LandLease Discussion
Roadway Slurry Seal
13% Budget Surplus
The December 18 HOA meeting was called to order by President Helen Revalus. Board members in attendance were Secretary Candice Shultz, Treasurer Mary Williams and Member-at-Large Teri Piper-Johnson. Vice PresidentMike Peduzzi was not present and no explanation was provided. The Action Property Management new property manager Lanese King who replaced Peggy Shaw was present along with her supervisor Rhonda Hart. Only 8 members attended this meeting.
Executive Session Disclosures
The Board announced that they had held one executive session in addition to the regular schedule executive session meeting for this month. This meeting lasted 3 hours and discussed delinquencies and charge backs.
Financial Report
The HOA enjoyed an operating funds surplus increase from 12% at the end of October to 13% at the end of November of the HOA annual income. It was announce that 24 accounts were over budget this month with water damage, plumbing and roof repairs as the big items.
Committee Reports
Landscaping Committee
The Landscaping Committee announced that trees on both sides of the property were in poor shape from the previous Landscapers. This has required major pruning by the new landscaper which started this month.
HOA Secretary Candice Shultz has personally decided to tackle removing some of the”muck” from the streams. She has started with her building (4861 Lago) and Cabana. She asked for volunteers to help her.
Safety Committee
The Safety Committee needs additional residents to act as building monitors in case of emergencies. They announced that safety classes will be offered. The Safety Committee will be publishing another Newsletter. The Safety Committee is collecting emails for a mail out.
Unfinished Business
A boiler maintenance proposal was deferred to obtained additional quotes and more information.
The boiler system for the buildings 4861 Lago and Cabana (Boiler System #3) are undersize and failing.
The boiler system for the buildings for 4831 and 4791 Lago (Boiler System #2) are failing.
A boiler system on the Grunion side also needs repair.
The Board received two bids for replacement of Boiler System #3. One from a Boiler company and the other from the plumbing company who installed the undersized boiler #3. This undersize boiler was Installed in 2016 and is conveniently out of warranty. Even though both bids were for the same boiler model and President Helen Revalus proposed accepting the boiler company’s proposal, Board member-at-large Terri Piper Johnson proposed that other bids be submitted specifically from another boiler company. Boiler maintenance was deferred.
The pool fence painting proposal was approved subject to additional information.
Roof and Gutter Maintenance Proposal was deferred for more clarification.
President Helen Revalus stated that she did not have enough time to investigate roll up shades. Terri Piper-Johnson proposed establishing an ad hoc committee with former members of the previous Architectural Committee and interested parties to to review roll up shades and provide recommendations to the Board.
New Business
The 2018 Annual Maintenance Calendar was approved.
Secretary Candice Shultz stated that the HOA could not afford repaving of the roadways/parking spaces. She provided a bid from a local vendor for asphalt patching and slurry seal. Candice stated that the material that would be used would last 10 years. Terri Piper-Johnson asked that an additional bid be provided along with more information. See "Slurry Seal".
A homeowner reimbursement for plumbing expense was approved.
Land Lease
Extension of the land lease to 2056 (currently expires 2041 when all buildings revert back to the lease holder) was discussed. President Helen Revalus proposed that an agreement by 80% of the members be “polled” for the Board to pursue a discussion with the lease holder. Helen stated that it is too early any information to exist as to what the discussion with the lease holder will entail. She only wants permission from the members to start a discussion. Secretary Candice Shultz took action item to prepare the “poll” for mail out to the members.
Open Forum
Asked by a member, the Board stated that liens are place on properties if payments are more than three months over due.
A member asked if the stairway hand rails are going to be painted.
Michael Barto provided information that the land lease owner had sent a letter to the HOA in 2013 based on an editorial in Harbour Vista News proposing that he would be happy to loan the HOA the money to repave the roadway/parking spaces at a reduced rate. See Parking Crumbling from 2013.
Michael Barto also suggested that the lease holder might entertain funding the cost of the lease extension to each Homeowner by providing low interest loads which would provide a tax advantages to his company.
The next meeting of the HOA is tenatively scheduled for January 22, 2018 at 6:30pm in the Cabana Clubhouse.■
The land lease company is Dermot Company, Inc. who represent William Dickey who holds the Land Lease for the property owned by the “The Duc Family”. This lands lease will expire in 2056. HOA members hold a sublease with the Dermot Company which expires at the end of 2041. Negotiation for a land lease extension is for an additional 15 years (2042-2056). The land lease company in 2012 negotiated with the “Duc Family” to obtain an extension of the land lease through 2056.
The number that was floated around from the previous Board in 2013 was a one time charge of $5000 per homeowner for the lease extension. The lease owner also wanted to renegotiation of the lease payment schedule. The HOA would assume the collection of the members’ lease payments and be responsible for a single payment per month to the lease holder. This was the first offer. This 2013 Board did not pursue any negotiation.
posted 17 December 2017
November 2017 HOA Meeting Highlights
Rollup Shades Discussion
12% Budget Surplus
New R&R Approved
The Board announced that they had held two executive sessions in addition to the regular monthly executive session. No agenda was disclosed.
Financial Report
It was announced that 21 accounts are over budget this month. Mary reported that HOA had an Operating funds surplus of 12% this month base on HOA budget income for this year.
Committee Reports
Candice Shultz discussed starting of tree trimming at Harbor Vista by the new landscaping contractor S A Landscape, Inc. She proposed new funding for some additional tree trimming. This was approved.
It was announced that that the
Public Safety Committee will hold a meetings on the second Tuesday of each month. This committee is publishing the official HOA Newsletter. The committee would like to obtain emails addresses from members to directly distribute their Newsletter, electronically.
Unfinished Business
New Rules and Regulations were approved after a 30 day members review that was mailed out last month. President Helen Revalus declined a request from a Board member to hold additional “Rules and Regulation” committee.
The Board approved mailing out to the members two addition to the Rules and Regulations for another 30 day review. The news rules will require that offsite owner provide Tenant information to the HOA and distribute copies of the Rules and Regulation to each tenant. Another Rule will ban the flying of drone around Harbor Vista property.
New Business
A Cabana building roof repair was approved.
Re-Plastering of both Cabana and Grunion Pools was approved for next year. This will require the closure of the pools starting in January and lasting throughFebruary.
A Pool fence painting proposal was deferred.
Some remaining wood repair was approved for the Grunion side of Harbor Vista.
Pool maintenance was approved.
A roof and gutter maintenance proposal was deferred.
Wood repair for 4971 building was approved
Helen stated that the recently installed single boiler system for the 4831 and 4791 Lago buildings is failing and that the other newly installed single boiler system for 4861 Lago and 4852 Cabana Buildings has a part that is failing.In talking with the vendors, these two boiler systems seem to be undersized for the buildings. The Board deferred any approval for repairs or replacement for these systems until further investigation.
Reclassification of Plumbing Invoices were assigned to the reserve account removing them from general operating funds expenses.
Permission was granted to Secretary Candice Shultz to decorate the light fixtures and other things at Harbor Vista for the Holidays. This will be at her expense. She is getting a group together to do this.
The Board President and Secretary Shultz both proposed a change to the Rules and Regulations to allow rollup shades on the balconies and patios. Treasurer Mary Williams did not want this supported. She said that with such a change, only bottom and 2nd floor units could support shade installations. She felt that shades should not be allowed until a solution is found to support third floor installation such as her condo. Discussion was deferred to the Architecture Committee. Helen did not want this committee to meet with the general members to discuss this.
Architectural Requests
The Board approved two Architectural request. One was approval with a reduction in scope eliminating a double door.
Open Forum
A member complained about their upstairs member washing down their balcony of dog pee and feces. The Board approved a violation letter for health reasons be send to the upstairs property owner.
A member asked about installing an Air Conditioning system in their unit. Treasurer Mary Williams said that she have had an approved HOA system installed in her unit and would be more than willing to show anyone what she had done. Members may contact via her email ([email protected]).
A member stated that he did not agree any reduction in the number of dumpsters at Harbor Vista as was proposed at the October HOA meeting. Other members in audience agree with this member. The Board is still auditing the dumpster.
Someone asked about the state of the roads/parking spaces. Secretary Candice Shultz stated that the HOA cannot not afford to repave the roads/parking spaces. Candice Shultz stated that she will propose in the January HOA meeting to some slurry coat seal and some spot repaving. See Maintenance Happenings April 2014 Roadway Repair.
A member asked why the HOA could not have levied a special Assessment to cover the shortfall in the HOA budget instead of raising the dues. Helen states that according to Davis-Sterling special assessment are limited to 5% of current fiscal year's budget or approximately $50,000. The HOA needed about 6 times its yearly income to zero the balance due the reserves in three years. See note 2.
The next meeting of the HOA is tenatively scheduled for December 18, 2018 at 6:30pm in the Cabana Clubhouse. ■
Editor Note:
Under this new Board the required HOA Architectural Committee consist of only Board members. Though the Architectural Committee had existed last year with five members and would hold open meetings,President Helen Revalus has chose to dissolve this committee and re-organize it with only Board members.
Davis Sterling does limit a special assessment to 5% of current fiscal year's budgeted. This assessment can be levied with only a vote from the Board. But special assessment can be levied above the 5% by vote of the member ship. Also, dues cannot be raised by more than 20% without a vote from the membership. Starting in January, Helen’s new HOA budget raises the dues by 19.7% which just missed requiring a vote from the membership.
posted 23 November 2017
Octrober 2017 HOA Meeting Highlights
NEW FINE POLICY ADOPTED
New Landscape Company
Spreadsheet Refuted?
The October Meeting of the HOA was held in the Cabana Clubhouse. It was called to order by President Helen Revalus. Other Board members in attendance were Vice President Mike Peduzzi, Secretary Candice Shultz, Treasurer Mary Williams and Member-at-Large Teri Piper-Johnson. Action Property Manager Peggy Shaw and her supervisor Rhonda Hart were in attendance along with 11 members.
Financial Report
Because at the last month’s meeting, the President Helen Revalus had told Action to reverse the funds in the Reserve Account for 2017, the TreasurerMarry Williams announce a positive cash flow of approximately $61K. This deficit dates back almost two year ago starting December 2015. This surplus represents approximately 6% of the yearly HOA assessments. With this reversal, the Reserves Account had dropped by approximate $168K. This is expected to be paid back with the new HOA assessment rates to be implemented starting January. See “Who Got What” March 2017 Harbour Vista Newsletter to see where some of the money went.
Committee Reports
Landscaping Committee
There was no formal meeting of the Landscaping Committee this month. But a walk thru of the property was performed.
Public Safety Committee
The safety committee has decided to publish a Newsletter. See Note 1
The committee wants to set up CPR training sessions for residents.
The committee wants to establish a community watch program.
There are issues a drone flying around the property. The board felt that these are nuances.
This committee is looking for volunteers.
Unfinished Business
A new revision to the HOA Rules and Regulation will be sent out to members for comments to be approved at the next meeting. Helen Revalus want to add a new section for offsite property owners. She wants t require owners to provide tenant information. Helen also wants another section to band drones from the property.
This years Reserve study will be approved after some corrections are added. The elevator count was not correct along with some other issues.
A new “Enforcement and Fine Policy” was adopter by the Board. "Non-compliance" assessment went from $100 to $200. "Failure to Comply" went from $200 to $300. "Sequence Fines" went from $300 to $500. Not explanation was provide for these increases.
The Board approved the selection of a new landscaping serviceS. A. Landscapers. This will be effective December 1, 2017. For the same price as the previous vendor, S. A. Landscapers will provide more services. Member at Large Terri Piper-Johnson was instrumental in locating this vendor and this selection was independent from recommendations from Action.
The Board approve trimming of three tree.
Selection of a tax and audit service was approved.
Helen Revalus discussed the status of the Harbour Vista garbage dumpsters. Some garbage dumpster are over used and some are under used. She had observed that the Landscaping company Bemus deposits gardening trash from the Grunion side in the Lago dumpster. She is planning at January HOA meeting after the holidays to propose reducing the number of dumpster from 13 to 10.
It was voted to not renew the Costco membership card.
One lien was approved.
There were no Architectural Requests this month.
Helen's Announcement
President Helen Revalus announced at the meeting, that member Michael Barto had made an error in his Excel spread when he provided documentation to the Board reporting a discrepancy in the April 2016 Action financial statement of approximately $71,000 along with other discrepancies.He did not accept there findings. See Note 3.
Open Forum
A members complained about irrigation problems.
A member complained about dog facies in the pool area. The Board stated that no dogs are allowed in the pool area.
Members complained about Cigarettes in the parking lot and on the roof around one of the Grunion buildings.
The next meeting of the HOA is tenatively scheduled for December 18, 2017 at 6:30pm in the Cabana Clubhouse. ■
Note:
The official Harbour Vista Newsletter from the Board which is called HV HOA News was posted under the glass cabinet at the mail boxes.
Michael Barto refutes the Presidents claim that his calculation are wrong. The April 2016 statement show the exact same number for the money “owed the reserve” and the “money in the reserve”. When added together to represent the Reserve Account, it is off $71K. This discrepancies is on the first page of the statement. This implies that manual entries are being made. Similar statements months prior and months after add up correctly.
posted 21 September 2017
September 2017 HOA Meeting Highlights
19% RAISE IN DUES APPROVED!
President Lashes Out at Member
Meeting with Property Management
The September 25th HOA meeting was called to order by President Helen Revalus. Other Board members in attendance were Vice President Mike Peduzzi, Secretary Teri Piper-Johnson, Treasurer Mary Williams and Member-at-Large Candice Shultz. Action Property Manager Peggy Shaw was present along with her supervisor Rhonda Hart and 19 members and renters.
Financial Report and Other Issues
The Board refused to approve the financial statement prepared by Action Property Management because of discrepancies with the numbers.
The Board did not approve the minutes from the last meeting. They want the statement corrected that Action Property Management was holding checks and the Board had never authorized this practice. The Board asked for an accounting of year to date of the general ledger. Action will submit new minutes at the next meeting for approval.
Committee Reports
It was announced that the Architectural Committee was not formed at its initial meeting September 13th due to lack of attendance. The Board has assumed this committee’s responsibility and approved some requests.
The new Charter for the recently creation of Safety Committee was approved. This new committee will incorporate the duties of the former Parking Committee as well be expanding its charter to encompass safety and emergency preparedness.
Reserve Funding Discussion
The Board controls the management of the HOA Reserve Funds by assigning its allocations and collections. Money can only be transferred from the Reserves to the HOA Operating Account by formal vote of the Board. Borrowing from the Reserves is assigned as debt owed by the HOA. This current Reserve debt goes back many years with many Boards. This year the HOA was aggressively paying back the Reserve account while allowing operating funds to go into the red. Helen Revalus asked Action to reverse allocations to the Reserve starting at the beginning of this year and return them to HOA operating funds.
Meeting with Action
At the Board's request, a meeting was held with Action Property Management to discuss the state of the HOA. All Board members were in attendance except for Terri Piper Johnson. Peggy Shaw, her supervision Rhonda Hart and President/COO Marianne Simek represented Action. The Board presented a six pages list of question. Most were answered at the meeting, but some still remain outstanding. The Board announced that it is going to perform an audit of Harbour Vista’s accounting. The Board now has access to check registry and invoices through a web site and can identify when checks are mailed and invoices are received. The Board expressed that the HOA had not been managing the Property Management Company and this was going to change under this new Board.
New Business
The Board approved Electronic Doors and Gates to install at cellular system for the Cabana Gate at a monthly fee for its use. This will be cheaper than the phone company's land line service and will provide payback in approximately 30 months.
Problems with the Lago gate have been identified as the responsibility of telephone company Frontier who will laying new lines.
The Board rescinded any outstanding work and uncompleted proposals by Bemus Landscaping. No action was taken on any of Bemus’ current proposals.
The Board announced that during the repaving of Hell Avenue and Green Street, that the Fire Gates will be open at the end of Lago-Blackbeard and the at the end Grunion.
Two garage roofs were approved for repair.
Action will credit the HOA the $3036 for the late fee charge for elevator inspections. Though checks were cut, they were never mailed.
More Responsible
The Board asked that members should take more responsibilities as to the management of the property before contacting the Action. An example was that seven phone calls for broken elevators had cost cost the HOA $5200.These elevators were never broken. In follow on meetings, the Board will setup members rules and procedures for working with Action. Action’s representative Peggy Shaw expressed that members should be more pro-active as “eyes on the ground”. An example was a recent weed removal by Treasurer Mike Peduzzi in a Boiler enclosure. Even though Bemus is paid to take care of this, it would have been an additional expense for them to come out on a emergency bases to do this.
Budget for 2018
The draft 2018 budget that was presented at the recent open session Budget Committee meeting was approved by the Board. It raises the members dues by 19% starting January 2018. The new budget allows the HOA to pay back the loan from the reserves in three and half years while providing funds to maintain the HOA. This budget was developed from usage figures provided by Action and review of invoices. The Board stated that assessment over the last five years should have gone up from 3 to 4 percent. However, in reality they had only gone up 2.6%. Helen stated that inflation alone for each year had been 3%.
New Business Continues
The recent Rules and Regulations approved by the previous Board had never incorporate comments submitted by members from the review process. At the recent “Rules and Regulations” Committee meeting, these rules were revised to incorporate some of the suggestions and correct technical issues. A new version of the "Rules and Regulations” will be mailed out to the membership for a 30 day comment period before final approval by the Board.
Terri Piper-Johnson announced that she would step down as Secretary but will remain on the Board as a “member at large”. Candice Shultz assume the position as Secretary.
Reserve Study
The draft reserve study was rejected by the Board because of inaccuracy. The HOA must have an approved reserve study to go forward the next year. Action Property Management will ask the reserve study company to make corrections for final approval by the next meeting.
Attack Again Michael Barto
Helen stated that Michael Barto’s Newsletter does not represent Harbour Vista. That Michael mis quoted her in his publication by saying she apologized for the handling of Michael Barto removal from the Board immediately after he was elected with 34% of the vote. She stated that she did not apologize for removing Michael Barto. Instead she only apologizes for the entire Board because mishandling the open and closed meeting sessions to seat the new board and remove Michael Barto. His removal followed elections rules whether it was an open session or closed session. She blames Michael Mengel, Mary Williams,Terri, Piper-Johnson and Peggy Shaw for not speaking up during this closed meeting.
Helen continued that she had not stated as noted in the Newsletter that something had happen in 2012. She said that she really stated that the “reserver issue” had started long before 2012 and they only have records back to 2012.
Continuing her attach, Helen read a portion of a letter from Michael Barto asking for a private meeting. She felt this was threatening. Helen stated she does not respond to threats and stated that she will never meet with Michael Barto on a one on one bases. See Michael’s letter here to make your own decision.
Open Forum
Members also express concerns about the large increase in the assessments representing almost $90 increase per month for each homeowner.
Michael Barto stated that raising the dues by 19% was out of control. “This is a blue collar community and not all members can afford this”. He felt that two months was not enough time for this new Board to effectively evaluating the HOA financial and to develop a new assessment rate. He felt that the dues should only go up by 3% to 4% to start and after the complete audit next year be adjusted accordingly.
In looking at the monthly Action financials for the HOA, Michael Barto announced that he had found several math errors. He stated that these statements are generated by computer and computers do not make math errors. It appears that these entries are being made manually.
The Property Manager Peggy Shaw stated that the HOA financial statements are computer generated. Michael provide the Board with documentation showing these math errors. He specifically pointed out the missing of $71K in the April 2016 statement where the “due the reserves” and “owed the reserves” did not add up to the “total reserves”. There were also other examples.
A member asked why this new Board seems so un-enthused with being on the Board and seem uncomfortable. They removed the "top getter" Michael Barto which seems to be for personal reasons. Obviously there is some animosity. It appears that he was a person who the members really wanted while this Board seems to not like being on the Board. Board Terri Piper-Johnson stated she had step down as Secretary to become a member at large because of personal reasons.
The Board announce that they are spending money with the HOA Legal Council to review the legality of the Election Rule that was used to remove Michael Barto from the Board and where a member petition was submitted to have it removed.
A member asked why the HOA has so many slab leaks. He stated that there are only two reasons that copper pipes would fail. The Board admitted that they did not know why. They asked the member to contact the HOA plumber Crandell and discuss the issues and report back to the Board.
The next Open Session meeting of the HOA is tentatively scheduled for Monday October 23rd at 6:30pm in the Cabana Clubhouse. ■
Note:
The proper way to have prevented Michael Barto from being elected to the Board, would have been to make a complaint to the independent Election Inspector who was present at two meetings during the election. That way his votes would have never been counted. But the Election inspector would have looked at Davis-Sterling Act and would have found that residency was not a listed as grounds for disqualification. But the Board to defend its actions is now spending HOA funds with General Council to prove what they did was legal. Why waste the money? If three members on the Board do not what to server with Michael Barto, it is totally legal to vote him off. Let's put this to rest. The excuse that they are spending money on legal because of a petition to remove the residency requirement is non sense since this restriction was added in 2014 specifically to prevent Michael Barto from running for the Board.
If any member would like a copy of the financial discrepancy document I submitted to the Board, simple send email to [email protected] and identify yourself as a property owner by providing your unit address.
posted 15 August 2017
August 2017 HOA Meeting Highlights
ELECTION EXPLAINED
Mike Peduzzi Appointed Vice President
Petition Presented
Financial Discussed
The first open meeting of the new Board was held August 28th in the Cabana Clubhouse. It was called to order by our new President Helen Revalus. Other Board members in attendance were Secretary Teri Piper-Johnson, Treasurer Mary Williams and Member-at-Large Candice Shultz (new members). Action Property Manager Peggy Shaw was present along with 31 members.
Apology to the HOA
President Helen Revalus apologized to the membership saying that the removal of Michael Barto as an elected Board member was not handled properly. She stated that the current President Mike Mengel had inadvertently discussed closed session issues at the Open Meeting (Election) on July 24 and therefore when the new Board was elected, they were in an executive session. Executive Session requires that memberships be excluded form this meeting. Even though there is a requirement to immediately hold an organizational meeting to seat the new Board in open session after the election, the newly elected Board voted to remove Michael Barto from the Board in this closed session prior to the organizational meeting which they held in close session. To correct this, the new Board held another meeting on August 14 at Mary Williams’s condo as an open organizational meeting.
Financial Report
Both Board member Helen Revalus and Candice Shultz have experience in keeping financial record. Helen stated that the finance statements show an inaccurate view of the HOA. Helen wants to look at the finances in a simplified manner by combining the reserves and the operating funds into a single view. Peggy Shaw took issue with this stating a Civic code requires a separate reserve fund accounting system.
This new Board informed the members that even though checks had been written, they had not been mailed. Some check have been allowed to expire. Some vendors have not been paid for months. It was not clear why this practice is occurring. These lack of actions, have consequence to negatively distorting the HOA operating account.
Helen Revalus stated that something had occurred in 2012 (5 years ago) that had caused some other issues with the HOA financials.
Committee Reports
The new Board announced that they are reorganizing the exiting committees except the “Parking Committee” and creating three new ones. They announced the formation of the “Safety”, “Financial” and “Rules and Regulations” committees.
The President stated that all committees will work independently of the Board providing inputs and recommendations.
The Board asked for volunteers to for all the committees. All committees except for the Architectural Committee are open to any HOA member or resident of Harbor including renters. The Architectural Committee is restricted to HOA members only.
The President stated that there was only one submission to the Architectural Committee. It was being re-submitted as the requested retrofit windows have to slide in the same direction to resemble the original windows.
Unfinished Business
The HOA restoration policy was again reiterated. Members need to report any slab leaks immediately. It is the HOA policy that all homeowners must carry property insurance (CC&R’s Section 9.03). The HOA will only pay for repairs of the common area systems and not any damages associated with these system failures.
New Business
Board member Candice Shultz asked Mike Peduzzi to become the Vice President of the HOA and he was seated.
The Board announced that reserve, investments, and assessments would be discussed in the meeting of the Budget Committee on Wednesday September 20, 2017 at 6:30pm in the Cabana Clubhouse. This is an open meeting.
Open Forum
A member complained that the HOA vendors seem clueless about how they do work around Harbour Vista.
A member expressed concern that some trees were dying. It is expensive to remove or replace these trees and they need to be maintained.
The Board answered questions about the land sub lease that expires in 2041 (23 years). The Board is intending to open negotiations. These discussions have been on hold since 2013. They stopped after the sublease holder expressed that the HOA was was acting unprofessional in the negotiations. See Note 2 below.
A petition was submitted with 33 member names requesting that the Election Rule that prevents non-resident property owners from serving on the Board be removed.
President Helen Revalus stated that even though more than 49% of the members are offsite owners, she felt that that this group of property owners already have a say in how Harbour Vista is managed. They speak at the open forums and participate in the committees. An offsite owner asked it the Board would think the same thing, if the roles were reversed. Only offsite owners were only allowed to server on the Board and residents were excluded.
Board member Terri Piper-Johnson expressed supported to removal of this restriction.
The next Open Session meeting of the HOA is scheduled for August 28th at 6:30pm in the Cabana Clubhouse.■
Notes:
Action Property Management posted the HOA Financial Statement ending July 31, 2017 after the meeting. It shows a financial deficit of approximately 14% of the HOA yearly assessment income. This is a 1% increase from last month or approximate $63 per homeowner per month for one year.
At a recent committee meeting, it was mentioned that the Land Sub Lease holder has been contacted. Originally it was thought he wanted a petition signed by 150 members to proceed with negotiations. It is has been clarified that he only a letter from the HOA is now required.
posted 15 August 2017
July 2017 HOA Meeting Highlights
BROKEN STREAM SMELL
Dues Must Go Up
Renter Removed From Meeting
Water Damage Restoration Policy
Board members in attendance for the July HOA meeting were: Mike Mengel, Mary Williams, Ted LaMantia, Mike Huma and Terry Piper-Johnson. Action Property Manager Peggy Shaw was present along with 32 members. This was also the Election Meeting with the number of casted votes rising to 75 with quorum being reduced to 46. Voting was closed by “Majority Rule” who was facilitating the election. Counting of the Ballots continued till the end of the regular meeting.
Open Forum
A member asked that two renters be asked to leave the meeting. President Michael Mengel agrees stating that the HAO meeting was for members only. The two renters left the meeting.
Open Forum
Complaints were discussed about the smell coming from deteriorating sludge as dried out. The stream which surrounded the 4861 Lago and part of the Cabana Buildings had been drying out for more than three week due to a broken pump system. The HOA informed the members that the vendor was waiting for delivery of the pump to repair the stream. The pump is an odd size which is not normally in stock. It was observed that there is a lot of mud in this stream as it settled.
Landscaping complaints were again voiced.
Financial Report
The HOA reported that it is carrying an operating expense deficit of approximately 13% of the HOA yearly assessments. There was a modest rise from the previous month. It should be noted that this deficit represent approximately $61 a month for a year for each property owner. The Treasurer Mary Williams stated that this deficit was due to mostly common area expenses with Slab Leaks and Roof Repairs. She also stated that utilities seem to be higher than usual and asked Action to check into this.
Dues Must Go Up
The Property Manager Peggy Shaw announced that the HOA Assessment for each property owner will need to be increased more than the typical yearly increase. The reason was because of the on going deficit and the increase in cost for services for the next year.
Committee Reports
Architectural Committee:
The Spokesperson/Chairman Michael Barto announced that the Committee had held an open meeting on June 29th. Unofficial minutes were published in Harbor Vista News. The Committee approved three request:
Front door replacement
A Split Air Conditioning System
Transfer of Attic Space (Exclusive Use Common Area) to homeowner for remodeling and upgrade as storage space.
The committee discussed tentative additions to the Architectural Guidelines which were published in Harbor Vista News.
Parking Committee:
The Spokesperson/Chairman Brenda Richardson announced that she would start painting red no parking strips in front of members garages to allow police ticketing for Parking violation.
Landscaping Committee:
The Spokesperson/Chairman Terri Piper stated that Committee will be complaining to Bemus Landscaping about poor work and incomplete projects.
Unfinished Business
The Board approved purchasing fans lights for the clubhouse.
A proposals for upgrading a non standard HOA Deck Modifications for 16521 Grunion #201 was disapproved. Though this balcony was funded as an experiment by the HOA and did not match the other balconies at Harbor Vista, the HOA will not return this balcony to its original design.
More investigation for LED lighting proposal was also requested.
New Business
Proposals for mastic and caulking at both pools was tabled.
Approval of the broken brick wall at Heil and Green on the Grunion side was approved.
The Board stated that their policy to pay for water damage had been misinterpreted. The HOA is only required for the restoration to repair the leaks and not to damage caused by the leaks. The HOA CC&R’s (Section 9.03. Rights and Duty of Unit Owner to Insure) require that each property owner carry homeowner insurance on their unit. Michael Mengel admitted that in the past, the HOA had been too lenient with members by paying for damages that were not the HOA responsible.
The Board stated that if a homeowner even suspects a slat leak or pending water damage, they must immediately report it to Action Property Management.
A proposals for repair of 3 Parking Areas was deferred.
Proposal for Additional Janitorial Service was allowed to dies.
The next Open Session meeting of the HOA is scheduled for August 28th at 6:30pm in the Cabana Clubhouse.■
Notes:
At the end of the General Meeting, Majority Rule presented the results of the Election to the Property Mangers Peggy Shaw who announced the results. See Election Results.
During the pump failure a stream, a few members of the HOA tried to wash down the mud from the rocks and remove some to the slugs that had turned to dust.
posted 24 June 2017
Correction: A Deck Modifications for a unit in 16521 Grunion building was not approved. It was tabled.
June 2017 HOA Meeting Highlights
RENTER PROTEST CANDIDATE?
Rules and Regulations Approved
Video Doorbell Complaint
Board members in attendance for the June HOA meeting were: Mike Mengel, Mary Williams, Ted LaMantia, Mike Huma and Terry Piper-Johnson. Action Property Manager Peggy Shaw was present along with 32 members. This was Election Meeting. But quorum (91) was not met as the number of votes case were 73. This required that the Election Meeting be reschedule till July 24th when the quorum will be reduced to 46. The regular meeting continued:
Open Forum
Two renters read a statement from the former HOA President Gayle Poynter who was not present. In the statement, Gayle Poynter stated that Michael Barto was not a qualified candidate for the HOA Board because Harbour Vista is not his "primary residence". In this plea, both renters called Michael Barto a lier approximately 25 times. They stated that Michael Barto was responsible for the HOA spending all money on litigation against a member of the HOA. Michael Barto did not respond to any of these remarks but was somewhat amused by the allegation that he was responsible for the HOA spending money since he has not held authoritative position on the Board since 2013.
A member defended Michael Barto saying he had done more than anyone for the HOA and the renters remarks were out of line.
A question was asked as to why the HOA Legal Council has allowed Michael Barto’s name to appear on the ballot. The Board announced that they had asked their legal council to disqualify his candidacy. But attorney suggested that the new Board after the election, would take up this matter, if Michael Barto receives enough vote to be elected.
A member asked why there is this Election Rules adopted by only three Board members in 2014 which disqualifies property owners who do not call Harbour Vista their primary residents. This in effect dilutes these members shares in the HOA corporation and prevents them from having a say in how the HOA is managed. President Mike Mengle stated it was because offsite members control too many votes. Currently offsite property owner represent 49% of the membership.
A member complained that a video doorbell had been installed by her neighbor that could spy on her conversation in her one bedroom living room across the hall when she had her front door open. The Spokesperson for the Architectural Committee Michael Barto, suggested that this issue should be addressed by the Architectural Committee. He invited this member to attend a forthcoming meeting this week to present her complaint.
A member asked if she could sponsor a garage sales at Harbor Vista. The Board said to go ahead and they would provide support by opening the gates.
Financial Report
The HOA reported that it is carrying an operating expense deficit of approximately 13% of the HOA yearly assessments. This was a 2% rise from the previous month. It should be noted that this deficit represent approximately $60 a month for a year for each property owner.
Committee Reports
The Landscaping Committee reported that Candice Shultz planting club of several residence were asking members to contribute funds and labor for new plantings and mulch around Phase I buildings (Blackbeard, Cabana and Lago).
Parking Committee spokesperson Brenda Richardson stated that she was in the process of getting the red line painted on each garage entrance. She had contact the Police Department and obtain instructions as to the requirements for lines for a the vehicle to be ticketed.
Unfinished Business
Approval for Bemus Landscaping proposal was again tabled because of funding issues.
The Fire Alarm Panel replacement was approved.
The Board approved new Rules and Regulations that were out for comment for two months. Many members had submitted correction and suggestions. The Chairman of the Rules and Regulation Committee Mary Williams expressed that she had not had the time to integrate these suggestions and corrections into the original draft and would expect the next Board to revise them anyway.
New Business
HOA Liability Insurance was renewal.
Roof repairs at 16542 Blackbeard was approved
A tree removal proposal was approved.
Deck Modifications for a unit in 16521 Grunion building was tabled. This will restore the owner deck to "as-built" original design. A couple of years ago, the HOA had experimented with a different balcony design to save money. But this design was less secure and aesthetically un pleasing.
A proposal for LED lighting upgrade was deferred. A member volunteered to look into it.
This will seat a new Board. The next HOA open meeting is schedules after the new Board is seated on July 24th starting at 6:30pm in the Cabana Clubhouse.■
posted 11 June 2017
May 2017 HOA Meeting Highlights
VAGUE RULES AND REGULATIONS?
Landscaping Big Concern
Operating Deficit Growing
The May 22 monthly HOA meeting was held in the Cabana Club House. Board Only three members from the Board were in attendance: Mike Mengel, Mary Williams and Terry Piper-Johnson. Ted LaMantia and Mihai (Mike) Huma were not present. Action Property Manager Peggy Shaw was present along with 13 HOA members.
Open Forum
Members for 40 minutes expressed concern about the landscaping and the vendor. Areas are not being mowed. Poor grass edging. What is going on with planting.
Member asked for clarification of some of the proposed Rules and Regulations wording. It was felt that wording was not clear and vague
Members expressed concern about the elevators not being clean.
A member asked about the settlement amount of $12K that was awarded for a slab two leak issue that was mention in the recently released 2016 audit report. The member asked what additional legal expenses were incurred with this settlement. The Board did not seem to have that information readily available. Nor did they say they would provide it later.
Announcement
It was announced that Parking Placards for visitor parking would be shortly issued to members.
Financial Report
The HOA reported that it is carrying an operating accounts deficit of approximately 11% of the HOA yearly assessments. This was a 3% increaase from the previous month.
Unfinished Business
Approval for Bemus Landscaping planting was again tabled.
The Fire Alarm Panel replacement was approved.
The new Rules and Regulations were approval was again deferred.
New Business
After a discussion, the Proposal for repair of the Electronic Door and Gate was deferred. See Lago Gate Phone Line Broken,
Replace of Boiler #5 and Boiler #6 affecting Buildings 4861 Lago and 4852 Cabana were approved. (Scheduled for June 7th)
The Cabana Clubhouse enhancements were discussed with no conclusion
Four liens were approved for non payment amounting to $10K.
The Annual Meeting (Elections) is Scheduled for June 26th starting at 6:30pm in the Cabana Clubhouse. This election meeting will either meet quorum or will be continue at another time. The next Open Session meeting of the HOA is also scheduled for June 26th with an agenda that will be posted.■
posted 19 May 2017
April 2017 HOA Meeting Highlights
APPROVAL OF REGULATIONS DELAYED HOA President Will Not Run
Land Lease Questions
The April 24 monthly HOA meeting was held in the Cabana Club House. Board Members in attendance were Mike Mengel, Michael Huma, Ted LaMantia and Mary Williams. Action Property Manager Peggy Shaw was present along with eleven members. Board member Terri Piper-Johnson was not present.
The main gate to the Cabana Pool had been pad-locked by the maintenance vendor, and access to the Cabana Clubhouse was prevented till an alternate utility gate from the Cabana parking roadway was opened.
Open Forum
Members expressed concern with the landscaping vendor again. Comments were that areas are not being mowed. Edging of grass is sloppy. Board member Mike Huma reported that the carcinogen weed killer Roundup was still being used.
A member asked why she was not contacted by the Landscaping Committee as they said they would from the last meeting. This member who resides on the BlackBeard-Cabana-Lago side was invited to participate in a landscape walk-thru. The member is concern that the Grunion gets all the landscaper’s attention and the BlackBeard-Cabana-Lago is left out. It was reported that this was an oversight and she would be invited for the next scheduled walk thru.
Several members expressed strong concerns about the Cabana Pool Area closure for just the repair of the Spa. Instead of closing the whole Area, it was suggested that the spa be yellowed tape instead to prevent people from using it.
The Board reported that the Grunion pool is leaking and has been closed. But the Grunion Spa has remained open.
A new Harbour Vista resident asked what were the requirement to install an Air Condition system in his unit. He wanted to know if there was a recommended vendor or type. The Board directed him to the HOA Architectural Spokesperson Michael Barto for information. Treasurer Mary Williams stated that she would be willing to provide a tour of her min-split air conditioning system in her 1BR unit to anyone who is interested.
A member asked about the Land Lease. No action is currently being taken in this regard. Peggy Shaw has been unable to obtain the contact information for the lease holder William Dickey. Michael Barto said the last thing he remembers going back to 2013, was a proposal for each member to pay an estimate$5000 to extend the lease to 2056 A new lease payment schedule was also to be negotiated. William Dickey said he would only talk with the HOA president and without attorneys. Michael Barto suggested the Action start with Dermot Reality to contact William Dickey.
Financial Report
The HOA reported that it is carrying an operating accounts deficit of approximately 8% of the HOA yearly assessments. Gas expenses were high this month. A possible reason is that members are not turning off the gas barbecues when they are finished. It was suggested that signs be post for the proper way to turnoff the gas barbecues.
Committee Reports
Parking Committee
The Board appointed Brenda Richardson as the new Parking Committee Spokesperson.
Architecture Committee
Spokesperson Michael Barto said had been working with the City to develop a policy for a wall electric space heater system that are installed in some unit without permits. The Architectural Committee will develop Guidelines for electric space heater system installations.
Landscaping Committee
There was no Landscape Committee report.
Annual Meeting Checkoff List (Elections)
The Board established the Annual Meeting (Elections) for June 26. Notices will be sent out. Candidate nominations must be received no later then May 24. To vote in this election, a member must be the owner of record by May 26th. As in the last four elections, Majority Rule will facilitated the Elections with count and publishing the election results.
President Mike Mengel announced that he would not run for re-election. He stated that he has been doing this for so many years and would like to move on.
Unfinished Business
Approval for Bemus Landscaping planting was again tabled.
Adoption of the Rules and Regulations was deferred till the next meeting as several members stated that they have never received their printed copies in the mail to review and submit comments.
New Business
Deck Repair for 4852 Cabana was approved
Roof repairs for 16551 Grunion, 16521 Blackbeard, 4791 Lago, and 4861 Lago were approved
Required Elevator Load testing was approved
The next Open Session meeting of the HOA is scheduled for May 22nd at 6:30pm in the Cabana Clubhouse.■
Notes:
MORE LANDSCAPING COMPLAINTS Dismiss Legal Counsel Petition
Use to Attic Space Approved
The March 27 monthly HOA meeting was held in the Cabana Club House. Board Members in attendance were Mike Mengel, Terri Piper-Johnson, Ted LaMantia and Mary Williams. Member at Large Mike Huma was absent. Action Property Manager Peggy Shaw was present along with sixteen HOA members.
Open Forum
A member complained that Bemus Landscaping was only watering the Grunion side of the complex (Phase II) and but not the Cabana, Lago and Blackbeard side (Phase I). This member was invited to participate in the Landscaping Committee weekly walk-throughs.
A member complained that the fiberglass in the Cabana Jacuzzi is in poor condition and is making the Jacuzzi unsafe. (See note below).
A patio drain issue at 4861 Lago building was discussed. Action said it would be fixed by next Monday. See: (Tripping Hazard Exposed)
Another member complained that it takes too long to get roofs repaired. She expressed that the vendor seems to be tripping over themselves and not accomplishing anything. The Board announced that they would be approving more roof repairs at this meeting.
Michael Barto presented a petition signed by 19 members requesting that the HOA dismiss their legal counsel Berding & Weil LLP for unethical practices and excess legal expense with nothing to show for it. See: (Who Got What)
On an unrelated issue, Michael Barto asked why he had not received any notification from the HOA with regards to removing the resident requirement restriction in the Election Rules. This restriction prevents him for running for the Board. He made this request two months ago. The Board was surprised that he had not received their rejection letter. Michael Barto feels that the Board could prevent other members from seeking office anytime they wanted by passing these type arbitrary rules. A member spoke out saying that no one would vote for him because no one likes him.
Financial Report
The Treasurer Mary Williams reported that the HOA finance this month is carrying an (operating accounts deficits) of approximately 9% of the HOA yearly assessments. This is a 2% rise from last month.
Committee Reports
Architecture Committee
The Spokesperson/Chairman Michael Barto announced that the architectural committee (ARC) held a meeting to approval an attic space remodeling project for storage for a three bedroom upstairs unit. The ARC approved the piercing of an exterior wall for new vent systems. But the ARC denied permission to the homeowner to relocate the attic crawl entrance from the master bedroom walk-in closet to the laundry room. The ARC felt it would be too easy for owner to use the space as an illegal living space.
This member’s architectural application had formally requested use of the attic space for storage. This attic space is classified as Exclusive Use Common Area (EUCA) the same as garages. Even though the ARC felt this was acceptable under the new Civic Code 4775 (AB963), the committee felt that only the HOA could approve use of the EUCA for a storage space. The ARC requested that the Board vote for approval. The board voted to approve the ARC minutes and granted the homeowner the use of the EUCA as a storage space.
Parking Committee
The parking committee spokesperson/chairman was not present and there was no report.
Landscaping Committee
The landscaping committee spokesperson/chairman Terri Piper stated that committee continues to walk the property every week and notifying Bemus Landscape of their concerns.
Unfinished Business
Humburg & Associates proposal for repair of the roof structure gate kiosk was approved
Bemus landscaping proposal was tabled
The new Rules and Regulations were voted to be distributed to the membership for 30 day comment review.
New Business
The draft audit was approved.
Approval was granted to Island Pacific to repair roofs for 16521 Grunion, 4791 Lago, and 16542 Blackbeard buildings
Bemus landscaping was granted approval for tree trimming
No liens were issued in the Executive Session.
The next open session meeting of the HOA is scheduled for April 24th at 6:30pm in the Cabana clubhouse.■
Notes:
Because of the fiberglass issue in the Cabana Jacuzzi, the whole pool areas have been closed. This is similar to the problem with the Grunion Jacuzzi two years ago. See November 2015 MaintenanceHappening - Grunion Jacuzzi.
Michael Barto served on the HOA Board in 2012-2013. He was followed by another nonresident Tim Jordanides who served the following term. The current election rules were approved during the 2014-2015 HOA term by a previous Board to disenfranchise Tim Jordanides because he complained that the HOA was spending too much money on legal. If the current election rules continue to stands, only three members board could pass other arbitrary rules such as not allowing a retired person to serve on the board,, not allowing a person with a degree to serve, not allowing our current legal resident Mike Huma a non US Citizen to serve on the board or any other convenient cherry picking method. Out of 180 members in the HOA, only 97, (53%) can hold office. 83 members cannot. In the last election, candidates run unopposed. For the election two years ago, there was only one candidate on the ballot.
Michael Barto is at odds with three members of the current board. He has expressed that they foolishly pursued legal action by sequestering themselves from facts and giving a blank check: to our legal counsel. (Click this link to see his petition).
posted 21 March 2017
February 2017 HOA Meeting Highlights
LANDSCAPING COMPLAINTS Construction Violation
Release of New Rules and Guidelines
The February 27 monthly HOA meeting was held in the Cabana Club House. Board Members in attendance were Mike Mengel, Terri Piper-Johnson, Ted LaMantia and Mary Williams. Member at Large Mike Huma was absent. Action Property Manager Peggy Shaw was present along with sixteen HOA members.
24HRC Presentation
24HRC (24 Hour Restoration and Construction) provide a detail presentation for repair of Harbour Vista balconies. During the rains in February, may residents had issue with water leaking from their neighbors above. 24HRC identify the cause as deteriorated flashing or in some cases no flashing at all.
Open Forum
A member complained that a broken light had not been fixed for several weeks between the two Blackbeard buildings. She was concerned about this when walking from her parking space or garage at night. A tree had fallen breaking the light, but not the fixture. It was pointed out that Horizon light only performs maintenance once a month. Any other repairs would be on an emergency bases at additional fees. As a follow up a member installed a new light in the fixture that night as his expense.
Several members complained about the current landscaping by Bemus: “too many weeds”, “trimming of plans questionable”, “the property is not being properly keep up”, “Bemus dose not visiting the property enough”.
Parking was again a large discussion. The Board reiterated that non commercial vehicle shall NOT park overnight on the property. It was pointed out that a friend of an owner was ticketed because her car had a Herbalife sign on it.
Complained were made about clogged rain gutters with repairs not being forthcoming. The Board expressed that approvals for roof and gutter repairs would take place that evening.
Financial Report
The HOA reported that it is carrying an operating accounts deficits of approximately 7% of the HOA yearly assessments, down from 10% last month.
Committee Reports
Architecture Committee
The Spokesperson/Chairman Michael Barto announced that the Architectural Committee (ARC) had approved “replacement sliding doors/screens to room deck and possible frame. The window/doors must be a white retrofit.”
Michael Barto reported that a new property owner had violated the HOA rules for utilizing the attic above his three bedroom. This space is belongs to the HOA and is consider “exclusive use common area (EUCA). He had rerouting the ventilation system and piercing outside wall for a new exhaust system. This was done without obtaining building permits requested permission from the HOA. Because of a noisy complaint and no contact from the owner, a building code violation was reported to the City of Huntington Beach. This will result in a City stop work order. Michael wanted make it clear to members that this action does not incurred any expense to the HOA. He further pointed out that any member of the HOA who observes a Building Code violation by a member or even that HOA, can report this to the City-even anonymously.
Board Treasurer Mary Williams informed the members that she had had a “Cease and Desist” sent from the HOA Legal Council Berding & Weil LLP to this owner. A member in attendance raised a “red flag” that she did not want to see the HOA get into another legal nightmare as they did with the Rosendahl’s where huge amount of legal cost are incurred and the funds were depleted from the HOA which would never be recovered.
Landscaping Committee
The Landscaping Committee Spokesperson/Chairman Terri Piper-Johnson informed members that the Committee continues to walk the property on a regular bases and notifying Bemus Landscape of their concerns. Repair of the irrigation system is high priority.
Parking Committee
There was no report from the Parking Committee Spokesperson/Chairman Ray Kroagel-who was not present.
Unfinished Business
Approval for Bemus Landscaping proposal was again tabled.
The HOA president Mike Mengel informed the members that new Parking Regulations, Architectural Guidelines and the Rules and Regulations were forthcoming and would be distributed to members for comments after March 13th.
New Business
Island Pacific roofing repair proposals were approved.
Antis roofing proposals were approved.
Humburg & Associates dry rot repair for 16551 Grunion was approved.
Humburg & Associates water leak repair for 4831 Lago was approved.
Humburg & Associates roof structure repair of Lago gate kiosk was tabled.
Bemus Landscaping irrigation system repair was approved. Installation of new battery operated values were tabled.
Diversified Waterscapes proposal to clean out plant material in the streams and ponds was approved.
Crandall Plumbing proposal to installation a new recirculating pump in one of the boiler systems was approved.
No liens were issued in the Executive Session.
The next Open Session meeting of the HOA is scheduled for March 27th at 6:30pm in the Cabana Clubhouse.■
posted 2 Feburary 2017
January HOA Meeting Highlights
LEGAL ON CONTINGENCY? Parking Ticket Policy?
The Executive Council?
On January 23rd the monthly HOA meeting was held in the Cabana Club House with all Board Members in attendance: Mike Mengel Michael Huma, Terri-Piper Johnson, Ted LaMantia and Mary Williams. Action Property Manager Peggy Shaw was also present along with sixteen HOA members.
Bemus Landscape Presentation
Bemus Landscaper provided a short discussion of priorities for sprinkler repairs. Many sprinklers at Harbour Vista do not work, were they proposed using a light acid weed killer (Avenger) instead of Roundup®. This acid does require a longer application time.
Open Forum
A member complained about a commercial truck parked on Blackbeard, and the question is who is enforcing parking regulation? The board stated that the members of parking committee, Brenda- Richardson, Terri Piper and Ray Koagel were responsible. Brenda had been sick, it was expressed that all three live on the Grunion side of Harbour Vista which is their responsibility for one third of the parking spaces. The parking committee should consider assigning another person from the Blackbeard-Cabana/Lago side for enforcement. The Parking Committee spokesperson was not present at this meeting.
Michael Barto presented a petition to the Board asking them to remove the restriction which he and others consider illegal that prevents him from serving on the board because his primary address is not in Harbour Vista. He requested an answer by the next board meeting.
Dark Lago Gate Entrance
A member asked about the broken gate and lights at the Lago entrance. Nothing has been done for more than a week. President Mike Mengel stated that he had authorized an emergency repair last Wednesday (January 18th). Repair may require breaking concrete to run new cabling if wiring cannot be pulled through the old conduit. (See note below).
The Rosendahls asked the Board if they had received their settlement request from their bankruptcy attorney. The board revealed that there is an Executive Council within the Board (consisting of Mike Mengel, Ted LaMantia and Mary Williams which will meet to discuss their proposal, and them submit it to the entire board for approval. (See note below).
Michael Barto asked, why as publicly announced by HOA legal counsel in court of $40,000 for court hearings and deposition for collection litigation with the Rosendah’s, has not appeared as legal expense in the last couple HOA financial statements. The Board stated that they had made an agreement with the HOA legal counsel to perform these additional legal actions on a contingency bases. The board assurred the members that none of these additional legal expense would be the responsibility of the HOA whether they win or lose.
Financial Report
The HOA reported that it is carrying an (operating accounts deficit) of approximately 8% of the HOA yearly assessments.
Committee Reports
The architectural spokesperson Michael Barto reported that the committee had approved two member’s windows/sliding doors installations. The committee also discussed future architectural guidelines updates as part of the yearly Davis-Sterling requirement. One concern was in-wall space heaters which had been installed in one unit without permits, inspection or HOA permission. Another issue is updating the doors and shades guidelines.
The board informed the members that the architectural guidelines approved at the June 6th architectural committee meeting last year are still with HOA general legal counsel along with the parking rules and regulations. After council review, they will be distributed to the members for 30 days for comments prior to formal approval.
Unfinished Business
A new modernized call box system for all three gates was approved. It will reduce the restrictions with using cell phones to receive calls and open the gate. This is a reserve expense item.
New Business
Approval for Bemus Landscaping planting was tabled.
The Board approved sending a visitor automobile damage claim to their insurance.
Approval was granted to Island Pacific for repairs of a garage and a condo roofs,
The Annual Maintenance Calendar was approved.
A role over for a six month CD was approved.
Purchase of a Costco membership was approved to obtain discounts for lawn furniture.
Approval of liens for delinquent accounts is being discussed after the open meeting in the executive session, therefore no information as to the number of liens is provided in the general session.
The next open session meeting of the HOA is scheduled for February 27th at 6:30pm in the Cabana Clubhouse.
The next Open Session meeting of the HOA is scheduled for February 27th at 6:30pm in the Cabana Clubhouse. ■
Editor Notes:
Funding for repairs of the Lago gate and lights were not on this January HOA meeting agenda.
The Board consists of five members. Three members are a majority and also a quorum.
The Board stated that Execute Council consist of three board members.
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pro-active as “eyes on the ground”. An example was a recent weed removal by Treasurer Mike Peduzzi in a Boiler enclosure. Even though Bemus is paid to take care of this, it would have been an additional expense for them to come out on a emergency bases to do this.
Complaints were discussed about the smell coming from deteriorating sludge as dried out. The stream which surrounded the 4861 Lago and part of the Cabana Buildings had been drying out for more than three week due to a broken pump system. The HOA informed the members that the vendor was waiting for delivery of the pump to repair the stream. The pump is an odd size which is not normally in stock. It was observed that there is a lot of mud in this stream as it settled.
Approval of the broken brick wall at Heil and Green on the Grunion side was approved.
During the pump failure a stream, a few members of the HOA tried to wash down the mud from the rocks and remove some to the slugs that had turned to dust. 
building was tabled. This will restore the owner deck to "as-built" original design. A couple of years ago, the HOA had experimented with a different balcony design to save money. But this design was less secure and aesthetically un pleasing.