Board Minutes - August 12, 2008

Royal Creek Home Owner’s Association Board Meeting for August 12, 2008.

Meeting called to order at 7:35 p.m.


Members present:

1. Steve McIntire
2. Jim Jenkins
3. James Manning
4. Gloria Foreman
5. Crystal Buel-McIntire

Owners present:

1. Kim & Erin Mellnychuk

1. Approval of minutes:
a. July 18, 2008 minutes. Gloria moved to approve and Crystal seconded approval of the minutes. The motion passed unanimously.

2. Hearings:
a. 4996 Chancellor Ln – (Gee). Basketball Hoop. Mr. Gee was unable to attend and he submitted at letter in response. Mr. Gee has moved the basketball hoop. It was recommended the letter be discussed under the public comment section of the minutes section. Steve raised the issue whether the board should make a finding that Mr. Gee was in violation of the CC&Rs. Crystal moved & Gloria seconded that the board find Mr. Gee failed to comply with the CC&Rs re the location of the basketball hoop and that should Mr. Gee fail to comply with the CC&R re basketball hoop in the future, he will be fined for each subsequent violation. The motion passed unanimously.

b. 1122 Peascod Dr (Hernandez) Trailer. Mr. Hernandez spoke with Jim re options. Jim suggested he screen the trailer or move same. Jim notes the trailer has been removed. Steve raised the issue re we had this issue with Mr. Hernandez last year. Gloria raised the issue re other junk in the yard. Steve moved & Gloria seconded that the board find Mr. Hernandez failed to comply with the CC&Rs re the location of the basketball hoop and that should Mr. Hernandez fail to comply with the CC&R re basketball hoop in the future, he will be fined for each subsequent violation. The motion passed unanimously.

c. 1098 Leopold – Thi Phan Lawn. NW did not send the notice timely for this meeting. No hearing.

d. 1228 Throne Dr. – Hammel (Basketball Hoop). NW did not send timely notice to Hammel. No hearing.

3. Updates & Appeals:

a. 1078 Throne – Mestrich (Lawn). The homeowners have not remediated the weeds yet. Steve suggested the owners be sent a letter re when the yard is in compliance, e.g., weeds removed, the board will revisit the request. The yard has not been rolled or seeded. Gloria seconded the motion and the motion passed unanimously.

b. 1252 Throne – DeGuzman (Lawn). Someone is mowing the lawn but the weeds are not resolved. James moved & Gloria seconded we enter the property and pull weeds and/or mow the lawn as appropriate and we charge owner a $100 fine for each occurrence. The fine of $15.00 per day is continuing to accrue until the weeds are removed. The motion passed unanimously.

c. 4867 Stagecoach – Howpun (Pool). A pool was placed without ARC and loud parties. The owners had until the 11th of August to get the pool removed or submit and ARC. No ARC has been submitted and the pool has not been removed. Jim will send Wes an email directing NW to send a hearing letter for September unless he knows the pool has been removed.

d. 4867 Stagecoach – Howpun (Lawn). We had a hearing last year and found the owners be in violation. Jim contacted Wes of NW and asked that fines begin as of August 6, 2008.

e. 4878 Avalon – Schantol (complaint emails re helping neighbor out by mowing lawn rather than sending letters). Jim advised he was free to help his neighbor out if he wanted. Mr. Schantol then received a letter re his lawn. Mr. Schantol indicated the issue is because of DR Horton’s installation issues. Jim indicated the homeowner is still responsible for addressing the issue. Crystal raised the issue requesting DR Horton address the issue. Steve suggested we send a letter from the Association requesting DR address the sprinkler issues. Crystal moved we send the letter on behalf of the association & James seconded the motion. The motion passed. Jim Dissented. James will draft the letter.

f. Collection notice. We had two notices. One house moved in to foreclosure status and one house is now in lien status.

4. Northwest Community site report. There were a number of letters re lawns. James moved to accept the site review and Gloria seconded the motion. The motion passed unanimously.

5. Financial Report: Crystal reported she will begin working on the budget for 2008. Crystal is going to try and meet with Wes to discuss the financials. Crystal raised an issue re water and electric bill of $401.92 for one month, which is way over the $70 per month average. She will meet with Wes to discuss these issues. Also, there are finds owing to some owners. These owners have prepaid. Crystal will look into addressing the prepayments. She will also clarify for NW that the Mestrich fine is actually $15 per day. Crystal suggested we consider putting some money into a interest bearing account beyond what is needed for monthly expenses for each quarter. Crystal also raised the issue of avoiding monthly fees. There are many institutions that would like to have the deposits. James moved & Gloria seconded the ability of the Treasurer to research other banking options. The motion passed unanimously. James moved to accept the Treasurer’s Report and Gloria seconded the motion. The motion passed unanimously.

6. Committee Reports:

a. ARC Report: Steve reported no report re ARCs this month.

b. Safety Committee Report: Gloria reported there have been a number of cars broken in to. Gloria reported one of our neighbors saw the car and tracked down where these criminals live. Officer Dusky turned the information over to the police.

c. Investment Property Report: James reported he has a list re rental properties. We have more work to do in this area. Gloria asked what we are doing about rentals where the tenancy terminates and new tenants move in. James indicated we are working on this issue.

d. CC&R Committee: No report this month.

e. Newsletter Committee: Jim reported he is looking for ways to further improve the letter. Jim is still looking into website options. Steve to Albertson’s is willing to give the Association the “Association” discount as they are homeowners.

7. James moved to accept and Crystal seconded the motion to accept all the committee reports. The motion passed unanimously.


8. Old Business:

a. Cedar Trees in Tract A. Jim reports there is no update to report. Jim will contact the homeowners and advise them to submit and ARC and get them approved. Steve raised the issue about liability associated with the trees and maintenance. Crystal raised the possibility of assessing an additional amount for maintaining the trees as she understands the Association is responsible for maintaining the trees. Steve raised the issue of making approval of any ARC subject to the owners maintaining the trees.

b. Financial Hardship Policy. Jim shared a draft hardship policy. Crystal will work on the policy a little more. Steve suggested keeping any payment periods short and if waiving fees to require performance for some time before any refunds. Jim will report to the Mestrichs’ that Board is working on developing a policy to address hardships and will respond to them when the policy is complete; however, they must bring their yard in to compliance before they will be given any consideration.

9. New Business:

a. James raised the issue of having a community yard sale. We will look into it.

10. Public Comments:

a. Letter from Mr. Gee. Mr. Gee was very disappointed he received the letter regarding his basketball hoop and he made a number of demands re turnover of documents and compliance requests. Jim will respond advising the notice requirements comply with the open meeting laws, the meetings are held every second Tuesday of each month, and the owner can see the blog. Jim will advise he can pay the costs associated with the mail outs if he would so choose, e.g., $3,600 per year. Jim will also send a copy of the enforcement list in a sanitized fashion. Steve mentioned we should review what documents homeowners are entitled to receive.
b. No comments.

11. The next Board Meeting will be September 9, 2008 at 7:30 p.m. at Jim’s home.

12. Adjournment: James moved to accept and Crystal seconded the motion. The motion passed. The motion passed unanimously. The meeting Adjourned at 9:28 p.m.