security Patrol Request:  Tabled

 

Potential Design Guideline Revisions:  Not ready to be presented to the board, just yet.  Later, it will be presented to the community.

 

 

Landscape Enhancement Proposals:

 

New TVRI Manager David Rodi addressed the board and said the following:  The condition he encountered was inadequate (i.e. the landscape should have been better cared for).  His predecessor stole from the company in the form of wages and work not done.  Now they are working on areas of greatest impact first.  Our guys are working hard with more direction.  They are proud of the work they are doing.

 

Wright said all of us are paying for the work that was not done.  Rodi attributed much of the deterioration to the drought.  Wright said we found out after the drought that water had been turned off.  Rodi said they should have been notified.

 

Quinsey said there are water pressure issues in places.

 

A homeowner requested a timeline so homeowners will know that they are being listened to.  Directors were receptive to the idea of informing homeowners of landscape plans. Wright suggested a map showing what is being improved, and planned for improvement. Wenz asked TVRI to supply maps with proposals.

 

Another homeowner said that the deterioration started before the water restrictions <June 1, 2015>, and that he repeatedly reported it and gave photos to the board.  He said the HOA planted trees on Triana during the drought while landscape was deteriorating.  

 

Google photo,&nbsp;July 2011, Landscape that was installed by Lennar.

Google photo, July 2011, Landscape that was installed by Lennar.

Google photo,&nbsp;May 2015, before water restrictions

Google photo, May 2015, before water restrictions

 

 

Landscape Committee Recommendations:

 

Installation of straw waddle

 

Mirador slope planting: Mexican sage, Lantana, Straw waddle

 

Bella Vista and Cala Lilly corner:  Lantana

 

Dracena slope:  Rosemary & Bougainvillea

 

Sevilla Street & Iris: Tacoma

 

Landscape Committee recommendations unanimously approved

 

 

Next Meeting Wednesday, January 17, 2018

Personal Notes, HOA Meeting 10-18-2017

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

 

FirstService Residential, Richard Ford, Senior Community Manager

 

Fence repair, where the vehicle went off the road near Northstar, should be done soon.

 

 

HOMEOWNER FORUM

 

 

 

140 people attended the Social Committee event.  It went well and there was a lot of positive feedback.

 

Next event, Christmas light judging, they hope to get a sponsor.

 

A cookie event is forthcoming.

 

 

 

Because you allowed homeowners to bring a non-homeowner into a meeting to serve documents, here is an update.  The homeowner's ill-fated civil harassment petitions were denied.  A restraining order was placed and remains on one of them.  Through settlement and court order the homeowner petitioners are required to pay the homeowner $8861 in legal costs. 

 

In the August meeting Director Andre accused Melissa of providing HOA legal documents which were posted on a public website.  In fact, FirstService provided those redacted documents.  At that meeting Melissa said that she might have been slandered by the statement.  Assuming the website was the homeowner’s site, the statement about the homeowner were false as well.  No one on the board even asked the homeowner where the invoices were acquired.  Such reckless behavior places the HOA at tremendous risk of liability.

 

One of the purposes of posting the invoices was to show the legal expense to the HOA for fence relocation issues.  The homeowner suspects that Chris may be acting this way because of his fence relocation violation, and probably because Melissa has disagreed with him.  The board needs to protect the HOA from this needless liability, and should use the provisions of the bylaws and remove him from the board.

 

The landscape.  Fix the landscape.  What else do we pay $200 per month for?  We have no club house, no pool, nothing.  We have only landscape, and it is in terrible condition in places.  For example, the slopes by homeowner’s house look terrible and are fire prone. 

 

The City says that the HOA is responsible for Lot L behind their house.  The HOA has dragged its feet leaving that lot in violation of City Code and placing their home and others at risk of fire for six years.  The City finally acted so the HOA is cutting the overgrowth.  The HOA needs to fully comply with its responsibility and avoid this liability.  The time for negotiation has passed.  The 12 hr per day irrigation that the homeowner tried to alert you to would've fueled a drip system there for a lifetime.  To use the safety of their family and home as a bargaining chip with Lennar is a sick cynical tactic.

 

 

 

Common area in front of a house on Claret is supposed to be maintained by the HOA, though it might appear that the homeowner is responsible.  HOA Response:  Landscapers will be informed.

 

For Sale signs have been posted on HOA property.  Recently, five have been placed.  They should be removed.

 

Chris is in violation and the bylaws allow him to be removed. You should declare his seat vacant and replace him.  He doesn't speak for the majority as he proclaims.  HOA board of director candidates with his point of view got 167 votes vs 367 votes more in line with the current board majority. 

 

Twenty-three days after sending a notice of completion to First Service, they sent a note that they couldn't open it.  Homeowner re-sent it.  Still no response.

 

 

 

Sprinklers near our house don't appear to be functioning.  Vegetation has died.

 

Another homeowner interjected that it appears to be a problem throughout the community.

 

 

 

END HOMEOWNER FORUM

 

Consent Calendar approved unanimously

 

Lien for account 0133-01

 

Foreclosure

 

Trellis Repair on Mariposa.  It appears it may be vandalism.  Homeowner said she saw footprints on it and sent a photo to FirstService.

 

Holiday Lighting--$1242.96; $729 approximately if we exclude Jacarandas, using same vendor as last year.  $1242.96 approved unanimously 

 

 

Cost sharing with Northstar:  Northstar has taken no action.  Kiefner spoke to their board and said that they are waiting for our HOA.  Ford said Northstar manager said they haven't heard from their board.  Ford will attempt again.

 

Lands Management Request for Fence:  The street is ours to use and part of the trail system.  A no trespassing sign was posted, but the residents may use that road/trail.  <Bottom of Monticello>

 

Security Cameras:  No answer yet for outside entity to monitor.  Tabled.

 

Security Patrol Request:  Tabled.

There was a discussion about patrol procedures.  Castilla Lookout continue to be an issue.  Homeowner concern about smoking and cigarette butts being a possible fire danger.  Call Sheriff for suspicious activity.

 

Potential Design Guideline Revisions:  A few minor changes envisioned e.g. solar, consistent language, fix conflict with CC&Rs etc.  Prohibited plant list is labeled incorrectly in CC&Rs, but it will be addressed in the Design Guidelines.  A proposal for revisions to the guidelines will be submitted to homeowners for comment.  Wenz has been working on this.  

 

Potential CC&R Revisions:  The issue appears dead.  Remove from agenda--approved unanimously.

 

$150 fee for architectural modification.  This fee was established when the HOA was using an outside architect.  When is the $150 fee required?   It will be clarified in the Design Guidelines. 

 

Homeowner Correspondence:  Put $3500 in landscape (olive trees) in front of our house, maintained by the HOA.  They irrigate it themselves.  It was supposed to be maintained by the HOA.  Landscape company said that they were told not to maintain the slope.  The HOA should get the landscape company to maintain the area.  Regardless of who instructed the company, the issue should be corrected.

 

Homeowner Correspondence:  Landscape by our house is in terrible shape.  Much of it has died again.  When landscapers did brush clearing in June it didn’t appear that they differentiated between planted shrubs and weeds.  Everything was mowed down. <Another homeowner interjected an agreement.>  Landscape next to our home is dead except a small part that we watered ourselves. 

 

 

Homeowner Correspondence:

 

 

Storm water BMP letter -- standard letter

 

Legal Committee Directive:  Explore modifying the bylaws to prevent people with outstanding violations from running for the board.  Legal committee will review it to consider getting it done.  Explore requirements.  We have one of the few CC&Rs that don't include such a requirement.  Unanimously approved the exploratory.

 

Fence damage, car over side on Sevilla:  Wright worked on it and ensured that we were compensated.  It should be fixed this weekend.

 

Next Meeting, November 29th.