NEW BALCONY DESIGN COMPLAINT Cleaning of Streams Tabled Again Landscaping Tabled Again
The November HOA meeting was attended by three Board Members, Community Manager Julie Carter and eleven residents. Board Member Adele Shiffman was absent. There is a vacant seat on the Board since Cheryl Boyd has moved from Harbour Vista. The Board did not indicate if or when the vacant seat would be filled.
Financial Report
Acting Community Manager Julie Carter gave the financial report. She stated the finances look good and there should be a surplus at the end of this year.
Board Announcements
Gayle Poytner announced there would be a new Community Manager appointed for Harbour Vista in January of 2015. Julie Carter will continue as Community Manager until then.
Obtaining Keys
Residents can no longer obtain keys on-site from a Board Member. People who need to purchase gate or pool keys need to call Julie Carter at Action to arrange to send a check for the purchase of the keys and then the keys can be picked up from Action's office in Irvine or from Julie Carter at the monthly HOA meeting or the keys can be mailed.
Balcony Not Sturdy?
At Open Forum, a homeowner complained about the recent rebuild/replacement of the balcony on his unit. He does not think the new balcony is sturdy enough. If he leans against the railing it flexes back and forth. The Board President said they had not received any other complaints from the other residents who have had recent balcony rebuilds with the same new design. The Board stated that they had approved the new design for the cost savings (less material used). When asked how much the savings would be the Board said they were told it would be about 10% but they would have to wait and have Action let them know exactly how much savings there is from the new design. The Board said they would review the new design information with Action and the vendor who did the work.
Rules and Regulations Not Enforced
Continuing with Open Forum, a homeowner asked about the parking violations that are not corrected. Cars are parked behind garages for hours or overnight. Also cars are parked at the entrance gates by the phone kiosk. The Board said they will issue a warning notice of the violation if they know about it. Residents should send an e-mail to the Board when the violation occurs and if a Board Member is on site they will go check it out and issue a notice. They have to catch the offender in the act.
Unfinished Business
The Board is considering placing " 5 Minute Only" parking signs at each phone kiosk at the entrance gates.
Once again the Board discussed the removing of the sediment in the streams and ponds. Again they still think it is too costly to do at this time. They want to continue looking for other methods or ways to clean the streams and ponds.
A proposal for plant replacement was deferred.
New Business
The Board approved a proposal from Diversified Landscapes to clean the streams and ponds and empty the filters more frequently to prevent the pumps and motors from shutting down.
The replacement of three light poles was approved.
Using a camera in a dryer vent of a unit to determine the cause of a foul odor from the vent was approved.
A change in the vendor used for restoration services when water leaks occur was approved. The new vendor will be Serv-Pro. (This vendor has been used in the past). They have new methods for drying out water damage and it should be less costly for the repairs needed.
The Board asked Action to prepare a priority list for the balconies and patios that need to be repaired or replaced.
The Board approved a letter drafted by Gayle Poytner regarding the placing of plants on balcony and patio bannisters and installing plaques, clocks or planters etc. on the stucco on balconies and patios. The letter points out that this is a violation of the Rules and Regulations. The letter will be mailed out to homeowners with the 2015 Budget.
Repair of the damaged brick siding at the Grunion gate was discussed. The Board asked Action to obtain a revised estimate for the repair.
Liens
The Board approved recording Liens on three property for past dues assessments.
The Board will not have a meeting in December. The next HOA Board meeting will be January 26, 2015.■
posted 3 November 2014
October HOA Meeting Highlights
BOARD SET TO RAISE HOA DUES BY 3% Real Estate Sign Post Petition Rejected
Land Lease/Sub-Lease Discussed
Four Board Members and the Action Community Manager Julie Carter were in attendance. Board Member Mike Peduzzi along with Community Manager Mike Sukey were absent. There were twelve residents in attendance.
Community Manager Julie Carter gave the financial report.
Increase in HOA Assessment Approved.
Based on the Reserve Study and the proposed budget by Action the Board unanimously voted to increase the monthly HOA assessment by 3% for 2015. This follows the 5% increase in monthly assessment two years ago.
Real Estate Sign Post Petition ignored
The Board President stated the Board had received a copy of the Petition, but she could not support having a place for real estate signs in the common areas of the complex because she believes it is against the HOA CC&R's. The other three Board Members agreed with her and the petition was dismissed. (See note below)
New Fine Policy Approved
The new proposed Fine Policy was mailed to homeowners for comment. The Board received only one (1) comment. The Action Community Manager stated that most associations have been raising the fines for violations. The Board unanimously approved the new Fine Policy.
Open Forum
A resident asked about the cold water shut off valves for the buildings located on Cabana, Lago & Blackbeard. Each building has four (4) cold water shut off valves. Each of these valves turns off the cold water to 5 units. Residents need to call Action if they have a plumbing issue that requires water shut off.
A homeowner asked about the current status of the extension of the Land Lease/Homeowner Sub-leases. The Board indicated there is nothing new to report and that the Board felt they had reached an impasse with Dermot Realty last year. They stated they think the extension would be too expensive and therefore have not pursued the issue with Dermot Realty. Another homeowner asked if the Board had thought about making a counter-offer to the lease holder. The Board indicated they didn't think Dermot Realty would agree to a counter offer. (Dermot Realty, the lease holder, did secure a fifteen (15) year extension from the land owners).
New Business
The Board unanimously approved the following:
Tree trimming schedule
Repair of motors for the pools
Repair of valves for boilers
Trash bin repairs were deferred.
The Board again deferred taking action on the cleaning of the streams in the complex.
Changes to the HOA Rules & Regulations regarding satellite dish placement and extension dog leashes was deferred. The Board President stated the Board wants to review all Rules & Regulations and make all changes at one time.
Discussion
It is unclear if the new design for the railings on patios and balconies will save money. It was suggested there would be a 10% savings to the HOA with the new design. Some homeowners who have the new design railings do not like the new design.
The water main shut off valves for the complex have become very hard to turn to shut off the water. It is not clear if repair or replacement would be an HOA expense or the City of Huntington Beach's responsibility. Action will look into the matter and advise the board.
The next HOA Board meeting is scheduled on November 24, 2014.■
Editor's Note: According to the HOA CC&R's 8.04 (Signs): "The Board of Directors shall erect within the Common Areas a Master Directory of the Units that are for sale or lease". Why the Board does not want to consider providing a place in the common area of the complex for an effective real estate signs does not seem to make sense.
posted 30 September 2014
September HOA Meeting
DOGS OFF LEASH
Draft Budget Community Wide Garage Sale Revise Rules & Regulations?
Three Board Members were in attendance along with Community Manager Mike Sukey and ten (10) residents. Board Members Mike Peduzzi and Ron Rolewicz were absent.
Open Forun
Issues with dogs off leash were expressed by several residents. Also a concern that dog owners do not have good control of their dogs when they use extension leashes and it would be safer if these types of leashes were not allowed. Also complaints about dog barking and dog walkers/owners not picking up after their dogs.
Raccoons in the complex pose a threat to cats that are allowed to be outdoors.
A homeowner from the Grunion side of the complex asked the Board to approve a Community Wide Garage sale for October 11th. She said she would organize the event and coordinate the logistics with the Board. The Board approved the event.
It was brought to the attention of the Board that a large commercial truck has been parking inside the complex and that is against the R&R's. The Board will issue a violation notice to the truck owner.
Homeowner Brenda Richardson wanted to address the Board regarding a letter she received from the Board stating she had violated the Board's Association Water Shut Off Protocol & Policy on several occasions by posting water shut off notices, turning off water/boilers and being involved in homeowners water shut off issues. Mrs. Richardson stated that the Board had wrongly accused her and that she had not posted any notices or turned off any water/boilers for over a year since the Board removed her from the water/boiler shut off volunteers. The Board president stated that Mrs. Richardson would have to contact Mike Sukey and schedule a hearing with the Board to discuss the letter.
Unfinished Business
The Board discussed again having 5 trash cans for the pool areas purchased. Board Member Ron Rolewicz was asked to purchase the trash cans at the last Board meeting since he has a truck and could transport them to the complex.
Stream cleaning. More discussion about the methods and cost for trying to clean the silt out of the streams. No decision was made at this time.
Enforcement and Fine Policy has been mailed to owners for a 30 day comment period. Only one comment had been received. The Board will vote to approve the new fines at the October Board meeting.
New Business
Satellite dish installations. Mike Sukey expressed concern that allowing dish installation on railings and stucco can cause damage to these areas. He asked the Board to change the HOA Rules and Regulations to not allow installing dishes on railings and stucco of buildings. Dish companies should re-install dishes at no cost to the homeowners. Sukey stated that the FCC and California law states that an HOA does not have to allow dish installments that do not follow the rules of the HOA even if reception is not good from the allowed placement of the dish. Sukey asked the Board to amend the R&R's regarding placement of satellite dishes.
Review of Rules & Regulations. The Board President indicated the Board wanted to review and make changes to the Rules and Regulations. Mike Sukey pointed out that a complete review would take months and he thinks it is important to change the dish rule right away since the HOA is having several balconies rebuilt/repaired and it would not be good to have dishes re-installed on railings. The Board asked that a change to the dog leash rule be included with the change to the dish installation rule at this time.
Reserve Study Draft review. Mike Sukey said the Reserve Study is not completed yet and therefore his draft of the 2015 Budget is not completed. Based on what he sees at this time he will probably recommend an increase to the monthly HOA assessment of 3% however that could change after he receives the final Reserve Study.
Board Meeting Conduct notice will be posted on the HOA web site.
The Board approved recording four (4) liens.
Next Board meeting October 27, 2014■
Note: You can log onto your Vivo account on the Action web site to see the approved financials for the HOA
posted 3 September 2014
August HOA Meeting
REAL ESTATE SIGNS REVISITED
Stream & Maintenance Coordination
New Community Manager
All five Board Members, Community Manager Michael Sukey, Julie Carter from Action, four representatives from HOA vendors and 15 residents were in attendance.
The new Community Manager, Michael Sukey was introduced. He gave a brief description of his background and experience. He came to Orange County from New Jersey. He was a CPA and has experience managing multi-family developments. His background in budgeting will be an asset to the HOA.
Vendor Coordination
Representatives from the Landscape, Electrical and Stream vendors gave a presentation about the condition of the streams and ponds and the various problems with cleaning the water in the streams and keeping them running. They pointed out how the trees and other plants around the streams and ponds continuously drop leaves and debris in the streams along with the water run-off from the sprinklers in the grass areas all add to the poor condition of the streams. So, it would be best to address trees, other landscaping and water run off to help keep the streams in better condition. The stream vendor needs coordination with the electrical vendor to repair and maintain the electrical components of the motors and pumps for the streams. So, it takes cooperation of these three vendors to keep the streams running and as clean as possible.
Electrical Concerns
Tyler Electrical gave the Board a proposal for handling repairs for the electrical parts of the elevators. They can facilitate repairs more quickly since the elevator service vendor does not have electricians on staff. They suggested the management call them first.
Repairs need to be made to the electrical systems in the pump vaults for the pumps and motors for the streams.
Coordination with the Board is needed to figure out why the circuits for the garages keep tripping on weekends due to circuit overload. Residents may be using electricity in their garages to power machinery or other electrical items which are in violation of the HOA Rules and Regulations.
Financial Report
The new Community Manager, Michael Sukey gave the financial report. (You can go to the Action Llife web site and log onto your Vivo account to check the approved Financial Reports).
Open Forum
A property owner informed the Board he placed "For Rent" signs up next to the Real Estate and Open House signs that were placed on the wrought iron fences at the corner of the complex on Sunday. He said since those signs were allowed he thought he could also have his sign up during that time. His signs were removed. Discussion from the floor ensued pointing out the importance of having a designated place where Real Estate signs can be placed and be visible from the street. The Board said they would look into the issue and in the meantime told the property owner he could notify the Community Manager when he wants to have an Open House for his unit and he would be allowed to have signs up during the Open House. A member pointed out that having a visible place for signs is standard practice with other Associations in our area.
Unfinished Business
The Board approved hiring Service Master for Common Area Maintenance/Janitorial services.
The Board approved two repair proposals for electrical repairs of motors for the streams. The Community Manager said he thought part of the funds needed for the repairs could come from the Reserve Fund and the other part from the Operating Budget. The Board tabled the draining and cleaning the sludge out of the streams and ponds.
New Business
HOA V.P. Ron Rolewicz was appointed to Chair the Architecture Committee. Per our CC&R's the HOA is required to have an Architecture Committee.
A new Fine Policy will be mailed out to owners for review and comment. The Board is proposing fines of $100, $200 and $300 for violations of the Rules and Regulations that are not corrected.
The Board approved repairs for:
The repair and replacement of wood planks/boards on the bridges in the complex
General preventative maintenance on the pool pumps
Deck and rain gutter repairs/rebuilds for several units
Elevator preventative repairs
Funds from the Reserves will be used for part of these repairs.
The Board approved placing two liens on properties with delinquent HOA fees.■
posted 1 August 2014
July HOA Meeting
DELINQUENT ACCOUNTS DROP
New Board Seated
Community Manager Resigned
There were 14 community members, all 5 Board Members and the Action Community Manager in attendance. The Board elected Gayle Poytner to serve as President, Ron Rolewicz as Vice President, Cheryl Boyd as Secretary, new Board Member Mike Peduzzi as Treasuer and new Board Member Adele Shiffman as Member at Large.
Action Community Manager Resigned
It was announced that Taylor DeLauder had resigned his position as Community Manager. He has accepted a position as a Commercial Property Manager. Julie Carter from Action will be the interim Community Manager until a new person is hired to replace Taylor.
Financial Statements
The Community Manager gave the financial report. The HOA has a positive cash flow and the Reserves have increased to over $300,000.
Community Forum
A homeowner asked about his request for the approval from the Board to install a screen door on his front door. He said he had filled out and returned the forms for the Architectural Review but has heard nothing further. He started the process 3 months ago and still is waiting to be able to install the screen door. Julie Carter from Action took his phone number and said she would follow up with him.
Delinquency Rate
A resident asked what the current delinquency rate is (the number of units with past due HOA fees). The Community Manager said there are currently 16 delinquent accounts. Some are Banks and others are homeowners who are delinquent in paying their monthly HOA dues. This is an improvement of the HOA delinquency rate and takes it down to under the 15% that Lenders like to see for approval of loans.
Stapple and Nails
Another resident pointed out that there are staples and nails sticking up on the hand rails on the stairs in her building and they need to be removed so people using the stairs don't hurt themselves when they use the handrails. The Board didn't respond as to what they might do about this request.
Loose Wooden Bridges
There was discussion from the floor about the condition of the wooden bridges in the complex. An owner explained that he found numerous boards on the bridges that were loose with no screws holding them down. He and another homeowner purchased deck screws and volunteered to screw down many of the loose boards. However more boards are loose and need attention. It was suggested the Board ask volunteers to check all the bridges and do any additional work needed. See note 1.
Liens and Foreclosures
The Board decided to table 3 Liens because the Homeowners had made partial payments on the past due amounts. The Board approved recording the Foreclosure of Liens on a property.
New Business
The Board President stated the Board was not satisfied with the service of the current pool janitorial company and had invited a representative from another janitorial service to give them a proposal to include: coming twice a week during the summer on Mondays and Fridays to clean the restrooms, barbeques, pool areas, empty trash cans, clean elevators, clean hall ways on 2nd and 3rd floors, and the possible installation of doggie bag stations.
The Board approved the Reserve Study proposal, and the Sunwest Bank Reserve Balance.
Association Insurance Renewal
The Community Manager explained the reason there was only one quote from the current insurance carrier (Farmers Insurance) for the HOA insurance renewal. The Insurance Brokerage firm Action requested quotes from said that because of the HOA's claims from the previous year no other companies wanted to submit a quote for coverage. However the quote from Farmers was a good quote and only had an increase in the premium of a little over $1,700 for the year. The Board approved Farmers quote for coverage.
Water Damage Restoration
The Board approved a Bid from Drymaster Restoration for the repair of a unit that had water damage from a leak in a water pipe.
Cleaning of the Streams
The Community Manager gave a report on the cleaning of the streams. There is new equipment and method for sucking the sludge from the bottom of the streams. The process would recycle the water and remove the sludge from the streams, returning the clean water to the streams. The Board expressed concerns about one of the companies because they had mislead the Board in the past by testing the water and telling the Board there was toxic material in the streams and therefore gave the Board a very expensive proposal for the removal of the sludge. The Board asked Action to get more information and a proposal from the other company.
Next scheduled meeting August 25, 2014■
Notes:
August 4, 2014: Action Community Manager Julie Carter placed a work Order to have the bridges in the complex inspected by a vendor.
August 6, 2014: The Board of Directors is in the process of having the bridges evaluated and three competitive bids are being sought out. See: http://harbourvistahoa.com
posted 30 June 2014
Election Results
There were 50 ballots cast in this election as certified by the ballot inspector Nichole Ganz. Quorum was reduced to 25% to proceed with the meeting at the reschedule June 30 Annual Meeting. The Results are as follows:
The ballot measure past by 44 votes in favor and 1 against.
Eleven members were present plus two Board members, the ballot inspector and the property manager.
ballot inspector
Next Board meeting will be held Monday July 28, 2014 at the Cabana Clubhouse at 7:30pm.
posted 27 June 2014
Annual HOA Meeting
ANNUAL HOA MEETING
"POSTPONED", "ADJOURNED"
to be "RECONVENED" ???
The Annual Meeting of the HOA was scheduled for Monday, June 23rd. HOA Members had been mailed their Election for Board of Directors packet informing them of the meeting along with a Ballot and instructions for voting and given the Date and Time for the annual meeting. A Notice was posted by the Board at the mailboxes reminding Homeowners to Vote and that the Annual Meeting would be on June 23rd.
Postponed Announced
Then on the Friday before June 23rd another Notice with an Agenda, was posted at the mailboxes stating the Annual Meeting was "Postponed" to June 30th due to lack of Quorum. Harbour Vista News posted that Agenda on the Harbour Vista News web site that evening to help communicate to Homeowners there would not be a meeting on the 23rd.
People Showed Up, Anyway
Well, not everyone saw the notice at the Mailboxes or saw the notice on the web site. So, several Homeowners showed up at the Clubhouse at 7:30 on the 23rd, only to find it closed and locked and NO Board Members were there and no one from Action either. One Homeowner was there because they had received a letter from Action informing them that the Board would have a Hearing regarding an issue about a violation and he needed to attend the meeting. The letter said this homeowner needed to be at the meeting at 7:30 PM on the 23rd. Needless to say the homeowner was upset that no one from the Board or Action had informed them the meeting was "postponed".
Clarification?
So, Harbour Vista News contacted Action to ask for clarification. According to Action the Election Inspector determined there were only 60 ballots and valid proxies combined so the meeting was "Adjourned" to June 30th when quorum requirement drops to 25% (45 ballots/valid proxies plus 1). Confusion, there was no "meeting" on June 23rd and so no "adjournment" of the meeting to June 30th???
50% Still in Effect?
According to our HOA Bylaws Section 3.06 a meeting of HOA Members is needed in order to "Adjourn" the meeting to "Reconvene". Because there was no meeting to adjourn when the Annual meeting was "Postponed", it appears that quorum should remain at 50% (90 ballots/valid) for the "postponed" meeting on Monday June 30th. ■
Editor Note: This is really a mute point since the canidates running for the Board are running unopposed. See Election Results.
posted 30 April 2014
April HOA Meeting
Road Repair Applauded Quorum Not Met
Legal Expenses Questioned
There were three Board Members, along with the Community Manager and eighteen homeowners/residents present at the April 28th Board Meeting. Two Board Members, Ramy Eskander and Tim Jordanides were absent.
Taylor DeLauder gave the financial status report.
Attendees Applaud
The repair work done on the roads/parking lots received applause from those in attendance. The Board acknowledged that Eagle Paving did more than they were expecting. They thought it would be just pothole repairs and instead whole sections of the roads were resurfaced. Eagle Paving stated that it was easier to do some resurfacing than just doing individual pothole repair and it would cost about the same. They laid 100 tons of asphalt in the job.
Ballot Measure Quorum Not Met
There were still not enough ballots returned for the needed quorum for the By Laws changes. So, once again the ballots were not counted. Ballots received are 83. Ballots needed to meet quorum are 87. The time for people to mail their ballots in was extended again. A second ballot was mailed to homeowners/property owners who did not vote and return the first ballot mailed asking them to vote. The Board president said they may call a special meeting to count the ballots if the needed additional ballots are received before the next regular board meeting on June 2nd.
Board Progress Report
The Board President announced a progress report would be mailed out to homeowners detailing the accomplishments of the board over the past year. The report will include maintenance issues:
Installation of Lever release exit locks
Tree trimming and new plantings
Improved irrigation
Perimeter fences repaired and painted
Light poles replaced
Damaged parking space bumpers replaced
Parking lots/potholes repaired
Pumps and motors for streams
The Board President also stated there would be a small update on the Land Lease included in the progress report. The report will also include that the HOA Reserves have increased from 6% to around 15%.
Delinquent HOA Dues
The Board announced that approximately $100,000 of delinquent HOA dues have been collected over the past two years. Partly from homeowners who currently reside in their condo and largely from the bank owned properties where the banks are finally putting the property on the market for sell. The HOA lien on the property for delinquent dues must be satisfied before the property can close and the buyer gain clear title to the property.
Open Forum
A member asked about the status of the Land Lease. The President stated that there was nothing new to report at this time but there would be an update in the progress report the board will mail out later this month.
Another member asked about the $35,000 expenditure that was on the Audit Report for 2013. He wanted to know how much of it was for the attorney for collections verses general legal expenses for the board obtaining legal opinions etc. There was no clear answer given by the board or community manager. Also this same member asked about the $44,000 expenditure in the Audit Report for refuse collection. He wanted to know if it was necessary to have the current frequency of trash pickups or could we reduce the frequency. The board said they felt the number of trash pickups and the cost was necessary.
Another resident asked the board to consider having the parking lots swept. She stated that her tires had been punctured by nails and small rocks.Another resident asked when the board planned to have the fichus trees by the 16512 Blackbeard building removed and damaged sidewalks caused by the roots of the trees repaired. Taylor DeLauder said he would look at that area and advise the board.
New Business
The Board Approved:
One second floor balcony repair for dry rot and termite damage
General preventive maintenance for four boilers
Replacement of four damaged light poles
The next HOA meeting will be on Monday June 2nd.■
posted 9 April 2014
March HOA Meeting
BALLOTS NOT COUNTED Election Rules Changed
Potholes to be Repaired
At the HOA Board meeting on March 31st there were three board members in attendance along with the Action Community Manager and twenty three residents. Board members Ramy Eskander and Timothy Jordanides were absent. The financial report was given by Ron Rolewicz.
Quorum Not Meet
Community Manager, Taylor DeLauder announced the HOA had only received 66 ballots as of the meeting. This did not meet the required number of ballots for the required quorum of 83 ballots. Therefore the ballots were not opened or counted. The Board instructed Action to send out a second ballot to those homeowners who had not returned the first ballot asking them to vote and return their ballot by the HOA Board meeting in April. If the needed additional ballots to reach the quorum are not received the bylaws will remain unchanged. (See Editor’s Note 2 and 3 below)
Election Rules Changes Approved
The Board voted to approve the changes to the Election Rules with no discussion from the Board or the membership in attendance at the meeting. The changes will apply to the upcoming election of new Board Members this June. Only HOA members whose primary residence is in Harbour Vista will be eligible to run for a seat on the Board. This means that approximately 40% of the HOA membership will not be allowed to run for a seat on the Board in the future. (See Note 2 and 3 below)
Open Forum
A homeowner raised a question about excessive noise from his neighbors, disturbing him and other residents with loud noises very early in the morning. The board told him this type of complaint about a neighbor should be handled confidentially and therefore the homeowner needed to contact Taylor DeLauder with the complaint.
Needed Help
Homeowner, Mike Friedman told of his experience with Action when he needed information regarding a leak in the heater coil in his unit. He did not know how to turn the water off to the heater coil. (See “My Heater Nightmares"). He asked if the Action Call Center could provide vendor names and recommendation when a homeowner calls asking for help. See Note 4
Fish are Disappearing
A question was asked about the mosquito fish that seem to be gone from the streams and ponds. Were they going to be replaced? Taylor DeLauder stated he would check with Vector control.
Pothole Repair
The Board approved the proposal of 100 tons of asphalt for the repair of the parking lots at a cost of approximately $14,000. This project was not in this year’s budget. Funds will need to be taken from other accounts in the budget. Taylor DeLauder suggested the Board reduce the amount of funds put in the reserves from $62,000 to $50,000 for this year. Other suggestions were to move funds from other accounts in the budget. Taylor DeLauder also stated that the asphalt company estimated it would cost around $500,000 to completely resurface the entire parking lots.
Board Announcements
The painting and repair of perimeter fences and gates has been completed.
Volunteers will continue the painting of red curbs and yellow speed bumps on Saturday April 5th.
The HOA Annual Audit report will be mailed to the membership in April.
Other Business
The Board approved the following:
Sign pole and sign repair/replacement in the complex
Repair of landscape drain pipe
Draft Annual Audit Report
New Election Rules to be mailed out to the HOA membership
Two balcony repairs were tabled to the next meeting
Locks on the Fire Alarm boxes will be replaced
The Official HOA mailing address was reinstated.
Liens on three units were approved.■
Editor Notes:
Taylor DeLauder at Action was asked for clarification on the reason the ballots were not counted. He explained that in order to make a change in the HOA Bylaws there must be a majority of the membership, i.e. 90+1 who vote in favor of the change. And only 66 ballots had been returned by the meeting. Since some members are ineligible to vote in this election the number of needed ballots dropped to 83. Some homeowners are delinquent in paying their HOA monthly dues and therefore are ineligible to vote at this time.
There was a flyer handed out to those in attendance from a resident, who is currently renting a unit in Harbour Vista, supporting the change in the Election Rules along with a legal opinion from the Adams Kessler law firm.
The non-resident owners of the HOA membership is approximately 40%. Currently board member Tim Jordanides is a non-resident. With the Board passing the new Election Rules, he will now not be eligible to be elected to the Board in the future. His tenure serving with the current board has been difficult since he was not always in agreement with the Board President and other board members regarding the HOA finances and legal expenses.
Homeowner Mike Fridman was interrupted as he was addressing the board by a resident/renter who told him he knew about his heater leaking a month ago. This was not the point Mr. Fridman was trying to make. He simply was suggesting it would be helpful if the Action Call Center had a list of vendors and recommendations they could give to owners when they call asking for help. Such confrontation by people attending the HOA meetings should be discouraged by the Board.
posted 27 February 2014
February HOA Meeting
BOARD MEMBERS QUALIFICATIONS REVISED
Voting Changes Asked for Adoption
No Parking Lot Re-Surfacing
Land Lease Extention on Hold
There were fifteen people along with five Board Members and the Community Manager in attendance. The meeting convened at little later than 7:30 PM due to the Executive Session running a little long.
Board Members Qualifications Changed
At the February 24th HOA Board meeting the Board announced they were making changes to the qualifications for Board Members. This action was taken by the Board and would not require a vote of the HOA membership. When the ballots for the Election of Board of Directors are mailed out they will include the Qualifications to be eligible to serve on the Board. The Board President stated they will included: the person must be current on their HOA assessments, monthly dues, for a period of 3months prior to becoming a Board Member, only homeowners/property owners who live in the complex will be eligible to serve on the Board. (Close to 45% of the units in the complex are Non-owner occupied rentals.)
Ballot to Change Voting Mailed
The Board announced they have consulted with an Attorney and are proposing Amendments to the HOA Bylaws. A Ballot for the proposed Amendments will be mailed to the HOA membership. A vote or written consent of the HOA members representing at least a majority (51%) of the members is needed to amend the Bylaws. (see Bylaws VII). The Board is proposing:
Voting will not be cumulative. Each HOA member will have five votes to vote for candidates to the Board but you can only cast one vote per candidate. You would not be allowed to cast multiple votes for the same candidate.
The term of Board members would be two years. (Currently a Board member is elected for a term of one year.)
The Election of Board members will be staggered. Electing two members one year and three (3) members the following year. (this will mean there will always be 2 or 3 experienced members on the Board, there would not be a change of all five (5) Board members at the same election.
The proposed amendments to the Bylaws would take effect prior to the upcoming HOA Annual Meeting and Election of Board of Directors.
The Board Treasurer expressed his concern about the amount of HOA monies being spent by the Board on legal fees in conjunction to the Bylaws changes and advice on the changes for Board Qualifications and the cost for the recent Proxy Letter. Taylor DeLauder stated the attorney had provided a template free of charge for the proxy and that he had received around 30 proxies for Quorum purposes at this time.
Open Forum
Land Lease Extension: A homeowner asked the Board for an update on the Land Lease Extension. The Board president stated they were unable to get a Land Lease Committee set up at this time and therefore no progress had been made and it doesn’t look like anything will be done on this issue in the near future.
Parking Lot: Several people expressed their concern that nothing has been done to repave or repair the parking lots. The Board stated there was no money in the budget at this time to repave the parking lots and the Board will not entertain a special assessment to do the repaving. The Community Manager stated he is having an asphalt company give him a proposal for the repairing of some of the worst potholes and he should have that proposal for the Board to review by the next Board meeting. He stated because of the cost to completely repave the parking lots it will not be possible to do so for some time.
Landscaping
The following landscaping items were approved by the Board
Installation of new plants and a tree near the 4791 Lago building where there is just dirt.
Clean up and add new plants at the fence area of Blackbeard Ln. and the Fire gate.
Plant a tree at the Cabana gate entrance.
Add soil and grass seed at low areas in the complex.
General Maintenance
The following Maintenance issues were approved by the Board.
Repair of roof leak in the 4831 Lago building.
Annual Inspection of the Fire Alarm System and new contract. (inspection hasn’t taken place since 2011)
Major Plumbing Expense Real Estate Posts Removed
Operating Budget Deficit
There were twelve residents along with four Board Members and Community Manager Taylor DeLauder in attendance. Board Member Tim Jordanides was absent. No explanation was given.
Financial Report was given by Taylor DeLauder. Due to unexpected emergency plumbing costs the Operating Budget has a deficit at this time.
Sewer Leak
Taylor DeLauder explained there was a significant sewer leak/back-up in one of the units which caused significant damage. He went on to say that he is working to get reimbursement to the HOA from the Insurance Companies involved. The HOA has submitted a claim and is awaiting payment.
HOA Real Estate Sign Posts Removed
In a surprise announcement the Board said they have removed the HOA Real Estate Signs Posts that were on the corner of Heil and Green. These posts were installed about 8-10 years ago as a designated place for property owners to display Real Estate Signs for sell/lease/rent and fulfilled a legal requirement of the HOA CC&R’s. The Board removed the posts because of dry rot. Board President Gayle Poytner stated that the CC&R’s had been interpreted “illegally” when they were installed and the Board is moving the function to the two common area bulletin boards at the mailboxes.
Managed by Action
Gayle Poytner continued that posting of properties for sale or lease/rent would be managed by the Property Manager Taylor DeLauder. If property owners want to advertise/market their properties they can only place one Real Estate sign in the unit's window and provide a small notice of the sale/lease/rent to Action Property Management for posting at the mailboxes. The size, shape and any restrictions were not defined at the meeting. Action Property Manager Taylor DeLauder expressed concern that he only visits the complex twice a month to update these notices. Discussion of this subject was then closed by the Board.
Beautification
The Board announced a “beautification” project for the complex. The removal of the HOA Real Estate sign posts was part of this project and new flowering plants have been planted in that area along with new plants in other areas of Harbour Vista.
Confrontation
Gayle Poynter described a confrontation with a homeowner and their Realtor during an open house/garage sale. Both Gayle and Board member Cheryl Boyd had observed the placing of signs for the garage sale in the common areas and the Real Estate signs on the outside street along Harbour Vista up to the Well's Fargo Bank. Both the homeowner and her Realtor were told to take the signs down. When the signs were not removed within an hour, the HOA removed them. The Realtor complained about this interference. As a result Board President Gayle Poynter stated that a letter would be sent to the Real Estate Company stating that this Realtor is no longer “welcome” at Harbour Vista.
Parking Lot
New pot holes have developed in the parking lots. One of these pot holes has standing water and may be caused by another broken pipe similar to a pot hole a couple of months ago. See the "Pot Hole that wouldn’t Die". The Board stated that Action will try to have pot holes repaired as soon as they appear. Property Manager Taylor DeLauder expressed that it is too bad that the HOA cannot do a complete repair and resurfacing of the parking lots at this time.
Mud Area Re-Planting
The mud area next to the pond between the Lago-Blackbeard buildings has finally dried out. This place was where a large Ficus tree was removed for repair of a main water line leak. See "The Great Ground Leak". A broken sprinkle pipe was recently discovered that was keeping the ground wet. With its repair, the area is now dry and new plantings with a new tree will begin.
New Fountains
Two new pumps/motors have been installed for the Grunion streams/ponds. Not only do they improve the streams and fountains, they help eliminate the stagnate water areas. Taylor DeLauder explained that there was no Budget item in last year’s budget for Stream Maintenance, so he took funds from the Common Area Maintenance account to pay for this maintenance. This years Budget does have budgeted Stream Maintenance.
Open Forum
A homeowner expressed concern that violations of HOA Rules and Regulations were not being addressed by the Board. The homeowner said there are bikes stored on balconies, bike locked on stair railing, bikes left on common area grass, Christmas lights on outside areas of units are still up. Taylor DeLauder stated that he and Board Member Cheryl Boyd do two walks of the complex a month and try to see and note violations. He said they might not catch all of the violations and asked this homeowner to send him a list of the violations causing concern.
Trash Bins
Former Board Member Mary Williams expressed a concern that the trash bins are often overflowing and the community may need to provide additional trash bins. She stated that during her term on the Board they reduced the number of trash bins from two at the trash enclosures to just one. This was done to save money and because of the number of unoccupied units one bin was enough to handle the trash. Now with more units occupied it may be necessary to have additional trash bins. Taylor DeLauder will contact Rainbow Disposal and let the Board know their recommendation.
Structural Modification
A homeowner brought a Real Estate flyer to the meeting that advertised a property for sale in the complex “with a large attic”. The homeowner questioned if this was allowed for modifications to be made to units. The Board asked Taylor to investigate this and report back to them.
New Business
The Board approved proposals from Island Pacific for the complete re-build of a balcony on Grunion and the repair of the balcony directly below it. Also approved was a proposal from Island Pacific for the clean out of the Rain Gutters in the complex and the repair of a garage roof leak.
Other
It was announced that the Volunteers would resume painting the yellow speed bumps and red fire lanes as temperatures get warmer.
Taylor DeLauder announced that the Annual Audit prepared by the CPA will be mailed out in March.
The Board approved placing Liens on properties with delinquent HOA dues.■
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