Rolling Ridge Subdivision

Meeting Minutes for 28 June 2012, 6:30 PM  Annual Homeowners’ Meeting

1. I.                
    Call to
   Order – HOA President, JB Whitten, called the meeting to order at
   6:45.  He also announced that the Mail-In
   Vote to amend the By-Laws, Exhibit C, Article I, Paragraph 1.4 to read as
   follows: 
   
   “1.4 Quorum.  The presence at the
   meeting of Members entitled to cast, in person or by proxy, thirty percent
   (30%) of the total votes of all members at the time of the meeting shall
   constitute a quorum for any action except as otherwise provided in the
   Articles, the Declaration or these Bylaws. 
   If, however, such quorum shall not be present or represented at any
   meeting, the Members entitled to vote thereat shall have power to adjourn the
   meeting from time to time, without notice other than announcement at the
   meeting.  If such situation shall arise,
   the Board of Directors may schedule a new meeting with a new criteria of  twenty percent (20%) quorum for that year.”
   passed with 47 “Yes” votes, and 5 “No” votes received.
2. 
   Verification of
   Quorum – HOA President, JB Whitten verified that a quorum of at least 20% of
   Homeowners was present with 35 lots represented.
3. 
   Welcome to
   Attendees – HOA President welcomed all present, reminded all that this meeting
   is being held because the 1^st attempt of the Annual Meeting did not
   have enough lots represented to meet the quorum.

1. II.             
   Review of Agenda –Dispensed with as attendees
   have copies.

1. III.           
   Minutes of Previous Meeting
2. 
   Reading of
   Minutes – Dispensed with as only item of business covered at previous meeting
   was the appointment of Amanda Goeppinger to vacated Treasurer/Secretary
   position.

1. IV.            
   Officer and Committee Reports
2. 
    Treasurer’s Report – HOA Treasurer, Amanda Goeppinger
   1.                                                    
      i.     Current Balance –Checking Account Balance is
      $31,537.20/Savings Account Balance is $17,050.06.
   2.                                                   
      ii.     Outstanding Liabilities—JB Whitten—reimbursement for
      postage, printing fees, and voicemail service renewal, $227.92
   3.                                                 
      iii.     Accounts Receivable for liens and unpaid
      dues--$2,785.09

1. 
   ARC Report – ARC
   Chairman, Ian Gardner
   1.                                                    
      i.     ARC Chairman explained the process for compiling
      violations in the neighborhood, and sending out notification of violations to
      Homeowners.  It was asked what the
      ramifications were for those who choose not to correct violations.  HOA President explained that as the By-Laws
      currently read, there are very few enforceable ramifications.  He further explained that this is why the By-Law
      Revision Committee (BLRC) suggested instituting a series of fines for those who
      do not correct violations.
   2.                                                   
      ii.     It was asked what the requirements are for lawn
      maintenance.  ARC Chairman and HOA
      President explained that it is very subjective, and that currently no firm
      requirements are in the By-Laws.  BLRC
      has suggested the addition of more descriptive guidelines to the governing
      documents.  It was also pointed out that
      lawn maintenance is difficult to enforce as Homeowners have 30 days to correct
      the problem before a second notice is sent, in spring/summer months, lawns need
      to be mowed several times in a 30 day period.
   3.                                                 
      iii.     ARC Chairman also pointed out that additional members
      are needed to serve on the ARC.

1. V.              
   Open Forum
2. 
   Maintenance of
   Common Areas was brought up.  HOA
   President explained that the landscapers were changed when the HOA was handed
   over from DR Horton.  Bids were taken
   from 3 landscape companies.  The chosen
   landscaper did a great job until it was recently turned over to a new
   owner.  The current contract ends in
   July, and bids will be taken on a new landscape company.  ARC Chairman pointed out that if a Homeowner
   sees that common areas are not being maintained by the landscaper, they should please
   let the ARC/BOD know as the ARC/BOD may not be aware of the situation,
   especially since some of the common areas are hidden from the streets and the
   ARC does not trespass on Homeowners’ lots.
3. 
   It was brought up
   by a Homeowner that his neighbor’s fence was built with the finished side
   facing in, and with nails protruding through. 
   He had complained to DR Horton and was told that the fence was not
   authorized and then to his knowledge nothing was ever done to rectify the
   situation.  He noted his frustration that
   this was well over a year ago.  HOA
   Vice-President, Ginger Kraft , explained this was the first the current BOD
   knew of this situation as  DR Horton gave
   the incoming Board no turnover, she did assure the Homeowner that the BOD will
   look into this situation.
4. 
   Concern for parking
   on the grassy, common areas was brought up. 
   HOA President explained that this issue has been discussed at monthly
   meetings and that said parking not only damages the common areas by killing the
   grass, it also prevents the landscapers from being able to maintain the areas
   when they come through.  He said that
   currently the BOD/ARC is placing notices on cars seen parked on grassy areas
   explaining this situation and he noted that it seems to be helping, though not
   eliminating the problem.
5. 
   It was suggested
   that the entrance sign be better illuminated. 
   HOA President explained that it was possible, but that it could be quite
   costly, further stating that the incoming BOD will be made aware of the
   suggestion.
   1. VI.            
      Old Business
   2. 
      Neighborhood Park
      –  HOA
      President explained that at the 2011 Annual meeting, this seemed to be a
      predominant topic.  As such, it was
      looked into by the current BOD.  The BOD
      was informed that Bur Oak was the only suitable location for a neighborhood
      park.  Bids were taken and it was
      estimated that a small playground for children age 7 and under would cost
      approximately $26,000.  The current BOD
      was not comfortable spending that amount of money without a vote from the
      Homeowners.  Concern was voiced that the
      spot would be too low-lying.  HOA
      President responded that the cost included fill dirt being brought in to raise
      the area to a suitable height.  Concern
      was also voiced that insurance would be necessary.  HOA Vice-President explained that the HOA
      does currently have insurance, but that the policy certainly would have to be
      amended once any improvements are made to the subdivision, which will probably
      add to the policy price.
   3. 
      The “Sign” – HOA
      President noted that the neighbors of the lot with the billboard were not
      present.  He stated that he has been
      trying to rectify this situation for the past year.  As it is residentially zoned, a billboard
      should not be allowed on the lot, and the lot is not properly maintained
      leaving an eyesore for the neighborhood and bigger problems for the neighboring
      lots as the soil washes out from “sign lot” onto their lots.  He stated that he has contacted several City
      Councilmen with no response, and the owner of the lot with no positive
      outcome.  Mr. Whitten was scheduled to
      appear before the City Council, but was cancelled and directed to the City
      Attorney who directed him to City Growth Management, which was were his
      struggle originated a year ago.  He
      stated his frustration, but also his determination to continue “fighting this
      battle”.

1. VII.         
    New Business
2. 
    Vote on Covenant  Changes – Suggested changes were read by HOA
   Secretary, Amanda Goeppinger, and were discussed by those present.
   1.                                                    
      i.     4.7 of Declaration of Covenants, Conditions, Easements
      and Restrictions…We recommend amending this section by changing it to read as
      follows:  4.7   Owner Failure to Maintain Lot.  If any Owner shall fail to maintain his or
      her Lot or any improvements located thereon in the condition required by this
      Declaration and the other Governing Documents and such condition shall continue
      for a period of thirty (30) days or longer following the Owner’s receipt of
      written notice thereofat the address for Owner on record with the Association
      (or after such shorter period of notice as may be practical and reasonable in
      the event of an emergency condition), then without limitation on any other
      right or remedy available to the Association for such failure, the Association
      shall
   2. a.     
      charge Individual Lot Assessments against the Lot as
      follows:  upon receipt of the initial
      notice of violation, the Lot Owner shall have thirty (30) days to correct the
      violation.  If the violation is not
      corrected in the first thirty (30) days, an Individual Lot Assessment of $50
      will be charged against the violating Lot. 
      If said violation is not corrected within sixty (60) days of the Lot
      Owner’s receipt of the initial notice, the Individual Lot Assessment will
      increase to $100.  If said violation is
      not corrected within ninety (90) days of the Lot Owner’s receipt of the initial
      notice, the matter will be turned over to the HOA attorney for collection and
      enforcement, and the offending Lot Owner shall be responsible for all
      attorneys’ fees incurred in  collection
      and enforcement, regardless of whether suit is actually filed, and/or
   3. b.     
      in the case of a vacant Lot or structure, the
      Association, through its agents, employees and/or contractors, may enter upon
      said Lot and repair, maintain and restore the Lot and/or the structural or
      exterior portions of any building or any other improvement located thereon; and
      the cost of such repair, maintenance or restoration, together with a reasonable
      administrative charge in an amount established by the Board, shall be charged
      against the Lot as an Individual Lot Assessment.
      1. 1.      It was discussed how to define “upon receipt” to start
         the initial 30 day corrections period.  It was noted that sending violations via
         certified mail would be costly.  It was
         suggested that violations be hand delivered, but noted that this would subject
         volunteer HOA/ARC members to the possible wrath of those receiving letters, it
         was also noted that Homeowners are responsible for maintenance, and that many
         homes are rented.
      2.                                                   
         ii.     7.2 of Declaration of Covenants, Conditions, Easements
         and Restrictions…We recommend amending this section by changing it to read as
         follows:  7.2  Lot Maintenance.  Each Owner shall, at the Owner’s cost and
         expense, diligently and properly keep, maintain and repair at all times his or
         her Lot, including, without limitation, all structures, improvements, yards,
         drives and landscaping located thereon, in a safe, clean and well-managed
         condition and in compliance with all applicable requirements of the Governing
         Documents; and each Owner is responsible for any damages or liability which may
         result from his or her failure to promptly perform such maintenance and repair.
          For a more definitive explanation of
         yard maintenance, refer to “Exhibit D ARC Guidelines”.
      3.                                                 
         iii.     7.4 of Declaration of Covenants, Conditions, Easements
         and Restrictions…We recommend amending this section by changing it to read as
         follows:  7.4  Vehicles. 
         Boats, campers, trailers, inoperable vehicles, motor homes and the like,
         stored or for any reason left upon any Lot or owned or regularly used by the
         residents thereof must either be completely garaged or stored in such a
         location so that same is reasonably concealed from both the Front Lot line and
         any adjoining Lots, except for short-term parking not exceeding a twenty-four
         (24) hour duration during any week.  The
         parking or storage of any such items in any other manner (such as in the
         street, road right-of-way or on any grassy areas) is expressly prohibited.
         1. 1.      It was explained that this section currently reads
            that automobiles cannot be parked in the driveway for more that 24 hours in a
            week.
         2.                                                  
            iv.     7.13 of Declaration of Covenants, Conditions,
            Easements and Restrictions… We recommend amending this section by changing it
            to read as follows:  7.13  Signs. 
            No advertising sign of any kind shall be displayed to the public view on
            any Lot or building site in the Subdivision except for one sign of not more
            than five square feet, advertising the property for sale or rent.
            1. 1.      It was explained that currently no signage is allowed
               on vehicles, including company cars.
            2.                                                   
               v.     7.20 of Declaration of Covenants, Conditions,
               Easements and Restrictions… We recommend amending this section by adding it to
               read as follows:  7.20  Holiday Decorations.  Any decorations/lighting used or displayed on
               a Lot during the Christmas/December holidays must be removed by January 15 if
               visible from the Front Lot line.
               1. 1.      It was explained that currently there is nothing in
                  the governing documents regarding the timely removal of holiday décor, and that
                  complaints were received as some houses still had Christmas lights up as late
                  as April-May.
            3.                                                  
               vi.     6 of Exhibit D ARC Guidelines… We recommend amending
               this section by changing it to read as follows: 6.  Fences.  The ARC shall have complete control covering
               the erection of fences, including, without limitation, control over the style,
               building materials, height and location of fences, and may refuse to authorize
               any fence whatsoever in its absolute discretion, which is not subject to
               review.  Those fences allowed shall be a
               maximum of six (6) feet high, wood or faux wood (i.e. vinyl), either unstained
               or stained in a natural/wood color.  
               Fences must be a privacy or shadow-box style made with the finished side
               facing away from the lot.  No fence shall
               extend beyond the front of any home.  If
               the Back Lot line abuts the wetlands or wooded area, and does not abut a
               neighboring lot, the fencing along the Back Lot line may be less than six (6)
               feet high, and may be metal/aluminum material so as not to impede the
               visibility of the natural features beyond the lot.  Notwithstanding anything to the contrary,
               chain link fences will not be allowed in the Subdivision.
               1. 1.      It was explained that the ARC had difficulties with
                  several homeowners in that there were no clear guidelines on what type of
                  fences were allowed.  It was also noted
                  that even under DR Horton’s “watch”, several fences were approved/allowed that
                  had the unfinished sides facing away from the lot, creating an eyesore for our
                  subdivision.  It was pointed out that
                  fences which were previously approved/allowed would have to be “grandfathered
                  in”.
            4.                                                
               vii.     9 of Exhibit D ARC Guidelines… We recommend amending
               this section by changing it to read as follows: 
               9.  Sodding and Landscaping.
               With respect to each Lot or building site, it is required that the Front yard
               and side yards be sodded and that the sodding be properly and perpetually
               maintained.
               1. 1.      It was noted that this section currently reads that
                  any lot with a dwelling on it must maintain sodding and landscaping, allowing
                  any lot without a house built on it, to allow the sod to die and washout onto
                  neighboring lots.
            5.                                              
               viii.    
               13 of Exhibit
               D ARC Guidelines… We recommend amending this section by changing it to read as
               follows:  13 Lot Maintenance.  Lot maintenance includes, but is not limited
               to, reasonable mowing, watering, weeding of yard and flower beds, and edging
               around landscape features, driveways, and street curbs.
               1. 1.      It was explained that at several of the monthly
                  meetings and via phone/email, several homeowners who had received a letter of
                  violation concerning lot maintenance had suggested that it be made more clear
                  what was expected of them in the way of lot maintenance.
            6.                                                  
               ix.     14 of Exhibit D ARC Guidelines… We recommend amending
               this section by adding it to read as follows: 
               14  Sheds.  Shed permits must be submitted to and
               approved by the ARC prior to any construction commencement and shall conform to
               the following guidelines:  Sheds must comply with city and county building
               and zoning codes, be constructed in a manner with which to blend the shed with
               the existing property, and should be placed so as to limit the view of the
               structure from the Front Lot line as much as is practical within ARC guidelines.
                The shed must be reasonably concealed from the Front Lot line by an ARC
               approved fence or with landscaping/hedges to help conceal the shed as much as
               is practical. The maximum height for sheds allowed is eight (8) feet. 
               1. 1.      It was explained that currently there are no
                  guidelines regarding sheds in our governing documents and that the ARC had
                  difficulties deciding what was allowable. 
                  It was further noted that the 8 foot height was to the top of the walls
                  where the roof of the shed begins.
               2. 
                  Proposal to split
                  HOA Secretary & Treasurer into 2 positions—It was explained by the HOA
                  President that our governing documents allow the position of
                  Secretary/Treasurer to divided into two positions at the will of the
                  Homeowners.  It was noted that it was
                  found to be a very time consuming position to be held by one individual.
               3. 
                  Vote on Project –
                  HOA President explained that the ballot has a spot to vote for “neighborhood
                  park” or “other project as decided by incoming BOD”.  It was explained that the “neighborhood park”
                  referred to the park previously discussed, which would be located on Bur
                  Oak.  HOA President explained that the
                  “other project as decided by incoming BOD” would be a vote to have the incoming
                  BOD research and decide on a project that the Homeowners want other than the
                  Bur Oak park.  HOA Vice President
                  explained a project the current BOD began researching involving the purchase of
                  the 6 acres next to our Subdivision.  The
                  asking price of the land was $15,000, when she called the seller.  It was cautioned that the land is currently
                  zoned as commercial with annual taxes of $3,000.  It was also mentioned that the 6 acres is
                  being sold with an additional 2 acres not connected and that if we purchase
                  only the six acres, the price and taxes may be slightly less.  The 6 acres was said to be about 33% wetlands
                  leaving approximately 4 acres to be able to be improved upon throughout the
                  years as the HOA sees fit.  It was noted
                  that by purchasing the land, our HOA prevents any others from purchasing said
                  land and putting whatever they would like on it, which may have a negative
                  effect on our property values, especially those lots that back up to said land.  It was further explained that the
                  improvements to the land, if purchased, would have to come in phases, as money allows,
                  but that there would be room for many options. 
                  Perhaps to include basketball courts, playground, picnic areas, walking
                  trails, etc.  Concern was voiced on how
                  access would be gained by those homeowners whose lots do not back up to the
                  land.  HOA Vice President responded that
                  access could be made through the current common areas by any of our homeowners.
               4. 
                   Election – BOD President explained that no
                  nominations, for any of the offices, were received by the BOD.  He explained that the current BOD did not use
                  a property manager, saving the HOA approximately $17,000 this Board year.  He explained that when the current BOD took
                  over from DR Horton, they looked into procuring a Property Manager other than
                  Panhandle Property Management, and found it hard to find any.  He was told that most HOAs the size of
                  Rolling Ridge HOA would usually do the work themselves.  The current BOD decided to give it a
                  try.  He further stated that the current
                  BOD found the job to be much more time consuming than they thought it would
                  be.  They felt that if they had more help
                  from other homeowners, it would not have been so time consuming.  He further stated that if no one new stepped
                  up to serve on the BOD, requiring the current officers to maintain their
                  positions, they would look into procuring a property manager again.
                  1.                                                    
                     i.     BOD President asked for nominations.  Andrew Dwyer was nominated but was not
                     present to accept nomination.  Amanda
                     Goeppinger said that she was willing to continue serving on the BOD.  No other nominations were made.  It was stated that on the ballot write-ins
                     could be made, but that the individual would have to accept the nomination.
                  2.                                                   
                     ii.     Several individuals volunteered to help out in the
                     coming year as needed.  Chris Anger
                     volunteered to serve on the ARC.
                     1. VIII.       
                        Adjournment
               5. 
                  Meeting was
                  adjourned at approximately 8:20 p.m.
               6. Scheduling of  next BOD Meeting– Tentatively set for Wed.,
                  July 11 at 7:30 p.m. at the American Red Cross bldg..
                  1. IX.            
                     TABULATION OF VOTES
               7. Change to Rolling Ridge Covenants 4.7 passes with 34
                  “yes” votes and 1 “no” vote
               8. Change to Rolling Ridge Covenants 7.2 passes with 35
                  “yes” votes and no “no” votes
               9. Change to Rolling Ridge Covenants 7.4 passes with 31
                  “yes” votes, 2 “no” votes, and 2 abstaining
                  1.                                                    
                     i.     One “no” vote had a written recommendation of 48 hours
                     instead of 24.
               10. Change to Rolling Ridge Covenants 7.13 passes with 35
                   “yes” votes and no “no” votes
               11. Change to Rolling Ridge Covenants 7.20 passes with 32
                   “yes” votes and 3 “no” votes
               12. Change to Exhibit D, ARC Guidelines 6 passes with 33
                   “yes” votes, 1 “no” vote, and 1 abstaining
               13. Change to Exhibit D, ARC Guidelines 9 passes with 33
                   “yes” votes and 2 “no” votes
               14. Change to Exhibit D, ARC Guidelines 13 passes with 35
                   “yes” votes and no “no” votes
               15. Change to Exhibit D, ARC Guidelines 14 passes with 35
                   “yes” votes and no “no” votes
               16. Proposal to split HOA Secretary & Treasurer into 2
                   positions passes with 34 “yes” votes and 1 “no” vote
               17. Proposal to designate reserved funds for either
                   community park or other project as decided by incoming BOD.
                   1.                                                    
                      i.     Community park received no “yes” votes
                   2.                                                   
                      ii.     Other project as decided by incoming BOD  received 33 “yes” votes and 2 “no” votes
                      1. One “no” vote specified voting “no” for BOD control,
                         “yes” if it passed a Homeowners quorum.
                      2. Several “yes” votes had write-in suggestions on
                         projects as follows
                         1. 5 wrote in to purchase the land
                         2. one wrote in “no park, waste of money”
                         3. one wrote in “more attractive entry sign
                         4. one wrote in “swimming pool, speed bumps, purchase
                            land”
               18. HOA Officers
                   1.                                                    
                      i.     One voter wrote in “Amanda as Secretary and/or
                      Treasurer”
                   2.                                                   
                      ii.     One voter wrote in “Ginger-Pres., Ray-Vice,
                      Amanda-Treasurer”

Respectfully submitted,

Amanda Goeppinger, Secretary