Northclift Townhomes

NorthClift Townhomes HOA Meeting Minutes - July 2009

NorthClift Townhomes HOA Meeting Minutes - July 2009

NORTHCLIFT TOWNHOUSE ASSOCIATION
BOARD OF DIRECTORS
MINUTES OF JULY 14th, 2009

DRAFT

The Board of Directors of Northclift Townhouse Association met at 7:00 P. M. Tuesday July 14th, 2009 at the home of Tony Pirrera (5971). The following members were present: Tim Miller, Pres (5973), Tony Pirrera, Vice Pres. (5971), J. D. Brickhouse (5965) Sec. , Lee Nino ((5977), Joy Yanoff (5941), Pam Holt (6024) and Joe Stewart Property Manager. The following guest were present: Elide Pirrera (5971), Hoyt Bangs and Randal Brown (6226), Paul King (5965), Marcia Harris (5975).
President Miller opened the hearing concerning the planting and architectural features at unit 6226, the residence of Mr. Bangs and Mr. Brown. Mr. Bangs stated that the Homeowners Association destroyed their landscaping in March of 2009 when it remove tree that he felt it was unnecessary to remove, had the stumps ground up and left the green sawdust scattered throughout their garden. He said he was not aware that he needed approval to replace what was destroyed since he had previously had a landscape plan approved. He stated the Association did not have a permit to take the trees down and one of the trees was a dogwood which is protected by State law. He further stated that all the plants were there from the first time he lived in the unit. Mr. Randall stated that they had requested to see records of the association and especially the approved landscaping plans of other units. They felt they had been denied access to those plans. It was explained to them that the Board was unable to find any approved written plans or records of them that were older than the last 24 months. Some members felt there had been some verbal approval of some owner-done landscaping. The Vice-President stated that he had contacted several past officers of the board in regard to any prior landscape plan submitted by Mr. Bangs, and that none of them had any memory of any such plan.
Mr. Bangs pointed out that there were six units in Phase One with vegetables in their front gardens.
Lee Nino, Board Member pointed out that the tall stakes at unit 6226 are an architectural feature and they were not approved and therefore a problem regardless of any other planting issue at the unit.
Mr. Randall read a prepared statement which is attached to this set of minutes.
Mr. Randall and Mr. Bangs put the association on notice that under NCGS 47C-3-107.1 and NCGS47F-3-107.1 that they will submit a bill for loss of maintenance by the association and will pursue legal recourse.
Hearing was closed at 7:36 P.M.
The president called for introduction of guest and members at that time, and called the regular scheduled meeting to order.
Upon Motion by Lee Nino, seconded by Pam Holt the minutes of June 9th, 2009 were approved.
Lee Nino questioned whether the Special Called Meeting was properly scheduled with notice to all members. He also question (based upon the minutes of the called meeting) if the hearing for unit 6226 was appropriate. Pam Holt had questions concerning the fines being imposed. It was stated by the president that after consultation with the Association Lawyer all prior fines have been rescinded, with the exception of fees or charges for clean up or damages to property.
Upon motion by Tony Pirrera, seconded by Joy Yanoff and carried the minutes of the special meeting on July 1, 2009 were approved, with a vote of four to one.
Upon motion by Pam Holt, seconded by Tony Pirrera and carried the financial report was approved.
Joe Stewart, Prop Mgr. gave his monthly report as follows:
1- Concrete work is finished per bid
2- Phase One parking lot drain has been jetted (drain was about three feet underground).
3- Fence at 6044 repaired
4- Some downspout work at units were completed
5- Walk through
6- Pot Holes
Under old business Tim Miller reported that he, Tony and Joe had met with the Associations attorney concerning the rules and regulations, Article of Incorporation, fees, fines, penalties, landscaping issues, etc. Lee asked about the authority of the landscape committee. Pam asked when the pot holes in Phase Two would be repaired because she is still getting complaints. Joe stated that he would investigate the pothole repair issue. J. D. requested that in future, when there is a need for legal information that the attorney attend a board meeting and present to the entire board or provide a written opinion, so the entire board receives the legal information directly from the attorney.
Tim and Tony reported that there are still five units that have not had their plumbing inspections done. Tim asked what we are going to do with these five individuals. Pam and Lee felt that since the inspections had reduced the overall water consumption that we had accomplished our goal, and instead of taking legal action that we should ignore the holdouts in order to save the legal cost. Tony and J.D. felt we should proceed with fining them. Pam said she would update the water consumption reports and report at the next meeting. The board decided that this issue would be reconsidered at the August meeting.
Tim stated that the attorney felt that the Policy Handbook should be revised and the name changed to Rules and Regulations. Tony presented a revision that he had prepared since meeting with the attorney. Tony gave highlights of the changes he was proposing to the rules and regulations. The discussion at this point became very heated with accusations and insults flying hot and heavy. The discussion was primary centered on the procedures for Landscaping and planting approval that would go to Wilson Properties first, then to the Board, and that the board would need to approve every planted perennial and annual, including the requirement of a new plan submission for each seasonal replacement of plants within a previously approved garden.
The Board agreed that members should prepare written scenarios on the plan approval process and submit by email between now and the August meeting and take up this issue again at that time.
The Board returned to the discussion on the special meeting motion on late fees. Upon motion by Pam Holt, seconded by Nino and carried, the motion on late fees was modified to read a $10.000 late charger would be added per month effective as of Sep. 1, 2009.
Tim Miller reminded the Board that he had sent by email the walk-through notations on each unit, and letters would be going out to tell people that they would have to submit architectural forms for compliance with the rules.
President Miller called for a ruling on the hearing held earlier in the meeting. After a lengthy discussion, Lee Nino moved that a letter be sent to the residents of unit 6226 requiring the submission of an architectural review plan of their front yard, to be received by the board within five days of receipt of their letter to that effect from Wilson Properties. If the plan is not received within five days then a $50.00 per day fine will be levied. The Board will review any plan submitted. At that time the Board will make a decision and the owners of unit 6226 will be notified of any item (s) not approved. They will have five days to remove such items or be subjected to a $50.00 fine per day. Motion seconded by Joy Yanoff and carried.
J. D. questioned whether the towing company was making rounds as agreed, and noted a few parking issues seemed to be reoccurring. Joe was asked to call the company to be sure they are following through as they should.
Tony stated that he had asked a company for an estimate to repair the pool house. Repairs for the downstairs would cost approximately $5,165.00. To enclose the upstairs, with new wiring, insulation, drywalls, windows would cost approximately $10,400.00 and an additional $2,500.00 for a motel style heating and cooling unit. No action was taken.

The meeting adjourned at 10:30 P.M. to meet again on Aug. 11, 2009 at the John Lanier residence (5969).

Respectfully submitted,

Tim Miller Pres.

J. D. Brickhouse, Sec.