From: Marta Jackson [nrcasa@isp.com]
Sent: Wednesday, March 15, 2006 7:30 PM
To: Marta Jackson
Subject: 030806 Meeting Minutes

Country Club Estates Homeowners Association

Meeting Agenda

March 8, 2006

6:30-8:00 p.m.

President, Bill Duncan, called the meeting to order at 6:30 PM.  Board members in attendance were Clete Jackson, Don Ward, Marc Diltz and Marta Jackson.  Rudy Rosenquist was absent.  A quorum was present.  Bill reminded those in attendance of how a board meeting functions (with Roberts Rules of Order) and that there would be an opportunity for homeowners to speak at the end of the meeting.

 

Approval of Secretary’s Minutes

Don Ward motioned that the minutes be approved.  Marc Diltz seconded.  Approval was given to Dick Salesses to tape the meeting.

 

Old Business

The revision of the “Declaration of Restrictions” were all approved but one, the RV Storage facility.  The RV Parking Committee previously made the following tentative recommendation:

 

An RV Parking Facility for CCEHA members only will be developed and located adjacent to the subdivision by the Grantor to accommodate a minimum of 30 spaces not later than the completion and occupation of the first 140 homes within the subdivision. This facility shall have a perimeter fence to match the subdivision’s current stone wall fencing, security lights, graveled surface and gates with locks.

 

Linda Drilling reported that she sought legal counsel prior to making this recommendation.  Her legal counsel recommends that CCEHA stay with what is in the contract.  The Committee recommends:

 

Recommendation:  Retain existing text as written per Restriction 14.  No Nuisances, below:

 

Restriction 14.  No Nuisances:

A chain link fenced area adjacent to the east boundary of the subdivision will be prepared for R.V. parking at some future date, but not later than upon completion and occupation of all 40 of the first lots on line and available for developing at this time.  Said facility will be well lit for security purposes and provided to residents for the parking of recreational vehicles.  Initially, said parking there will be a $20 per month per vehicle charge.  Should conditions mandate, said $20 fee may be increased to cover additional costs of the facility operation, but only with a two thirds majority vote by the Homeowner’s Association.  If RV parking with additional amenities shall be desired by property owners, the Grantor may add such a facility and increase the charge appropriately only to those who require the expanded facility.

 

Bill moved to accept their recommendation to retain the wording as written.  Marta seconded and motion passed.  Don Ward and Marc Diltz would like CCEHA’s attorney to review the document and make a recommendation before we proceed.

Don moved the CCEHA Board seek legal counsel/advice before proceeding.  Marc seconded. 

 

Regarding resubmitting the Declaration of Restrictions Revision, Don said that if the membership at large wishes it be resubmitted, they can petition the Board to do so.  There needs to be enough interest from the homeowners to bring it back up again. Don moved that we do nothing unless we are petitioned to bring it back to the table by at least 10% of the homeowners.  Marc seconded. Motion passed.

 

Capital Reserve Account

The Board recommends that the Treasurer explore possible caretakers for this fund (interest bearing and low fees) and submit a proposal to the Board.

 

“New Facility” - Long Range Planning Committee

John Ewart is chairing this committee.  Others serving on this committee are:  Bob Nelson, Hal Wheeler, Ben Secor, Barbara Hamilton, and Dave Curry.

 

Tape Recording of meetings

After some discussion regarding that the By-Laws advise taping of the meetings, Bill moved that the Board not record the meetings.  Don Ward seconded the motion.  Discussion followed on this matter and that there is a conflict in the By-Laws regarding the taping of the Board meetings.  A vote followed and the motion failed.  Marc Diltz moved to get a tape recorder and tape the meetings.  Don W. seconded.  Motion carried 3 to 2.

 

New Business

Treasurer’s Report

In Rudy’s absence, Bill gave the report.  Don moved to accept the report subject to audit.  Marc seconded. Motion passed.

 

Ratify new Association Attorney

Kent Cooper notified CCEHA that he is ceasing to practice privately.  He recommended representation from Delaney and Hernandez (Ms. Delaney was specifically recommended.)  Bill met with her and presented a contract/agreement from her for the Board’s approval (her hourly rate is $125).  Tentative approval was given but deferred until the Board  reviews this document; upon Board Member approval, the document will be signed and delivered to the attorney’s office so an opinion on the expectations of the RV Storage paragraph can be provided.

 

U.S. Income Tax Return for Homeowners Associations

The Association has received Form 1120-H that must be filed by March 15.  We can seek a 6 month extension.  Shirley Wheeler noted that it is a simple form to complete and a tax preparer is not necessary.  Either Bill or Rudy will complete the form.  If they determine that it is out of their area of expertise, they will seek a tax preparer for assistance.

 

Unpaid Assessments

There is ~ $4000 in unpaid assessments (approximately 30 people), some of which go back to last year.  There are also some that have not paid their initiation fee.  Bill recommends a courtesy reminder letter be mailed, and then if further action is needed, begin the process of attaching a lien.  Assessments should be sent to CCEHA 3209 Wedge Road.

 

Process under Bylaws Article XI, Rights and Obligations of the Corporation and Members

Please give the re-sale age verification forms to Bill for the database.

 

Non-profit report to State

This report is due in May and will be completed by the treasurer.

 

Committee Reports

Activities

Upcoming events will be a St. Patrick’s Day potluck on March 17 (please bring your own table service), yoga presentation on April 13 and neighborhood garage sale on April 22. 

Dawna would appreciate getting email addresses for new residents for activity notices.

 

Architecture Committee

George Lopes reported that there is nothing to submit at this time.  Dick Salesses and Betteanne Strauss will join him on this committee.  Pat Curtis has declined to serve and Linda Drilling is resigning.

 

Facilities Committee

Bill commended the committee for their work this week at the clubhouse (caulking of the building, furnace work and cleaning of the cooling unit).  Bob Nelson reported that soon they will start painting the doors.  The committee members names are in the out door bulletin board.

 

Newsletter

Tom plans to publish a newsletter in April.  Please send submissions to his email:  tws@newmexico.com.

 

Webmaster

Dawna and Jack Galbraith are working on the website and hope to have it updated in April.

 

Developer’s Report

None given.

 

Ad Hoc Committee Reports

Nothing to report.

 

Input from members

At this point in the meeting the floor was open for discussion from the homeowners.

 

There was considerable discussion regarding the format change of the Board meeting, specifically concerning that homeowners not being allowed to discuss agenda items until the end of the meeting after decisions had been made.  Some homeowners felt their opinions were not taken into consideration.  The Board stated that the homeowners are here to listen as the Board conducts business.  However, the Board feels like they are open to being corrected when wrong and when things don’t make sense.  It was encouraged that people try to stick to stating the facts and to keep emotions in check. Other attendees agreed with the format in that CCEHA Board meetings are not an open meeting (such as a General Meeting), but a Board Meeting for discussion and decisions to be made only by the Board.  A suggestion was made that if there are concerns with agenda items, the concerns should be raised with the Board members prior to the meeting.

 

Betteanne Strauss was not notified (in advance) that the RV meeting was being held in a different location and at a different time.

 

Debbie Duncan inquired about how much CCEHA can maintain in funds to stay at nonprofit status.  The Board will research this and report back.

 

Bob Nelson questioned the need for the contingency plan for living under the 2003 Restrictions document.  Bill clarified the issue, indicating that it specifically addressed the RV storage recommendation.

 

Linda Drilling commented on Betteanne’s statement.  Linda said she made an effort to notify Betteanne about the change of time and location of the committee meeting.

 

Skip Balm asked if the Board would get counsel from an attorney by the next meeting and if the Board would present the attorney’s opinion at the next meeting.

 

George Lopes would like a decision made regarding the RV parking soon.  He also feels that the treasure should not look into the investment options as this is a conflict of interest.

 

Dawna Diltz reminded everyone that there were proposed restriction changes that would have allowed for four general meetings at which homeowners would be able to have input, but those changes were not accepted.

 

Janet Secor said that the CCEHA meetings that have been held for the last four years have always allowed discussion from the floor.   Marc Diltz said the Board would take this under consideration.

 

Bob Frish said we do not have a majority of home owners represented at these meetings.

 

Hal Wheeler noted that the Board can call a special membership meeting with two weeks notice.

 

Dave Curry said he is used to being on boards where input from everyone was taken into consideration.

 

Carol Hoefer asked about Robert’s Rules of Order process of a motion, second and then discussion.  The Board clarified that the discussion is to be among the Board.

 

Barbara Hamilton agreed that discussion should take place with the board prior to the meeting after the homeowners review the agenda.

 

Marc Diltz stressed that emotions should be held under control and state only fact.  He invites phone calls from homeowners.

 

Linda Drilling asked that when the agenda is sent out, a reminder be placed there about giving the Board commends prior to the meeting.  Please include the Board Members’phone numbers.

 

Natalie Thibodeau said she moved here owning an RV and didn’t know about the RV storage facility and she moved here anyway.

 

Clete Jackson feels he represents a lot of people in the neighborhood that are not coming to the meetings because they don’t like the tone of the meetings.

 

George Lopes said he was never honored with a special meeting to discuss the letter he sent last year to the Board regarding his new clubhouse proposal.

 

Shirley Wheeler asked Clete to explain his comment at the last meeting regarding there would be a lot of changes.   Clete said this meeting was an example of what he meant in that this meeting format was different and that with a different Board there are bound to be changes made.

 

Egil Lien said that there have been several surveys recently.  He said the surveys showed that the majority of homeowners have already expressed that they didn’t want a new facility.  Bill Duncan noted that there was a motion made at the January annual meeting to establish a Long Range Planning Committee and this passed by majority vote.

 

Cathy Ward suggested that those wanting an RV Storage facility should call a special homeowners meeting to discuss this.  Addie Schmidt asked that if there is a special meeting called, that it not be held during the summer months when some residents are gone.

 

Linda Drilling asked if there was a meeting on Monday, March 6, 2006 between the Board and Jim Reedy regarding the RV Storage facility.  Bill Duncan replied that there was no such meeting held, and this is an independent Board.

 

Announcements

Linda Drilling gave the info regarding the arts group that meets on Thursday morning.  A guest artist will come once a month for a presentation.

 

Adjournment

The meeting was adjourned at 8:00 PM by a motion from Marc Diltz; seconded by Don Ward.

 

The next meeting will be Wednesday, April 12 at 6:30 PM.