Wednesday, December 6, 2023

HOA Board Meeting Minutes - 2016 to 2023

 

Board Meeting Minutes Review Beginning in 2016

I read all the board minutes available online as far back as 2016. Yep, you might say I was bored, LOL. I found that one can learn a lot from what’s in or not in the minutes. One of my objectives was to see if there is a trail for what board members were voted in and for how long. Note that anything in red are my cheeky comments. I take the HOA seriously but with a big measure of humor too. Here’s my summary:


2016

·         No annual meeting notes for 2016

·         Minutes for 2016 are serious lacking in detail.

2017

·         Nothing posted for 2017 annual meeting and January board meeting.

·         Covenant proposed changes presented in March minutes from a special meeting prior to board meeting. No details.

·         Typical of all 2017 minutes you’ll find ““the topic was discussed” with no details. Woohoo, that’s helpful.

·         May minutes noted a board member was moving and would not be replaced in 2017 and open position was not mentioned again in 2017 and the board member was no longer in attendance after July.

·         In August the board agreed to allow sewer access for a $10,000 donation to the playground project. The land on Redglobe will be deeded to the homeowner. The water connection on Mountain Rose will remain as-is. Where are the legal documents/agreements on these “exchange.”

·         In September the new playground was approved with installation set for December.

·         In November meeting it was noted that two board positions needed to be filled.

Current terms were as follows (which don’t add up logically for me and current positions are in a debate even now. The math needs to work folks.)

Jim D: 1 year left

Jaime: 1 year left

Jim L: 2 years left

Rich: OPEN

Jeff: 2 years left

Other: OPEN Carol: 2 years left


December: Board to address postings and accusations Jim Donahue expressed the concerns from the board regarding the accusations on the OF Community Events & Happenings group page. Resident guests requested the board go through the budget line by line and receive explanations for each expense. Additionally, it was requested to review the contracts for landscaping and pool maintenance contract. Other topics discussed were cost of items/services, communication between the board and residents, and future updates to the covenants/by-laws. No decisions were recorded.

2018

·         Covenant Changes: Bob Woods needs to schedule a visit with the attorney. A deadline is needed to ensure this project continues to advance. There was some concern from residents that these haven’t been readily available for community review. Jim L. explained that the document is a draft and review by an attorney only provides the HOA legal guidance on how to move forward. There will be opportunities for community review at a later date.

·         Audit: Several residents have requested an audit of the HOA financials. It was also suggested to search by Tax ID in the event there are lost bank accounts during property management company transitions. A brief discussion concluded that if an audit takes place, there needs to be a written specification detailing what it will cover. The topic will be deferred to the next board.

2018 –annual meeting

·         Introduction of nominees - Each nominee introduced themselves and provided an explanation of why they want to serve. –

·         John Guarino was removed from the ballot –  Mike Dahms and Erin Sebring were added as floor nominations. –

·         Final Ballot: - Richard Avery - Stephanie Hunt - Faye Kiger - Sue Seidel - Vicky Smith - Denise Williams - Mike Dahms - Erin Sebring

·         Concern of the proposed changes of the covenants and lack of community feedback. Residents would like to view the current proposal. An audit was requested on an annual basis - Concern over the way budget and financials are arranged

·         Results of election:

Sue Seidel and Richard Avery were elected

New board designated the following positions.

Jaime Pinochet – President –

Jim Donahue – V. President –

Sue Seidel – Treasurer –

Rich Avery – Secretary –

Jeffrey Belk – Member at Large –

Jim Le Claire – Member at Large –

Carol Hendrix – Member at Large

·         In February the board discussed that proxies were required in the past due to lack of annual meeting attendance. It was suggested that 2019 board candidates should be identified earlier in the year and distributed to the community prior to the annual meeting and vote. This is not a requirement in our documents and members can be nominated from the floor at annual meetings.

3/2018

·         Since not less than seventy-five (75%) percent of the Lot Owners must approve covenant changes, the lawyer recommended changing Article 9, Section 3 to a more realistic percentage. And:

1.       If 75% is not reached, the lawyer would help convince a judge for another vote accepting proxies and unanswered votes as “Yes” to reach 75%.

2.       This will require strong marketing, meetings, communication, self-addressed stamped envelopes, and a door-to-door campaign for a vote.

3.       The lawyer indicated the process would take years and may not be achievable because the way our covenants were written.

4.       By-Law changes do not need Lot Owner approval and can be changed by the HOA Board.

5.       Attempting to limit the number of renters in the neighborhood would be difficult to achieve since there is no legal leverage to enforce this proposal.

6.       Lawyer confirmed the decision to raise dues was a valid action of the HOA.

I wonder what makes the 2023 board think that anything has changed and why are they spending money on a lawyer now?

·         The board approved a letter to send to homeowners to move ahead with a vote on the covenants change.   In July a second letter was in the works.

·         Motion was passed to NOT include in the minutes who voted in favor of or against any actions. Isn’t this interesting? CYA?

·         As required by the new guidelines in the SC Homeowners Association Act, all HOA documents need to be recorded with the State no later than Jan 10, 2019. Documents were sent to property management company for filing. So the board knew about the law but must have failed to read it carefully regarding charging fees, i.e., clubhouse rental. The board cannot claim ignorance of the law.”

·         Two board positions need to be filled for 2019 . Mark Balcer and Doug Blake applied for these positions and were elected.

·         Board member positions for 2019:
Sue Seidel-President -
Mark Balcer-Vice President -
Doug Blake-Treasurer -
Stephanie Hunt-Secretary -
Carol Hendrix-Member at Large -
Jim Le Claire-Member at Large -
Jeff Belk-Member at Large

2019

·         Covenant-lawyer made 3 suggestions on how to amend the covenants. A motion was passed to use Method 1 which is send out a letter. We [the board} need to ask the lawyer if there is a timeframe to receive the letter back and write up the amendment. I wonder what methods 2 and 3 were.

·         Beginning in April the campaign to change the covenants began. Notary Publics were definitely busy LOL.

·         In July it was noted that Doug is due to receive next YOTM, Carol is reaching out – this may be the issue that made me quit that I explained in my first post.

·         In August the board discontinued the campaign to change the covenants and stated a different lawyer might be needed by future boards. A board member suggested using e-signing and Gwen (property manager) said she would look into that.

·         A new 3-year contract was approved for Harrison Landscape Management. Where is that contract?

·         In October the minutes noted that “Chris is meeting with Landscaper regarding ground cover on S. Orchard Farms -Requesting a copy of bills to be sent to the landscaper committee so they can review that the work has been completed.” 

·         The board approved a new C. Dan Joyner contract. I can’t seem to get access to any property management contracts to review but found my right to do so in the Covenants so I will request a review of a number of documents soon.

2020

·         Three open board positions. Jeff, Jim, and Carol are at the end of their terms.

·         At the annual meeting Kim Andersen-Lee and Carl Fischer applied.

·         The minutes state “No Vote needed and we still have one opening Email Gwen.” What the heck does this mean?

·         In February the board approved Carol Green as a new board member

·         Nothing significant appeared in minutes from March through May.

·         Stephanie Hunt Secretary on the board has resigned. Carol Green-Member at Large took over the position of Secretary. Does “took over” mean the same thing that the current board member did and now they want him ousted (see 2023 board meeting info)?

·         Nothing of note happened in July through December.

2021

·         At the 2021 annual meeting, Denise Williams and Marianne Arteaga were voted in as new members. Whom did they replace? Again, I struggle making the math make sense.

·         The board approved positions for 2021: President: Kim Anderssen-Lee Vice President: Mark Balcer Treasurer: Doug Blake Secretary: Carl Fisher At Large: Carol Green At Large: Denise Williams At Large: Marianne Arteaga.

·         June board meeting minutes are missing from the website.

·         Voted in as three new Board Members were:  Kim Carambia , Stacey Sherman, Ricky Wallace, In addition, Marc Balcer returned to the Board to take over an open 2-year slot (from a member who resigned during 2021). ???

·         The board assigned positions as follows:

The New Board met briefly to determine positions (and remaining terms as Board members)

President: Kim Anderssen Lee (1 year remaining)

Vice President: Marc Balcer (2 year term)

Secretary: Carl Fisher (1 year remaining)

Treasurer: Kim Carambia (3-year term)

Denise Williams: At large (2 years remaining)

Stacey Sherman: At Large (3-year term) Ricky Wallace: At Large (3-year term)

·         There was no post for February board meeting minutes.

·         Equipment for showing movies was discussed with some prices presented.

·         HVAC was replaced at clubhouse for $14K.

·         New treadmill was approved. Wonder how many homeowners use the workout room?

·         Got quotes to replace entrance signs.

·         Planning for Octoberfest began. Thus with this much advance, getting the electrical outlet was not an “emergency.”

·         Voted to raise the HOA dues in September for 2024. So the current increase has been in the works for quite some time. Hmmm, looks like there was plenty of time to notify me of the proposed increase as required by the covenants LOL.

·         Mirrors were installed to address line of sight issue at NOF and Cresthaven.

2023

·         The Anglican Church St. George the Martyr request to attach to OF sewer system. The board denied their request.

·         Arbor Walk, Baker’s Garden, Carriage Place, and The Courtyard neighborhood signs were removed. Nothing in the minutes indicated why except a reference from a guest indicating they were looking shabby.

·         Roper Mountain entrance plants were updated. Wow do they need attention now! The myrtles need thinning, most plants need some food, etc.

·         Mauldin Christian Academy outside pool membership was denied.

·         In March the covenants committee began work on another effort to update our covenants.

·         Also in March the board minutes state: “Guidelines to follow for board meetings – it was agreed that we would all try to follow the basic Roberts Rules of Order for our board meetings. This should help speed up the meeting and eliminate side chatter.” After I began attending meetings in May/June timeframe, there was little, if any, evidence of this. It’s still a circus.

·         The HOA board voted 3:1 to approve the purchase of the BodyCraft HFT Pro for $2,499. I certainly appreciate the value of amenities and that the HOA has an obligation to keep them safe. However, it would be nice to know how many folks use it. Since there is no keyless entry, maybe I can find out how many keys have been issued.

·         The July meeting was packed with details such as “discretionary” spending amount that does not require board approval. Historically it has been $500. Quotes on repaving clubhouse parking lot were reviewed. Guests questioned why homeowners are not allowed to see vendor bids/quotes. Questions regarding transparency of Board and property managing company as to where and to whom budget monies are spent (vendor transparency) were raised. Most of these issues were left unresolved. The typical response as always was somebody “will look into it.”

·         Mailbox maintenance was a key topic in 2023. Covenants do address how mailboxes should be maintained and that HOA can replace and charge homeowner for repairs/replacement. Although several strategies were put forth, mailbox discussion was tabled until September meeting; however, the property manager was directed to not focus on mailboxes during her monthly ride through for now. Haven't seen anything else on mailboxes this year.

·         In August, there was a lengthy discussion of what property is owned by the HOA, the state, and the county that affects entrance signs, landscaping, line of sight issues, etc.
Nothing was resolved and I find no clear strategy on record.

·         Also in the August meeting there was a lengthy discussion on the proposed changes to the covenants.
The minutes show no clear decisions except to send out the survey to homeowners to rate what’s most important to them. Please note that I participated in some of those meetings and wrote the first draft of the survey. However, I stopped participating due to concerns about truth and transparency.

·         Ricky Wallace stated in the August meeting that “Beginning September 1st, each home (as noted by address) will receive their first tennis court / amenities key at no charge and subsequent keys will be given at a charge of $ 5.00. Town and Country to handle receipt of payment for subsequent keys.” I have yet to receive a key and can’t imagine the appropriateness of making one for me and many other homeowners who do not use the tennis court.

·         Also in August, the board raised the amount allowed as discretionary spending without board approval to $1,000.

·         The August minutes state: David McPhearson “reviewed his position on charging rental fees for the clubhouse, which his interpretation is that this is not allowed by the Covenants or By-Laws.  Other interpretations allow it, including an opinion by a lawyer for another community. It was decided/voted that we would continue to charge rental fee for the clubhouse, but that for 2024 budget planning we would zero out the fee.  It was also agreed that the Board would need to make changes to the by-laws and/or change the clubhouse rental procedure.”

How an attorney for another development interprets our covenants and bylaws cannot be the basis of a decision by the board. The HOA documents and the South Carolina law either allow or disallow such charges. The trend I see running through the decisions made by the Board is to use whichever interpretation is convenient. I remember clearly that David stated when he first brought this up that the board should “do what’s right for the homeowners.” At that time the board rejected the motion to even discuss it.

·         The swim team and pool issues were the major point of conversation in the September meeting. Discussion continued on the process for getting quotes for work over $1000 (as approved by the Board) we need to seek three bids.  This was briefly debated whether that limit was high enough, but any further discussion was tabled.

·         In the October meeting, the 10% increase in HOA dues was approved making dues for 2024 $506. The intent of the increase is to increase the capital reserve fund, the same as the previous year’s increase. Approving the 2024 operating budget was postponed and the board decided an email vote would be used to approve it.  After board member Mark Balcer expressed concern that the 2023 increase was spent on excess budget items rather than increasing the capital reserve fund, Carl Fisher stated there were “outliers” in the operating budget that could not have been expected.

·         Mark Balcer with Point of Order; requests for item emailed to HOA president regarding Electrical project / Installed outlets near Soccer and Tennis courts to be added to the agenda for New Business. Kim suggests items to be tabled due to lack of time. Mark emphasized the need for an answer to his emailed question and desire to be added to this October Board meeting’s agenda; Discussion denied by Kim and tabled for November 14 Board meeting.

·         November special meeting is listed as a draft and appeared to be discussion of line-by-line items in proposed budget. One item stands out as stated in minutes: “Line 5232 – Much discussion regarding Pool Family Movie Nights – related to need to pay for Movie Rights and Showing. Will follow-up with attorney to determine if necessary.”  Evidently movies have been shown with no copyright permission. That could be expensive if anyone presses charges since all such events sponsored by the HOA are considered public unless otherwise advertised.

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