Minutes - September 9, 2008

Royal Creek Home Owner’s Association Board Meeting for September 9, 2008.

Meeting called to order at 7:33 p.m.

Members present:

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

Owners present:

a. Luwanda Manning

1. Approval of minutes:
a. August 12, 2008 minutes. James moved to approve and Crystal seconded approval of the minutes as revised by Steve. The motion passed unanimously.

2. Hearings:
a. 1228 Throne Dr – (Hammel). Basketball Hoop. Mr. and Ms. Hammel failed to attend. James shared we spent a lot of time reviewing the law and the comments from previous attendees and we fashioned a new resolution to address the Hammel’s previous request regarding basketball hoops. James moved & Gloria seconded that the board find the Hammels failed to comply with the CC&Rs and board resolution re the location of the basketball hoop and that he be fined $15 per day and further that should the Hammels fail to comply with the CC&Rs and Board resolution re basketball hoops in the future, he will be fined for each subsequent violation. The motion passed unanimously.

b. 4867 Stage Coach (Howpun) Swimming Pool. Howpun failed to appear for the hearing. Gloria reported the swimming pool is still present. Crystal moved & James seconded that the board find Mr. Howpun failed to comply with the CC&Rs re the swimming pool and that should Mr. Howpun fail to comply with the CC&R re submitting ARC & receiving an approval re swimming pool in the future, he will be fined for each subsequent violation. The motion passed unanimously.

3. Updates & Appeals:

a. 1078 Throne – Mestrich (Lawn). Jim shared he believes the homeowner has brought his yard into compliance with the CC&Rs. Crystal and Steve shared they spoke with Charlie re areas that need work. Crystal shared Charlie did some work to try and bring the lawn in compliance. The yard is substantially in compliance. The board agreed the fines will end as of September 7, 2008 and they will let the Mestrich’s know they can petition to reduce the fines but that any subsequent violation will result in additional fines of $15.00 per day. Crystal shared we should include in the letter the total amount of fines presently outstanding. James moved and Gloria seconded the motion and the motion passed unanimously.

b. 1252 Throne – DeGuzman (Lawn). Someone is mowing the lawn and James killed the weeds. Jim raised the issue of ceasing the fines because they are having no affect thinking that the homeowner could seek publicity that the HOA fined an excessive amount of fines for lawn issues. Steve suggested we continue with the fines and move to lien status with monthly statements as to the current balance. Steve volunteered to call the owner if we can obtain a phone number. Steve also suggested we consider sending to collections and pursing a law suit if necessary. Jim will contact Vial Fotheringham to get an estimate of costs. The fines shall continue to accrue at this point.

c. 4867 Stage Coach (Howpun) Lawn. Jim reported the residents pulled weeds and they are now watering. Jim says the yard is now basically in compliance and has been corrected as of 9-1-08. The board agreed the fines will end as of 9-1-08 but each subsequent violation will result in additional fines as appropriate. James moved and Crystal seconded the motion to end fines but initiate additional fines for subsequent violations.

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

5. Financial Report:

a. July Financials: Crystal reported Wes only really answered one of Crystal’s questions re banking options. Apparently, the contract gives banking discretions to NW. Steve noted we can renegotiate this contract provision at renewal. Crystal emailed her budget for 2009. She adjusted the budget by around 4% for inflation. Jim thinks we may be able to reduce the professional printing costs. Jim also mentioned he thinks we need invoices to determine actual NW costs so we can determine whether we can cut back on NW’s professional fees. Finally, Jim thinks our budget for Community Development may be able to be decreased by 50%. Jim also suggested we add a column for bad debt. Steve suggested we increase the reserve for legal fees as employing lawyers can be very expensive. Jim suggested he and Crystal look at the budget further and report back to the board. Crystal suggested we remove funds not needed by NW and place into CDs and issue checks to NW for amounts they require for monthly operations. Steve volunteered to review the contract to see if there are options to removing the funds. Gloria moved to accept the Treasurer’s Report and James seconded the motion. The motion passed unanimously.

b. Collection Reports. Two accounts in collections.

c. Bank Fees. Previously discussed.

6. Committee Reports:

a. ARC Report: Steve reported 3 for June and 2 for July report re ARCs this month.

b. Safety Committee Report: Gloria reported there the City has no clue about the thieves caught by Lonnie. The police said they will get back to us. Gloria is trying to get a cross walk for the Danabo School. She is meeting with resistance. Gloria spoke to a member of the PTA, and the member advised she hoped Gloria can get something done. James suggested she speak to the school district.

c. Investment Property Report: James shared he saw an email from Wes from a homeowner indicating the rental caps expired after two years. reported he has a list re rental properties. Steve’s email response to Wes was appropriate re the Homeowner should show us the law that supports his position.

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

e. Newsletter Committee: Jim reported the news letter should be out late September or Early October.

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. Steve spoke with Rick Wertz and he is submitting an ARC on behalf of the neighbors.

b. Financial Hardship Policy. Jim and Crystal will work on a resolution for the board to review for the next meeting.

9. New Business:

a. Other Communications to association members. Positive news, positive words to our neighbors. James shared something like yard of the month or some other positive events with nominal awards. Gloria shared perhaps the neighborhood watch captains could be involved. Gloria will talk to the block captains to see if they would be willing to manage the lawn of the month contest. James volunteered the investment committee in the event block captains were not interested. Crystal moved we authorize $25 for phase one and $25 for phase two each month. James seconded the motion and he discussed limiting the contest to blocks within each phase that rotates each month.

b. Request from David Linn (Defend Oregon) re wanting to know if he will have any meetings where he can speak about upcoming legislation.

c. Jim shared Vial Fotheringham HOA education opportunity on 10-11-08 for Board and Management Companies.

10. Public Comments:

a. No comments.

11. The next Board Meeting will be October 14, 2008 at 7:30 p.m. at Jim’s home.

12. Adjournment: Gloria moved to accept and James seconded the motion. The motion passed. The motion passed unanimously. The meeting Adjourned at 9:17 p.m.