President Cal Rogers called the meeting to order at approximately 7:10 PM at Marrion Elementary School library.
In attendance: Homeowners representing 28 of the 156 lots in the association. By presence or proxy, 48 lots were represented, 30 shy of the 50% (78) required to constitute a legal quorum. Among those present were Board members Cal Rogers and Jim Hanlon. ARB Chairman Rob Kloft and Landscape Committee Chairman Ron Paradis were also present. Nancy Chilcote and Derek Salley were present from The Management Group (TMG).
Ms. Chilcote submitted that appropriate notice of the annual meeting had been given in accordance with the By-laws, such notice having been mailed out on February 11.
The minutes from the September 2, 1999 turnover meeting were read. Two corrections were noted:
1. In the paragraph regarding landscaping variations, the last sentence was changed to read “Mr. Roe said the current committee has been encouraging sod, but not necessarily requiring it in the front yard. However, grass was intended in the front yards.”
2. An additional item was added. At the meeting it was stated that, “Schuler may have approved landscaping plans as part of a sale that didn’t entirely comply with the design guidelines.”
The minutes were approved as amended.
The 2000 Operating Budget Proposal was submitted for approval. The 1999 operating results were included in the proposal, which called for continued assessments of $15 per month per lot for the next year, to support an operating budget of $28,080 for the year. One homeowner asked if it was normal to have management fees constitute over 35% of the annual budget. Ms. Chilcote replied that it was normal for a homeowners association of individual homes like ours. Mr. Rogers called for a vote to approve the 2000 Operating Budget Proposal, and it was approved as submitted.
Ms. Chilcote explained that the Homeowners Association is independent from the builder, and is not responsible for builder warranties. It may serve as a forum for information exchange between individual homeowners regarding warranty issues, but as an organization will not be involved in home warranties. A possible exception could be with respect to issues more general to the community. The HOA might, for example, assist in pursuing issues regarding drainage between lots.
Ms. Chilcote also explained that there is a difference between the the homeowners association and the city supported neighborhood association. The Village at Cedar Ridge Homeowners Association is responsible for management of the privately owned common areas and related issues in The Village at Cedar Ridge. The Village at Cedar Ridge is geographically part of the larger North Garrison Heights Neighborhood Association, a city sponsored neighborhood association active in local traffic, public park, crime prevention and other community issues. It meets monthly at the Kamlu Retirement home.
Open forum discussion saw many topics raised. Michael Barry voiced his displeasure that Schuler Homes had financed fence construction between the Gazebo Park and backyards of three residences, while he had had to pay for his fence himself. He thought that the CC & R’s and Guidelines clearly stated that the homeowners were responsible to construct fences bordering the common areas, and suggested that the HOA Board seek reimbursement for him and others who had paid for their own fences along the Gazebo Park.
Several homeowners complained of poor drainage on their lots. It was suggested that the city may require Schuler to correct drainage and final grade problems before they pull out. The city prohibits deliberate drainage of private lots into the street. The city must issue a specific exception to this rule before any homeowner makes such an effort.
Rob Kloft asked how the Design Guidelines should be used by the ARB. There are different versions and different understandings of what they mean.
Jim Hanlon observed that there are actually three documents governing the VCRHOA. First are the CC&R’s, which are officially recorded with the state. Second are the By-laws, which are also recorded with the state. Third are the Design Guidelines, which are referenced by the CC&R’s, but which are not themselves a recorded document. These specific and restrictive “Design Guidelines” were originally impressed on the builders in the development by the developer, Coop Family Properties. These guidelines were constantly evolving. After one home was built with vinyl siding, for example, the guidelines were revised to prohibit vinyl siding. The specifications for street trees were changed several times. In another example, railings were supposed to be required on all porches, but Mr. Hanlon has a letter from the ARB (Architectural Review Board) at the time, granting an exception to that rule in the interest of “architectural diversity in the neighborhood”. A committee of homeowners did attempt to congeal previous versions of Guidelines into a reasonable and enforceable document that was published in October of 1998. Schuler Homes committed to apply this version of the Guidelines to all sales from that time forward.
Mr. Hanlon went on to explain a little of the history of the development. He pointed out that the Village at Cedar Ridge started out as a development designed by the Coop brothers, whose family farm they subdivided as a business venture. They envisioned a unique, “pedestrian friendly, neo-traditional neighborhood” that featured tree lined streets with sidewalks, nicer homes with porches, recessed garages or alley access, and, as much as possible, preservation of existing mature trees. Buyers in Phase 1 were distressed when the Coops sold the development to Schuler Homes. They were concerned that the value and diversity of home designs would not be maintained in the hands of a national homebuilder. Mr. Hanlon commented that he thought that Schuler Homes had actually done a pretty good job of continuing the Coop’s vision.
Reinhold Anderson recalled the turmoil around the sale to Schuler in which homeowners at the time engaged in a legal battle with Schuler and the Coops in an effort to gain control of the HOA and the ARB. The homeowners lost.
Rob Kloft asked how the association would like to see the Guidelines administered and enforced. During the ensuing discussion it was noted that the VCRHOA has no enforcement policy to deal with noncompliances. The Board was charged with designing one. Enforceable issues need to be spelled out, as do penalties. The Board was encouraged to allow for some flexibility in enforcement, allowing consideration of hardships. Allow for some individuality. Consider unique qualities of lots. Serve the community. It was observed that a change in the CC&R’s requires approval of the homeowners in a vote. Changes to the Design Guidelines require only Board approval. Another conclusion was that the October, 1998 version of the Design Guidelines should be reviewed once more by a committee established for that purpose. Issues to be mindful of include hot tubs, decks, awnings, remodels, and additions.
Ms. Chilcote invited homeowners to sign up to receive a fresh copy of October, 1998 version of the Guidelines from TMG. She also has new landscape design submittal forms.
Ms. Chilcote stated that TMG will tour the neighborhood periodically. One purpose is to make sure the common areas are being properly maintained. Another is to note any noncompliances with the CC&R’s and notify residents if they notice anything.
Another concern voiced concerned sidewalks and alley aprons in the neighborhood. There are bootprints in the sidewalk of some homes. Several alley aprons and curbs have been damaged by construction vehicles. It was reported that Schuler had committed to the city to repair the damaged concrete after the home construction was complete. Mr. Barry asked if the HOA could help birddog this issue.
It was asked what was being done to replace azaleas and other vegetation that did not survive the year in the 14th Street park. There was uncertainty as to what company had installed the plants, but one resident recalled it being Seven D’s. There should be a warranty on the plants. Ms. Chilcote will investigate. Schuler Homes is only directly responsible for trees in the planting strips and common areas. They have already replaced many dead trees.
Ron Paradis reported that the landscape contractor is responsible for the sprinkler system controls. He reported that Southwest Frontier won the landscaping contract, coming in over $2000 below the other three bidders. A cranefly infestation is being treated in the gazebo park. No cranefly problem was noticed in the 14th Street park. One resident asked that the park be posted when the pesticide was applied.
The Coop’s six new residential lots on 87th Avenue south of 15th Street are not part of VCRHOA.
It was asked if anyone was interested in maintaining the VCRHOA website. No volunteers stepped forward.
Dawn expressed an interest in helping with a VCRHOA newsletter. Ms. Chilcote said that TMG was available to consult on a newsletter and encouraged us to pursue it.
The meeting was adjourned at 9:00 PM
Respectfully submitted,
James F. Hanlon
VCRHOA Secretary