Everyone should have received a letter from our Community Management (FCS Community Management), concerning 2011 HOA Assessments. The letter portion is correct. Our HOA fee will be $108.00 for the year. There are two Options to pay:
Option 1
Pay $108.00 by January 10, 2011
Option 2
This option is $27.00 +$3.00 processing fee = $30.00
For this option payment must be in by:
1st $30.00 Payment January 10th
2nd $30.00 Payment April 10th
3rd $30.00 Payment July 10th
4th $30.00 Payment October 10th
You can make a payment online at www.hoaliving.com or send your check to:
Lexington Estates HOA
2274 S. 1300 East, #G15-324
Salt Lake City, UT 84106-2814
If you have any question Please contact Thomas Barra @ 801-256-0465.
The Statement portion of the letter has the incorrect amount due. A new statement will be sent out.
Also our Clearfield Mail Box has been closed. Any mail being sent there will be forward to FCS Community Management. If anyone wishes to mail a letter out, please send all nonpayment correspondence or any inquires to:
Thomas Barra, Community Manager
Lexington Estates HOA
c/o FCS Community Management
PO Box 5555
Draper, UT 84020
or anyone can e-mail him at: thomasb@hoaliving.com
Thank you
Lexington Estates HOA Board
Tuesday, December 28, 2010
Saturday, November 6, 2010
HOA BOARD MEETING
3 Nov. 2010 @ 7:00pm
Those in Attendance:
Board Members: Edward Takacs, Jeremy Fong, Gene Cosper
Mike Scales (Excused)
Review Minutes & Assignments: 2 Aug. 2010 HOA Board Meeting & 6 Oct. 2010 Special Meeting minutes. Approved by board.
Management:
-Received proposed Collection Policy & Fine Schedule from our management co.
-- Reviewed with board members and discussed the paperwork.
LEXINGTON ESTATES HOMEOWNERS ASSOCIATION
RESOLUTION OF THE BOARD OF TRUSTEES
COLLECTION POLICY
NOVEMBER 3, 2010
WHEREAS, “Declaration” is the “Declaration of Lexington Estates”; and “The Association” is the Lexington Estates Homeowners Association; and “Board” is the Board of Trustees for Lexington Estates Homeowners Association; and
WHEREAS, the Board of Trustees for the Association desires to honor the intent of the governing documents for the Association for the mutual benefit of the membership; and
WHEREAS, Article VII Section 1 of the Declaration states that membership in the Association is appurtenant to and runs with each Lot. All Common Expenses shall be shared and allocated equally among the Lots and Owners.
WHEREAS, Article VII Section 3 of the Declaration authorizes the Committee to adopt administrative or house rules; and
WHEREAS, Article VII Section 4 of the Declaration authorizes the Board to levy fines as a means of enforcing the provisions of the Declaration, Rules and Regulations, and Bylaws of the Association; and
WHEREAS, the Board desires to set forth a procedure to enforce the Declaration and Rules and Regulations of the Association; and
NOW, THEREFORE, BE IT RESOLVED that the following is adopted by the Board:
1. At the beginning of each calendar year; all installments of any General Assessment whether paying yearly or quarterly plus any processing fee which shall not have been received by the Board on or before the tenth (10th) day of January shall be assessed a late charge of five percent (5%) of the amount of the unpaid installment.
2. For owners paying quarterly the installments of any General Assessment plus any processing fee shall be due on or before the tenth (10th) day of each quarter in which it is due, otherwise a late charge of five percent (5%) of the amount of the unpaid installment will be charged.
3. Interest, at a rate of eighteen percent (18%) per annum, will be charged to any owner for any delinquent amount past due (including any past due accrued interest) on the last day of each calendar month beginning the first month end that the account is delinquent pursuant to Section 1 above.
4. Accounts past due for 60 days from the original due date may be sent to the Association’s agent or a separate collection agency, and a reasonable collection fee (not to exceed $100) shall be charged to the delinquent account in addition to applicable interest charges.
5. If any account is past due for 90 days from the original due date, a lien may be placed on the Lot and reasonable attorney’s fees (minimum of $250, not to exceed $500) shall be charged to the delinquent account. The owner shall be given notice of the lien in accordance with Utah Code Ann. §38-12-102.
6. If any account is past due for 120 days from the original due date, the Board or its agent may turn over collection to a Collection Agency or Attorney for further collections.
7. Once an owner has been turned over to a Collection Agency or Attorney for collections, the owner shall work directly with Collection Agency or Attorney to resolve the collection and shall not contact the Board or its agent.
8. Any and all expenses incurred by the Association in collecting a delinquent account, including reasonable attorney’s fees and costs, shall be paid by the owner.
9. Partial payments will be applied to oldest outstanding principal balance and then interest and fees.
10. The Board may allow owners to enter into a payment contract to avoid additional collection costs. Payment contracts will require accounts be paid off within 6 months. Interest will continue to accrue on the outstanding balance until account is brought current. If at any time the payment contract is violated, the collection process will resume.
If a check is not honored by the bank, the Owner will be charged an NSF fee.
LEXINGTON ESTATES HOMEOWNERS ASSOCIATION
RESOLUTION OF THE BOARD OF TRUSTEES
FINE SCHEDULE
#2010-2
NOVEMBER 3, 2010
WHEREAS, Declaration is the Declaration for Lexington Estates; and Association is the Lexington Estates Homeowners Association; and “Board” is the Board of Trustees of Lexington Estates Homeowners Association; and
WHEREAS, the Board of Directors for the Association desires to honor the intent of the governing documents for the Association for the mutual benefit of the membership; and
WHEREAS, Article VII of the Declaration authorizes the Committee to adopt administrative or house rules; and
WHEREAS, Article VII of the Declaration authorizes the Board to levy fines as a means of enforcing the provisions of the Declaration, Rules and Regulations, and Bylaws of the Association; and
WHEREAS, the Board desires to set forth a procedure to enforce the Declaration and Rules and Regulations of the Association; and
NOW, THEREFORE, BE IT RESOLVED that the following is adopted by the Board:
FINE SCHEDULE: Each and every violation is hereby made specifically subject to and punishable by the specific fines provided for in this section. Unless otherwise specifically noted, the fines and penalties are in the specific amounts as follows:
First Violation: The Association shall give a written warning to the owner that shall inform the owner that a fine will be imposed if a second similar violation occurs or if a continuing violation is not cured within 48 hours.
Second Violation: Upon the second violation of the same type after a warning in any one-year time period, or a continuing uncorrected violation after the initial 48 hour warning period, a fine of $25.00 shall be imposed on the owner.
Third Violation: Upon the third violation of the same type after a warning in any one-year time period, or an uncorrected violation continuing at least 48 hours after the assessment of the second violation fine, a fine of $50.00 shall be imposed on the owner.
Fourth Violation and Subsequent Violation(s): Upon the fourth violation of the same type after a warning in any one-year time period, or an uncorrected violation continuing at least 48 hours after the assessment of the third violation fine, a fine of $100.00 shall be imposed on the owner.
Cumulative fines for a continuing violation will not exceed $500 per month.
APPEAL PROCESS: An owner who is assessed a fine may request an informal hearing to protest or dispute the fine within thirty (30) days from the date the fine is assessed. The hearing shall be conducted in accordance with the standards below:
1. If a hearing is requested, no interest or late fees shall accrue related to the fine until after the hearing has been conducted and a final decision has been rendered by the Board.
2. All requests for hearing shall be in writing and shall be mailed or delivered to the Managing Agent.
3. The hearing must occur within fourteen (14) days after the owner delivers a written request for hearing to the Managing Agent.
Any hearing as a result of such a request shall be governed by the following rules:
1. The owner must appear at the time and place designated by the Board for the hearing.
2. At the hearing, the owner contesting the fine shall be entitled to fifteen (15) minutes to present evidence to challenge the alleged occurrence of the violation of the rule or such other evidence and information as the owner believes is pertinent or appropriate to the consideration of the Board.
3. The Board may establish and announce at the hearing any other reasonable rules regarding the hearing.
4. Within ten (10) days of the hearing, the Board shall issue and mail to the owner a written decision regarding the dispute.
5. The Board’s response shall be final.
6. The Board may rely on any reasonable information and evidence in determining whether or not a violation has occurred, both initially and after a hearing.
7. Fines not paid by the monthly assessment due date following their issuance shall accrue interest and late fees the same as any other late assessment amount, and may be collected as an unpaid assessment as set forth in the Declaration.
-- Ed Takacs has been in contact with Mike Scales, and he has reviewed these documents and he votes yes to put them into effect.
-- Put the proposed Collection Policy and Fine Schedule to a vote by Board Members.
--- Edward Takacs, Jeremy Fong, Gene Cosper voted yes.
Landscape:
- Water has been turned off.
- Jeremy Fong will see to draining the lines.
Next HOA Board Meeting: To be announced.
Review of notes: All Board members agreed.
CLOSED: 8:00 pm
Those in Attendance:
Board Members: Edward Takacs, Jeremy Fong, Gene Cosper
Mike Scales (Excused)
Review Minutes & Assignments: 2 Aug. 2010 HOA Board Meeting & 6 Oct. 2010 Special Meeting minutes. Approved by board.
Management:
-Received proposed Collection Policy & Fine Schedule from our management co.
-- Reviewed with board members and discussed the paperwork.
LEXINGTON ESTATES HOMEOWNERS ASSOCIATION
RESOLUTION OF THE BOARD OF TRUSTEES
COLLECTION POLICY
NOVEMBER 3, 2010
WHEREAS, “Declaration” is the “Declaration of Lexington Estates”; and “The Association” is the Lexington Estates Homeowners Association; and “Board” is the Board of Trustees for Lexington Estates Homeowners Association; and
WHEREAS, the Board of Trustees for the Association desires to honor the intent of the governing documents for the Association for the mutual benefit of the membership; and
WHEREAS, Article VII Section 1 of the Declaration states that membership in the Association is appurtenant to and runs with each Lot. All Common Expenses shall be shared and allocated equally among the Lots and Owners.
WHEREAS, Article VII Section 3 of the Declaration authorizes the Committee to adopt administrative or house rules; and
WHEREAS, Article VII Section 4 of the Declaration authorizes the Board to levy fines as a means of enforcing the provisions of the Declaration, Rules and Regulations, and Bylaws of the Association; and
WHEREAS, the Board desires to set forth a procedure to enforce the Declaration and Rules and Regulations of the Association; and
NOW, THEREFORE, BE IT RESOLVED that the following is adopted by the Board:
1. At the beginning of each calendar year; all installments of any General Assessment whether paying yearly or quarterly plus any processing fee which shall not have been received by the Board on or before the tenth (10th) day of January shall be assessed a late charge of five percent (5%) of the amount of the unpaid installment.
2. For owners paying quarterly the installments of any General Assessment plus any processing fee shall be due on or before the tenth (10th) day of each quarter in which it is due, otherwise a late charge of five percent (5%) of the amount of the unpaid installment will be charged.
3. Interest, at a rate of eighteen percent (18%) per annum, will be charged to any owner for any delinquent amount past due (including any past due accrued interest) on the last day of each calendar month beginning the first month end that the account is delinquent pursuant to Section 1 above.
4. Accounts past due for 60 days from the original due date may be sent to the Association’s agent or a separate collection agency, and a reasonable collection fee (not to exceed $100) shall be charged to the delinquent account in addition to applicable interest charges.
5. If any account is past due for 90 days from the original due date, a lien may be placed on the Lot and reasonable attorney’s fees (minimum of $250, not to exceed $500) shall be charged to the delinquent account. The owner shall be given notice of the lien in accordance with Utah Code Ann. §38-12-102.
6. If any account is past due for 120 days from the original due date, the Board or its agent may turn over collection to a Collection Agency or Attorney for further collections.
7. Once an owner has been turned over to a Collection Agency or Attorney for collections, the owner shall work directly with Collection Agency or Attorney to resolve the collection and shall not contact the Board or its agent.
8. Any and all expenses incurred by the Association in collecting a delinquent account, including reasonable attorney’s fees and costs, shall be paid by the owner.
9. Partial payments will be applied to oldest outstanding principal balance and then interest and fees.
10. The Board may allow owners to enter into a payment contract to avoid additional collection costs. Payment contracts will require accounts be paid off within 6 months. Interest will continue to accrue on the outstanding balance until account is brought current. If at any time the payment contract is violated, the collection process will resume.
If a check is not honored by the bank, the Owner will be charged an NSF fee.
LEXINGTON ESTATES HOMEOWNERS ASSOCIATION
RESOLUTION OF THE BOARD OF TRUSTEES
FINE SCHEDULE
#2010-2
NOVEMBER 3, 2010
WHEREAS, Declaration is the Declaration for Lexington Estates; and Association is the Lexington Estates Homeowners Association; and “Board” is the Board of Trustees of Lexington Estates Homeowners Association; and
WHEREAS, the Board of Directors for the Association desires to honor the intent of the governing documents for the Association for the mutual benefit of the membership; and
WHEREAS, Article VII of the Declaration authorizes the Committee to adopt administrative or house rules; and
WHEREAS, Article VII of the Declaration authorizes the Board to levy fines as a means of enforcing the provisions of the Declaration, Rules and Regulations, and Bylaws of the Association; and
WHEREAS, the Board desires to set forth a procedure to enforce the Declaration and Rules and Regulations of the Association; and
NOW, THEREFORE, BE IT RESOLVED that the following is adopted by the Board:
FINE SCHEDULE: Each and every violation is hereby made specifically subject to and punishable by the specific fines provided for in this section. Unless otherwise specifically noted, the fines and penalties are in the specific amounts as follows:
First Violation: The Association shall give a written warning to the owner that shall inform the owner that a fine will be imposed if a second similar violation occurs or if a continuing violation is not cured within 48 hours.
Second Violation: Upon the second violation of the same type after a warning in any one-year time period, or a continuing uncorrected violation after the initial 48 hour warning period, a fine of $25.00 shall be imposed on the owner.
Third Violation: Upon the third violation of the same type after a warning in any one-year time period, or an uncorrected violation continuing at least 48 hours after the assessment of the second violation fine, a fine of $50.00 shall be imposed on the owner.
Fourth Violation and Subsequent Violation(s): Upon the fourth violation of the same type after a warning in any one-year time period, or an uncorrected violation continuing at least 48 hours after the assessment of the third violation fine, a fine of $100.00 shall be imposed on the owner.
Cumulative fines for a continuing violation will not exceed $500 per month.
APPEAL PROCESS: An owner who is assessed a fine may request an informal hearing to protest or dispute the fine within thirty (30) days from the date the fine is assessed. The hearing shall be conducted in accordance with the standards below:
1. If a hearing is requested, no interest or late fees shall accrue related to the fine until after the hearing has been conducted and a final decision has been rendered by the Board.
2. All requests for hearing shall be in writing and shall be mailed or delivered to the Managing Agent.
3. The hearing must occur within fourteen (14) days after the owner delivers a written request for hearing to the Managing Agent.
Any hearing as a result of such a request shall be governed by the following rules:
1. The owner must appear at the time and place designated by the Board for the hearing.
2. At the hearing, the owner contesting the fine shall be entitled to fifteen (15) minutes to present evidence to challenge the alleged occurrence of the violation of the rule or such other evidence and information as the owner believes is pertinent or appropriate to the consideration of the Board.
3. The Board may establish and announce at the hearing any other reasonable rules regarding the hearing.
4. Within ten (10) days of the hearing, the Board shall issue and mail to the owner a written decision regarding the dispute.
5. The Board’s response shall be final.
6. The Board may rely on any reasonable information and evidence in determining whether or not a violation has occurred, both initially and after a hearing.
7. Fines not paid by the monthly assessment due date following their issuance shall accrue interest and late fees the same as any other late assessment amount, and may be collected as an unpaid assessment as set forth in the Declaration.
-- Ed Takacs has been in contact with Mike Scales, and he has reviewed these documents and he votes yes to put them into effect.
-- Put the proposed Collection Policy and Fine Schedule to a vote by Board Members.
--- Edward Takacs, Jeremy Fong, Gene Cosper voted yes.
Landscape:
- Water has been turned off.
- Jeremy Fong will see to draining the lines.
Next HOA Board Meeting: To be announced.
Review of notes: All Board members agreed.
CLOSED: 8:00 pm
Sunday, October 10, 2010
Special Meeting for Lexington Estates HOA 6 & 7 Oct 2010
Special Meeting
LEXINGTON ESTATES
HOMEOWNERS ASSOCIATION
October 6, 2010; Clearfield Library
Ed Takacs (Pres/Sec), Mike Scales (Treasurer), Jeremy Fong (Board Member), Thomas Barra (FCS Community Manager), and 18 people present.
Meeting called to order at 7pm. There were not enough homeowners present so the meeting was closed and moved 24 hours later for the same time and place, per CC&R’s. Some stayed behind to talk and ask questions. No notes were taken at this time.
Special Meeting
LEXINGTON ESTATES
HOMEOWNERS ASSOCIATION
October 7, 2010; Clearfield Library
Ed Takacs (Pres/Sec), Mike Scales (Treasurer), Thomas Barra (FCS Community Manager), and 14 people present.
- Meeting called to order at 7pm.
- Some discussion about last night meeting.
- Welcomed all and introduced Thomas Barra our new FCS Community Manager.
-- Thomas introduced himself and the FCS Community Management Company.
- Time turned over to Mike Scales for Financial business.
-- 2010 Financial Reports Presented and discussed.
-- 2011 Budget Presented per CC&R’s and discussed.
- Questions and Answers (Some were asked during the above time, and I am placing them in this section of the notes).
-- Why has no one seen the Budget till the night of the 6th and 7th of June 2010 at the Special Meeting? The HOA Board has been working with our new Management Company and was able to finalize it on the 6th of June. We were in contact with each of the board members and agreed on the new budget. Then it was brought to the meeting. All homeowners in our HOA received a mailing from our Management Company with information to include a proxy form for the meeting, and a flier about this meeting. We will also post the 2011 Budget to the blog and e-mail it to all those who we have e-mail address’s for.
-- Will the 2011 budget be voted in tonight? The previous budget votes we have had have not been done properly. I asked our Management Company to explain how this is to be done and then I contacted our lawyer Paul Olds, and asked him for his advice. He told me the same thing our Management Company advised me.
Article VII, (Ownership, Operation and Management), Paragraph 4c. Approval of Budget and Assessments. The proposed budget and the Assessments shall become effective unless disapproved at the Annual Meeting by a vote of at least a Majority of the Members of the Association. Notwithstanding the foregoing, however, if the Membership disapproves the proposed budget and Assessments or the Board of Trustees fails for any reason to establish the budget and Common Elements Assessments for the succeeding year, then and until such time as a new budget and new Assessment schedule shall have been established, the budget and the Common Elements Assessments in effect for the then current year shall continue for the succeeding year.
--- One of the homeowners had a concern about this, as did I. When talking Mr. Paul Olds. I ask him, if we the board voted in, let’s say $5000.00 a year and we do not have 50% of the Association present, that budget is effective on its date and everybody has to pay. He said yes. But you must remember that the board also lives in the Association and lives by that vote. Also there is a legal law that is in place so that the board has to show that this is in the best interests of the Association. We would also have to prove this to a judge as well if ever questioned in court. He told me about a case that is going on right now about this same thing in California that has garnered national attention.
-- Water cost was brought to the floor for discussion. We pay Davis County Water for four 2-inch lines that feed into our sprinkler system. We have talked to 2 different people and have had them come out to look at our system to see if we can change them from 2 inch to 1 inch, so we can reduce our bill. We were told by both that each Sprinkler run has the max amount of heads and if we went smaller they would not all work properly.
-- Homeowner asked about the Taxes, Audit & fees cost of $1500.00. With this new Management Company we are working with them to secure a CPA cheaper and to meet the intent of the CC&R’s. Once obtained we will update the FY2012 budget to reflect. If this leaves additional money for this line item it will be placed into the reserves.
In Exhibit “B” By-Laws; (page 20), Para. 7. Accounting; b. At the close of each fiscal year the books and records of the Board of Trustees shall be audited by a certified public accountant approved by the Association.
-- Snow Removal cost brought to the floor for discussion. We are still trying to find an average cost for this, and will take time to come up with it. Again if there is extra money it will be moved into our reserve account, and then adjusted into our 2012 budget.
--- Homeowner brought up the question if this is a city, HOA, or a homeowner responsibility. I will go and talk with the Clinton city planner, management co. and our lawyer to see how this needs to be handled.
-- Homeowner asked, “How do we get money owed from the homeowners who have not paid or refuse to pay?” This will be handled thru our Management Company. There is a process in place to accomplish this. In a nut shell the homeowner will be sent a letter explaining that they owe, plus a $25.00 fine. If they choose not to pay again, a seconded letter is sent explaining what they owe, plus a $50.00 fine. If they again wish not to pay, a third letter will go out to them explaining what they owe, plus another fine of $100.00. After this if they still do not pay there will be a lien place against them. Management Company has a slightly different process, in which they then turn it over to a lawyer and collection agency.
-- Homeowner express concerns about the amount of dues from some homeowners who have not paid, and with the fees could be large, and they might not be able to pay it due to current financial circumstances. We as a board are concerned with this also. Due to several issues with this HOA and with our first Management Company’s lack of working with this we have waived all fees until the end of October. As of the 1st of November 2010 all dues are due for this year and last year. If some homeowners wish not to get caught up with what they owe, our Management Company will start the fees for late and non-payments after 10 November 2010. If a homeowner is not sure what they owe or any other questions they may get in contact with Thomas Barra, Lexington Estates HOA Community Manager @ 801-256-0465, or by e-mail manager@hoaliving.com.
-- Future mailing from our Management will say on the label, to the effect, Lexington Estates HOA, so the homeowner will know where this mailing is coming from.
-- Our board has had two members resign due to personal and education reasons, which leaves two seats open. Mr. Gene Cosper has volunteered to fill one of those seats. We thanked him for stepping up to help out and if there is anyone else who wishes to help our neighborhood and would like to be on the HOA Board Please contact us.
-- Our next Annual meeting of the Lexington Estates will be held on the 9th of June 2011. Time and place will be announced.
-- Those homeowners who have had their checks returned after mailing them to the management company please send them again. They were finishing building the account system and had nowhere to record your payment. As long as you have your name and address on your check, it will find the right place. If you would also include Lexington Estates HOA and your plot # to the memo line, it would make things easier and faster. Your account # in not needed at this time, and that information will be coming
-Meeting closed @ 8pm
LEXINGTON ESTATES
HOMEOWNERS ASSOCIATION
October 6, 2010; Clearfield Library
Ed Takacs (Pres/Sec), Mike Scales (Treasurer), Jeremy Fong (Board Member), Thomas Barra (FCS Community Manager), and 18 people present.
Meeting called to order at 7pm. There were not enough homeowners present so the meeting was closed and moved 24 hours later for the same time and place, per CC&R’s. Some stayed behind to talk and ask questions. No notes were taken at this time.
Special Meeting
LEXINGTON ESTATES
HOMEOWNERS ASSOCIATION
October 7, 2010; Clearfield Library
Ed Takacs (Pres/Sec), Mike Scales (Treasurer), Thomas Barra (FCS Community Manager), and 14 people present.
- Meeting called to order at 7pm.
- Some discussion about last night meeting.
- Welcomed all and introduced Thomas Barra our new FCS Community Manager.
-- Thomas introduced himself and the FCS Community Management Company.
- Time turned over to Mike Scales for Financial business.
-- 2010 Financial Reports Presented and discussed.
-- 2011 Budget Presented per CC&R’s and discussed.
- Questions and Answers (Some were asked during the above time, and I am placing them in this section of the notes).
-- Why has no one seen the Budget till the night of the 6th and 7th of June 2010 at the Special Meeting? The HOA Board has been working with our new Management Company and was able to finalize it on the 6th of June. We were in contact with each of the board members and agreed on the new budget. Then it was brought to the meeting. All homeowners in our HOA received a mailing from our Management Company with information to include a proxy form for the meeting, and a flier about this meeting. We will also post the 2011 Budget to the blog and e-mail it to all those who we have e-mail address’s for.
-- Will the 2011 budget be voted in tonight? The previous budget votes we have had have not been done properly. I asked our Management Company to explain how this is to be done and then I contacted our lawyer Paul Olds, and asked him for his advice. He told me the same thing our Management Company advised me.
Article VII, (Ownership, Operation and Management), Paragraph 4c. Approval of Budget and Assessments. The proposed budget and the Assessments shall become effective unless disapproved at the Annual Meeting by a vote of at least a Majority of the Members of the Association. Notwithstanding the foregoing, however, if the Membership disapproves the proposed budget and Assessments or the Board of Trustees fails for any reason to establish the budget and Common Elements Assessments for the succeeding year, then and until such time as a new budget and new Assessment schedule shall have been established, the budget and the Common Elements Assessments in effect for the then current year shall continue for the succeeding year.
--- One of the homeowners had a concern about this, as did I. When talking Mr. Paul Olds. I ask him, if we the board voted in, let’s say $5000.00 a year and we do not have 50% of the Association present, that budget is effective on its date and everybody has to pay. He said yes. But you must remember that the board also lives in the Association and lives by that vote. Also there is a legal law that is in place so that the board has to show that this is in the best interests of the Association. We would also have to prove this to a judge as well if ever questioned in court. He told me about a case that is going on right now about this same thing in California that has garnered national attention.
-- Water cost was brought to the floor for discussion. We pay Davis County Water for four 2-inch lines that feed into our sprinkler system. We have talked to 2 different people and have had them come out to look at our system to see if we can change them from 2 inch to 1 inch, so we can reduce our bill. We were told by both that each Sprinkler run has the max amount of heads and if we went smaller they would not all work properly.
-- Homeowner asked about the Taxes, Audit & fees cost of $1500.00. With this new Management Company we are working with them to secure a CPA cheaper and to meet the intent of the CC&R’s. Once obtained we will update the FY2012 budget to reflect. If this leaves additional money for this line item it will be placed into the reserves.
In Exhibit “B” By-Laws; (page 20), Para. 7. Accounting; b. At the close of each fiscal year the books and records of the Board of Trustees shall be audited by a certified public accountant approved by the Association.
-- Snow Removal cost brought to the floor for discussion. We are still trying to find an average cost for this, and will take time to come up with it. Again if there is extra money it will be moved into our reserve account, and then adjusted into our 2012 budget.
--- Homeowner brought up the question if this is a city, HOA, or a homeowner responsibility. I will go and talk with the Clinton city planner, management co. and our lawyer to see how this needs to be handled.
-- Homeowner asked, “How do we get money owed from the homeowners who have not paid or refuse to pay?” This will be handled thru our Management Company. There is a process in place to accomplish this. In a nut shell the homeowner will be sent a letter explaining that they owe, plus a $25.00 fine. If they choose not to pay again, a seconded letter is sent explaining what they owe, plus a $50.00 fine. If they again wish not to pay, a third letter will go out to them explaining what they owe, plus another fine of $100.00. After this if they still do not pay there will be a lien place against them. Management Company has a slightly different process, in which they then turn it over to a lawyer and collection agency.
-- Homeowner express concerns about the amount of dues from some homeowners who have not paid, and with the fees could be large, and they might not be able to pay it due to current financial circumstances. We as a board are concerned with this also. Due to several issues with this HOA and with our first Management Company’s lack of working with this we have waived all fees until the end of October. As of the 1st of November 2010 all dues are due for this year and last year. If some homeowners wish not to get caught up with what they owe, our Management Company will start the fees for late and non-payments after 10 November 2010. If a homeowner is not sure what they owe or any other questions they may get in contact with Thomas Barra, Lexington Estates HOA Community Manager @ 801-256-0465, or by e-mail manager@hoaliving.com.
-- Future mailing from our Management will say on the label, to the effect, Lexington Estates HOA, so the homeowner will know where this mailing is coming from.
-- Our board has had two members resign due to personal and education reasons, which leaves two seats open. Mr. Gene Cosper has volunteered to fill one of those seats. We thanked him for stepping up to help out and if there is anyone else who wishes to help our neighborhood and would like to be on the HOA Board Please contact us.
-- Our next Annual meeting of the Lexington Estates will be held on the 9th of June 2011. Time and place will be announced.
-- Those homeowners who have had their checks returned after mailing them to the management company please send them again. They were finishing building the account system and had nowhere to record your payment. As long as you have your name and address on your check, it will find the right place. If you would also include Lexington Estates HOA and your plot # to the memo line, it would make things easier and faster. Your account # in not needed at this time, and that information will be coming
-Meeting closed @ 8pm
Saturday, September 18, 2010
Update Information
We have been working with our new management company (FCS Community Management) for the last several weeks setting up our new account. They are sending a letter to all Lexington Estates HOA homeowners. Please take the time to read and retain this letter for your records. As we gather additional information on the Management company we will get it out to you as soon as possible. We have reserved a room at the Clearfield Library located at 562 South 1000 East Clearfield, Utah 84015 for our meeting on 6 Oct. 2010 from 7pm-8pm. We will introduce our new management company and will also have someone there from FCS to answer any questions you may have. We will also present a new budget. One last note....we are still looking for more homeowners to fill vacancies on our HOA Board so please e-mail the board with any inquiries @ lexingtonhoaboard@gmail.com .
Thank You
HOA Board
Thank You
HOA Board
Sunday, September 5, 2010
HOA BOARD MEETING
2 Aug 2010 @ 7:00pm
Those in Attendance: Board Members: Edward Takacs, Mike Scales, Jeremy Fong
Natalie Adams (Excused), Nancy Morrison (Excused)
Review Minutes & Assignments: 17 March 2010 minutes. Approved by board.
Management:
- The HOA Board voted for FCS Community Management Co. by phone, back in July 2010. All voted to the yes.
- Contacted and hiring FCS Community Management and are working with them to get this going.
-- A letter will be going out to all the homeowner from the FSC Community Management Co.
-- Spent time discussing the information received from FSC Community Management and other information from a meeting with Michael D. Johnson who is the President of the company.
-- We will be putting a letter together with more info about our new management company and post it to the blog.
Budget:
- Currently working on a 2011 Budget. More info to come.
- Current fund are $2592.28
- Per the last several Special HOA Meetings about disbanding our HOA, we hired an HOA attorney (Mr. Paul H. Olds). We had to pay a retainer fee. Because of this we will be adding an assessment fee of $10.00 per homeowner.
HOA Business:
- Nancy Morrison and Natalie Adams both have stated they are removing themselves from the HOA Board due to personal reasons.
Next HOA Board Meeting: To be announced.
Review of notes: All Board members agreed.
CLOSED: 9:10 pm
Those in Attendance: Board Members: Edward Takacs, Mike Scales, Jeremy Fong
Natalie Adams (Excused), Nancy Morrison (Excused)
Review Minutes & Assignments: 17 March 2010 minutes. Approved by board.
Management:
- The HOA Board voted for FCS Community Management Co. by phone, back in July 2010. All voted to the yes.
- Contacted and hiring FCS Community Management and are working with them to get this going.
-- A letter will be going out to all the homeowner from the FSC Community Management Co.
-- Spent time discussing the information received from FSC Community Management and other information from a meeting with Michael D. Johnson who is the President of the company.
-- We will be putting a letter together with more info about our new management company and post it to the blog.
Budget:
- Currently working on a 2011 Budget. More info to come.
- Current fund are $2592.28
- Per the last several Special HOA Meetings about disbanding our HOA, we hired an HOA attorney (Mr. Paul H. Olds). We had to pay a retainer fee. Because of this we will be adding an assessment fee of $10.00 per homeowner.
HOA Business:
- Nancy Morrison and Natalie Adams both have stated they are removing themselves from the HOA Board due to personal reasons.
Next HOA Board Meeting: To be announced.
Review of notes: All Board members agreed.
CLOSED: 9:10 pm
Wednesday, July 7, 2010
HOA Board Meeting
7 July 2010
Meeting was canceled. Several members had some personal conflicts. We will call each other by phone to discuss the HOA management comp. and then place to a vote to pick which management comp. we want to use.
Thank for your support
Ed Takacs
Meeting was canceled. Several members had some personal conflicts. We will call each other by phone to discuss the HOA management comp. and then place to a vote to pick which management comp. we want to use.
Thank for your support
Ed Takacs
Monday, July 5, 2010
Update on HOA Management Companies
We have received several bids from some HOA management companies. I am still waiting on one more, but would like to move forward. We will hold a board meeting this Wednesday at 7pm; location is my home at 2451 W 1340 N. We will go over the bids from the HOA management companies, and then vote for one to help us run our HOA.
Thanks for your support.
Ed Takacs
Thanks for your support.
Ed Takacs
Friday, June 11, 2010
ANNUAL HOA MEETING
9 June 2010 @ 7:00pm: Park behind West Clinton Elementary School
Those in Attendance: 12 Homeowners represented by one or more people, including board members.
Meeting Started at 7:05pm
Meeting: Edward Takacs presiding and conducting
Disbandment:
- Mike Scales and Edward Takacs met with our attorney on the 7th of June 2010.
-- Paul H. Olds (801) 394-5526, 205 26th St., Suite 34, Ogden, Ut.
--- Mr. Olds has many years working with HOA’s. He has worked with the city of Ogden in many capacities, and also been and work with many HOA in many capacities.
- He told us that the only way to disband is to have 100% of 178 homeowners to vote yes to disband. If there is just one homeowner who wants to keep the HOA, then we can not disband.
- We would have each homeowner sign a notarized letter stating that they want to disband the HOA.
- We can not go any further with this till we get 178 votes to the yes.
-The last vote (25 March 2010) on the matter was 12 votes to keep the HOA; 31 to disband; and 1 to non-functioning HOA; a total of 44 homeowner out of 178 that voted.
City and County:
- Davis County has the CC&R’s recorded and you can go to the recorder’s office to check on information about your property.
- The city has the right to maintain the landscape easement to the level that it was planned and plotted.
- As mentioned before the city can place a nuisance tax lien against our homes to cover the cost to repair the landscape easement if it is not maintained.
- Talked with Mr. Lynn Vinzant, Assistant City Manager/Community Development Director for Clinton City today about placing gates in the fence along 1300. City was working on paperwork for the homeowner to sign that they would take care of their part of the landscape easement if we disbanded the HOA. That is all on hold for now; we can address concern again if we get 178 votes to disband.
Budget:
- It was brought to our attention that the 2010 budget was not on the blog. This was added to the blog after our meeting and is located directly under the link to the CC&R’s. Any issues with this link please let us know.
- We will get a purposed budget for 2011 together, once we hire a management company because we will need to know what their cost will be. We will then call a special meeting to vote on the 2011 budget.
- We currently have $3860.72 in the bank.
- About 1/3 of the homeowners are not current with their dues.
- Once the management company is hired, we will sit down with them to show them the records we have of those who have paid and not paid and work out what needs to be done. I think a letter will go out to all homeowners to let them know who our management company is and what each homeowner owes. Then we will go from there with the direction of the management company.
Board of Directors:
- We opened the floor for the homeowners to place names into the voting of Board of Directors.
- Received no names; Edward Takacs asked if the homeowners would like to keep the current Board of Directors. One homeowner nominated to keep the current Board. A second homeowner seconded the nomination. After a minute or so we placed the nomination to a vote by the homeowners. All homeowners present (12) voted yes to keep the current Board of Directors.
- Mike Scales and Edward Takacs said we would stay on to continue working with the neighborhood. Edward Takacs will get in contact with the other board members to see if they would like to stay on.
Water:
- We are looking into reducing the size of the connection from the city lines. If this is possible we are looking at reducing the yearly water bill considerably. Once we have bids from licensed contractors and follow up with the water district we will work to make this happen. As more information is obtained on this we will let you know.
Other Remarks:
- I would like to thank Mr. Earl Green for organizing and passing out the flyers about the HOA meeting, to all the homeowner.
CLOSED: 8:45pm
Those in Attendance: 12 Homeowners represented by one or more people, including board members.
Meeting Started at 7:05pm
Meeting: Edward Takacs presiding and conducting
Disbandment:
- Mike Scales and Edward Takacs met with our attorney on the 7th of June 2010.
-- Paul H. Olds (801) 394-5526, 205 26th St., Suite 34, Ogden, Ut.
--- Mr. Olds has many years working with HOA’s. He has worked with the city of Ogden in many capacities, and also been and work with many HOA in many capacities.
- He told us that the only way to disband is to have 100% of 178 homeowners to vote yes to disband. If there is just one homeowner who wants to keep the HOA, then we can not disband.
- We would have each homeowner sign a notarized letter stating that they want to disband the HOA.
- We can not go any further with this till we get 178 votes to the yes.
-The last vote (25 March 2010) on the matter was 12 votes to keep the HOA; 31 to disband; and 1 to non-functioning HOA; a total of 44 homeowner out of 178 that voted.
City and County:
- Davis County has the CC&R’s recorded and you can go to the recorder’s office to check on information about your property.
- The city has the right to maintain the landscape easement to the level that it was planned and plotted.
- As mentioned before the city can place a nuisance tax lien against our homes to cover the cost to repair the landscape easement if it is not maintained.
- Talked with Mr. Lynn Vinzant, Assistant City Manager/Community Development Director for Clinton City today about placing gates in the fence along 1300. City was working on paperwork for the homeowner to sign that they would take care of their part of the landscape easement if we disbanded the HOA. That is all on hold for now; we can address concern again if we get 178 votes to disband.
Budget:
- It was brought to our attention that the 2010 budget was not on the blog. This was added to the blog after our meeting and is located directly under the link to the CC&R’s. Any issues with this link please let us know.
- We will get a purposed budget for 2011 together, once we hire a management company because we will need to know what their cost will be. We will then call a special meeting to vote on the 2011 budget.
- We currently have $3860.72 in the bank.
- About 1/3 of the homeowners are not current with their dues.
- Once the management company is hired, we will sit down with them to show them the records we have of those who have paid and not paid and work out what needs to be done. I think a letter will go out to all homeowners to let them know who our management company is and what each homeowner owes. Then we will go from there with the direction of the management company.
Board of Directors:
- We opened the floor for the homeowners to place names into the voting of Board of Directors.
- Received no names; Edward Takacs asked if the homeowners would like to keep the current Board of Directors. One homeowner nominated to keep the current Board. A second homeowner seconded the nomination. After a minute or so we placed the nomination to a vote by the homeowners. All homeowners present (12) voted yes to keep the current Board of Directors.
- Mike Scales and Edward Takacs said we would stay on to continue working with the neighborhood. Edward Takacs will get in contact with the other board members to see if they would like to stay on.
Water:
- We are looking into reducing the size of the connection from the city lines. If this is possible we are looking at reducing the yearly water bill considerably. Once we have bids from licensed contractors and follow up with the water district we will work to make this happen. As more information is obtained on this we will let you know.
Other Remarks:
- I would like to thank Mr. Earl Green for organizing and passing out the flyers about the HOA meeting, to all the homeowner.
CLOSED: 8:45pm
Wednesday, June 9, 2010
2010 Lexington Estates HOA Budget
It was brought to our attention that the 2010 HOA budget was not on the blog for viewing. It was added to the right under the CC&R's link. If you experience any issues with this link please let the Board know ASAP.
Tuesday, June 8, 2010
LEXINGTON ESTATES HOA Annual HOA Meeting 8 June 2010 @ 7pm.
Location was at the park behind West Clinton Elementary School.
We had 8 homeowners sign in. There were a few who showed up later. But there were not enough homeowners present. So the meeting was pushed back 24 hours. The Annual HOA Meeting will now be the 9th of June 2010, at the park behind West Clinton Elementary School. Those who were present sat around and talked about the Disbandment, How the City/County are involved, Budget, and Board of Directors. Tomorrow we need to vote in a Board of Directors. So please come and place your name into the voting or show up to support your neighborhood by voting for a Board of Directors.
Thanks for your support
Board of Directors
We had 8 homeowners sign in. There were a few who showed up later. But there were not enough homeowners present. So the meeting was pushed back 24 hours. The Annual HOA Meeting will now be the 9th of June 2010, at the park behind West Clinton Elementary School. Those who were present sat around and talked about the Disbandment, How the City/County are involved, Budget, and Board of Directors. Tomorrow we need to vote in a Board of Directors. So please come and place your name into the voting or show up to support your neighborhood by voting for a Board of Directors.
Thanks for your support
Board of Directors
Thursday, May 13, 2010
More updates on the Lexington Estates HOA Disbandment
- Celeste Canning (801) 612-9299 / Dawn (Sectary)
- 2590 Washington Blvd. Suite 200
-- Meet with them on 6 May 2010. We were not impressed with them. They basically gave us 3 options. 1) Get 100% vote to disband. 2) Just walk away and see what happens. Not good because then the city gets involved if the landscape easement is not taken care of. 3) Go to court and let the judge decide what is best. He said this would be somewhere around $10,000+, because of court and lawyer fees. Then we are not sure what the outcome will be.
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Went down to the court house and talked to 3 different offices about lot sizes and what do the 18 homeowners own or not own. They could not give me any legal advice about what would or could happen if the landscape easement was not taken care of. Along with other questions I had, they told me to get an attorney to look into our CC&R’s and get with the city to see what is legal or not.
I also talked with Mr. Lynn Vinzant, Assistant City Manager /Community Development Director for Clinton City. My question was, “Can those homeowners put a gate in their back fence along 1300, so they can have access to the area for upkeep?” He thinks it should not be a problem as long as the gate swings to the inside. But he would have to bring this up to the city council to decide on this Tuesday. He asked me to call him back on Wednesday to discuss the answer. – Talked to Mr. Vinzant today. He said that the city will allow homeowners to put gates in if they want. He will be drafting up a document for the homeowners who live along 1300 to sign. Stating that they will upkeep the landscape easement within their property as is it is now. Meaning they would not be allowed to change the look or design of that landscape easement. The city planed that whole area to look that way and want it to look nice and uniformed, per the plat. He has to get with their lawyer and the county recorders to get this done. I will be in contact with him for more information.
Board members have discussed the information we received from the lawyers we have talked with, and feel we need to hire an attorney to go though our CC&R’s and let us know what we can do. Also how to go about doing it legally to make sure all our avenues are covered. Plus have him look into how the city and county falls into this mess. What they can do or not do.
We will hold our HOA Annual meeting on the 8th of June 2010 @ 7pm, at the park behind West Clinton Elementary School. If we do not get 50% or more of the homeowners to show, then we will have our next meeting 24 hours later (per CC&R’s). Which will be the 9th of June 2010 @ 7pm, at the same location. Sorry about holding this meeting at the park, but the Clearfield Library is all booked up. We have some very important information to share with you. Some important topics are: our disbandment, information from our attorney, how the city and county fall into this process, budget issues and concerns, and voting for a new board (Please come and be ready to place your name into the voting, so we as a HOA neighborhood can vote for a new Board of Directors.)
We will be posting flyers to all homeowners sometime soon. We will be calling those who placed their names on the distribution list to help with handing out those fliers.
We will be mailing more detailed information out to the neighborhood when we get it together. This is due to those who may not have access to a computer, and to try to reach everybody in our neighborhood.
I will post more information to the blog when I collect it. Once you get this e-mail can you spread this information to your neighbors so they can be more aware and provide input. Also check with the HOA Blog for information, lexingtonhoaboard.blogspot.com Thanks for your patience and help and more to come.
Respectively,
Lexington Estates Board
- 2590 Washington Blvd. Suite 200
-- Meet with them on 6 May 2010. We were not impressed with them. They basically gave us 3 options. 1) Get 100% vote to disband. 2) Just walk away and see what happens. Not good because then the city gets involved if the landscape easement is not taken care of. 3) Go to court and let the judge decide what is best. He said this would be somewhere around $10,000+, because of court and lawyer fees. Then we are not sure what the outcome will be.
-------------------------------------------------------------------------------------
Went down to the court house and talked to 3 different offices about lot sizes and what do the 18 homeowners own or not own. They could not give me any legal advice about what would or could happen if the landscape easement was not taken care of. Along with other questions I had, they told me to get an attorney to look into our CC&R’s and get with the city to see what is legal or not.
I also talked with Mr. Lynn Vinzant, Assistant City Manager /Community Development Director for Clinton City. My question was, “Can those homeowners put a gate in their back fence along 1300, so they can have access to the area for upkeep?” He thinks it should not be a problem as long as the gate swings to the inside. But he would have to bring this up to the city council to decide on this Tuesday. He asked me to call him back on Wednesday to discuss the answer. – Talked to Mr. Vinzant today. He said that the city will allow homeowners to put gates in if they want. He will be drafting up a document for the homeowners who live along 1300 to sign. Stating that they will upkeep the landscape easement within their property as is it is now. Meaning they would not be allowed to change the look or design of that landscape easement. The city planed that whole area to look that way and want it to look nice and uniformed, per the plat. He has to get with their lawyer and the county recorders to get this done. I will be in contact with him for more information.
Board members have discussed the information we received from the lawyers we have talked with, and feel we need to hire an attorney to go though our CC&R’s and let us know what we can do. Also how to go about doing it legally to make sure all our avenues are covered. Plus have him look into how the city and county falls into this mess. What they can do or not do.
We will hold our HOA Annual meeting on the 8th of June 2010 @ 7pm, at the park behind West Clinton Elementary School. If we do not get 50% or more of the homeowners to show, then we will have our next meeting 24 hours later (per CC&R’s). Which will be the 9th of June 2010 @ 7pm, at the same location. Sorry about holding this meeting at the park, but the Clearfield Library is all booked up. We have some very important information to share with you. Some important topics are: our disbandment, information from our attorney, how the city and county fall into this process, budget issues and concerns, and voting for a new board (Please come and be ready to place your name into the voting, so we as a HOA neighborhood can vote for a new Board of Directors.)
We will be posting flyers to all homeowners sometime soon. We will be calling those who placed their names on the distribution list to help with handing out those fliers.
We will be mailing more detailed information out to the neighborhood when we get it together. This is due to those who may not have access to a computer, and to try to reach everybody in our neighborhood.
I will post more information to the blog when I collect it. Once you get this e-mail can you spread this information to your neighbors so they can be more aware and provide input. Also check with the HOA Blog for information, lexingtonhoaboard.blogspot.com Thanks for your patience and help and more to come.
Respectively,
Lexington Estates Board
Wednesday, April 28, 2010
More updates on the Lexington Estates HOA Disbandment
- Addison Larreau (801) 771-7026 / Melissa (Sectary) (801) 622-5866
- Coggins, Larreau & Lythgue, PC 289 24th St. Suite 150 Ogden, Ut
-- Appointment on 27th of April at 11am.
-- Mike and I met with Addison Larreau, and we were told that we would have to have 100% of 178 homeowners agree to disband and or change CC&R’s (which means 178 notarized statements of agreement signed by the mortgagee). If just one homeowner does not want to disband then we can’t. Also if we did get all 178 homeowners to agree to disband this HOA, and one of the homeowners along 1300 N does not take care of their section of the landscape easement, Clinton city can still and will most likely post notice on the property and place a notice in the newspaper to fix the area within a certain time frame. If not repaired by that time the city will divide the repair cost to all 178 homeowners with a tax lien against each property (to include newspaper notice, cleanup, time /cost incurred by the city, etc).
-- Another option is to go to court and have them decide what the best course of action is. This can be tricky because, again it comes down to how many homeowners want an HOA (and it does not take a high number to sway the court usually). This can also be very expensive, court cost, attorney cost, time from work and family, ect. This is also to disband the HOA and the city still has right of the landscape easement appearance.
-- Another way is to have paperwork from the city to turn over the landscape care to each homeowner who owns a part of the landscape easement, for them to sign and then record it with the county against their deed. Then we will need 100% of 178 homeowners agree to disband (178 notarized statements of agreement). Even if we went this route and one homeowner does not take care of their piece of the park strip a tax lien can be levied against all 178 homeowners as previously stated.
-- Addison Larreau referred us to a Celeste Canning. He said she has a lot more experience with these cases because she has dealt with both city and the developers in establishing HOAs and working with them on legal matters. He thought she would have more knowledge and experience with our situation.
- Celeste Canning (801) 612-9299 / Dawn (Sectary)
- 2590 Washington Blvd. Suite 200
-- Called and left a message to call me back.
-- Returned our call. Set up an appointment for 6 May 2010 @ 3:15pm (The soonest they had open).
-- First 30 Min. free, then $175.00 an hour after that.
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We have an appointment with Celeste Canning to discuss our HOA’s current situation. I will post more information to the blog and depending on what we have to do we will use those who sign up to help if anything needs to be distributed. Once you get this e-mail can you spread this information to your neighbors so they can be more aware and provide input. Also check with the HOA Blog for information, lexingtonhoaboard.blogspot.com Thanks for your patience and help and more to come as soon as we speak to Mrs. Canning.
Respectively,
Lexington Estates Board
- Coggins, Larreau & Lythgue, PC 289 24th St. Suite 150 Ogden, Ut
-- Appointment on 27th of April at 11am.
-- Mike and I met with Addison Larreau, and we were told that we would have to have 100% of 178 homeowners agree to disband and or change CC&R’s (which means 178 notarized statements of agreement signed by the mortgagee). If just one homeowner does not want to disband then we can’t. Also if we did get all 178 homeowners to agree to disband this HOA, and one of the homeowners along 1300 N does not take care of their section of the landscape easement, Clinton city can still and will most likely post notice on the property and place a notice in the newspaper to fix the area within a certain time frame. If not repaired by that time the city will divide the repair cost to all 178 homeowners with a tax lien against each property (to include newspaper notice, cleanup, time /cost incurred by the city, etc).
-- Another option is to go to court and have them decide what the best course of action is. This can be tricky because, again it comes down to how many homeowners want an HOA (and it does not take a high number to sway the court usually). This can also be very expensive, court cost, attorney cost, time from work and family, ect. This is also to disband the HOA and the city still has right of the landscape easement appearance.
-- Another way is to have paperwork from the city to turn over the landscape care to each homeowner who owns a part of the landscape easement, for them to sign and then record it with the county against their deed. Then we will need 100% of 178 homeowners agree to disband (178 notarized statements of agreement). Even if we went this route and one homeowner does not take care of their piece of the park strip a tax lien can be levied against all 178 homeowners as previously stated.
-- Addison Larreau referred us to a Celeste Canning. He said she has a lot more experience with these cases because she has dealt with both city and the developers in establishing HOAs and working with them on legal matters. He thought she would have more knowledge and experience with our situation.
- Celeste Canning (801) 612-9299 / Dawn (Sectary)
- 2590 Washington Blvd. Suite 200
-- Called and left a message to call me back.
-- Returned our call. Set up an appointment for 6 May 2010 @ 3:15pm (The soonest they had open).
-- First 30 Min. free, then $175.00 an hour after that.
-------------------------------------------------------------------------------------
We have an appointment with Celeste Canning to discuss our HOA’s current situation. I will post more information to the blog and depending on what we have to do we will use those who sign up to help if anything needs to be distributed. Once you get this e-mail can you spread this information to your neighbors so they can be more aware and provide input. Also check with the HOA Blog for information, lexingtonhoaboard.blogspot.com Thanks for your patience and help and more to come as soon as we speak to Mrs. Canning.
Respectively,
Lexington Estates Board
Friday, April 23, 2010
More updates on the Lexington Estates HOA Disbandment
We had a very good informal HOA meeting with those neighbors that showed up. Thank you for your time. One of the things talked about was to try to save money on the landscaping. One our neighbors volunteered to spray a week killer in our landscape easement. Also if we could as a neighborhood look at this area and help pick it up and pull some weeds. This would save us money that we would have to pay to have done. So, if you are out and about on your afternoon/evening walk, go down our landscape easement and pick a few weeds. If we all pitch in, this area will look great.
We have contacted several attorneys to get info about our disbandment.
- Richard Jones (801) 479-4777 4605 S. Harrison (46th & Harrison) Ogden, Ut
-- He was in a meeting at the time of this call. Left a message for him to call back.
-- He called me the next day and I was out at the time. I returned his call and he was out, left another message that I would be home rest of the day and that he could call me back. Have not heard from him.
-- Finally got a hold of Richard Jones. This firm cannot represent us at this time. His partner works with Clinton City for legal stuff. They have been in contact with the Clinton city about our HOA. There for this would be a conflict of interest.
- Michael D. Murphy (801) 525-1754 in Kaysville
-- Does not deal too much in HOA’s, but gave me a referral to a Josh Yeates.
- Josh Yeates
-- Not sure where his office is located; phone number not in service.
- B&B (Justin C. Bond/Alison D. Bond) (801) 779-9230 2405 N. Hill Field Rd. Layton, Ut
-- Talked to Justin Bond and he told me to drop off our CC&R’s and they will look at them to understand what we have going on. Then meet with us to discuss our options. He would read over our CC&R’s at no cost.
-- Stopped by their office and dropped off copy of our CC&R’s. Alison Bond asked some general questions about our HOA. She will read over the CC&R’s and call us to discuss our options and costs.
-- Called and left a message for Alison. I set up an appointment for the 26th of April at 4pm to discuss our options. They will call back.
-- Alison Bond called back. She did some research and found out; to dissolve the CC&R’s and then the HOA we would need 178 homeowners to agree (100% votes to yes disband the HOA). Also the city would have to agree with the disbandment and its conditions of the disbandment concerning the landscape easement. When we reach this point she can help us disband.
- Bailey Steven R. in Ogden
-- Does not deal with HOA’s.
- J.D. Poorman (801) 621-4101 3856 Washington Blvd. Ogden, Ut
-- Waiting on a return phone call.
-- Called again and left a message for them to call me back.
- Le Baron & Jensen PC (801) 773-9488 476 W. Heritage Park Blvd. Layton, Ut
-- They wanted an apt. to read over our CC&R’s and then talk with us. Cost is $75.00 for this first visit.
- Burningham Brent M. (801) 547-9555 563 W. 500 S. Suite 240 Bountiful, Ut
-- He was in a meeting at the time of this call. Left a message for him to call back. Have not heard from him yet.
-- Called back next day. Talked with him about our HOA. He charges about $225.00 an hour. Thinking about $3000.00 to $6000.00 depending on what needs to be done. Thinking it should take about 6 weeks to have everything done, again depending on what needs to be done. He is willing to work at a fixed rate, again he would need to review our CC&R’s and meet with us to gain more information before he comes up with the fixed rate. Off the top of his head somewhere around $5000.00 depending on what needs to be accomplished.
- Chad McKay (801) 621-6021 2650 Washing Bluv. Ogden, Ut
-- Was not open at the time of this call, but left a message, waiting for a call back.
-- Called 3 times. Finally spoke to him and his basic charges are $65.00 for the first consult. Then charges $250.00 per hour after that.
- Addison Larreau (801) 771-7026 / Melissa (Sectary) (801) 622-5866
- Coggins, Larreau & Lythgue, PC 289 24th St. Suite 150 Ogden, Ut
-- Called and left a message to call me back.
-- Returned my call and I was at work. I called back and he was in with a client. Left a message to call me back.
-- Melissa called back (sectary to Addison). She said that we need to make an apt. and bring our CC&R’s with us. They would waive the $50.00 consult fee. She said that the attorney sets the fee rate. Depending on what needs to be done he goes by a flat rate or hourly. I e-mailed out CC&R’s to her, and she would give them to Addison to review. We are trying to find a time to meet with him to go over the info about disbanding and the cost to our HOA.
-- I called back and set an appointment on 27th of April at 11am, it was the soonest they had open.
- Paul H. Olds (801) 394-5526
- Farr, Kaufman, Sulliran, Jensen, Olds & Nichols LLC 205 26th St., Suite 34 Ogden, Ut-- Called and left a message to call me back.
-- He returned my call and I was at work. I call him back but no answer. Left a message to call me back.
-- Was out and will not be back until Monday, so I left a message to call me back.
-- They returned my call and I was at work. I called and no answer, so I left a message to call me back.
-- I called and he was out of the office. Left a message for him to call me back.
-- He called back and we talked. He would need to read our CC&R’s to give us better advice. He charges $200.00 an hour. $1500.00 retainer and about 7 hours of work/research into our HOA and CC&R’s, prep documents and give us council and advice.
-- He told me typically HOA’s have some kind of common area. It can range from something like ours to club house or park type stuff. Each homeowner has a vested interest in that common area. Weather the feel they do or not. No matter if it is something big or small.
-- Also he said that when a city works with a developer in the development of a neighborhood, the city had a vision of what they wanted for that area, and we should get with the City Planner/Commissioner to find out if the city would relinquish the rights to the landscape easement, and if so what is needed to do so.
-- Also he thinks we should contact at a minimum the 18 homeowners who have that property in question, to find out if they are willing to take on the responsibly of the upkeep. But typically to change the CC&R’s or dissolve an HOA you would need all homeowners vote to disband, if you cannot get 100% then you cannot disband. Again he would have to read our CC&R’s to know if this would apply to us.
-- He is willing to work/help us to disband or whatever we need to do.
-------------------------------------------------------------------------------------
After our meeting with Addison Larreau on the 27th of this month, we will hire an attorney and proceed with the disbandment of our HOA. I will post more information to the blog. Depending on what we have to do we will use those who sign up to help. Thanks for your help.
Once you get this e-mail can you spread this information to your neighbors so they can show up and get this information also.
Also check with the HOA Blog for information, lexingtonhoaboard.blogspot.com
Thanks for your patience and help.
Lexington Estates Board
We have contacted several attorneys to get info about our disbandment.
- Richard Jones (801) 479-4777 4605 S. Harrison (46th & Harrison) Ogden, Ut
-- He was in a meeting at the time of this call. Left a message for him to call back.
-- He called me the next day and I was out at the time. I returned his call and he was out, left another message that I would be home rest of the day and that he could call me back. Have not heard from him.
-- Finally got a hold of Richard Jones. This firm cannot represent us at this time. His partner works with Clinton City for legal stuff. They have been in contact with the Clinton city about our HOA. There for this would be a conflict of interest.
- Michael D. Murphy (801) 525-1754 in Kaysville
-- Does not deal too much in HOA’s, but gave me a referral to a Josh Yeates.
- Josh Yeates
-- Not sure where his office is located; phone number not in service.
- B&B (Justin C. Bond/Alison D. Bond) (801) 779-9230 2405 N. Hill Field Rd. Layton, Ut
-- Talked to Justin Bond and he told me to drop off our CC&R’s and they will look at them to understand what we have going on. Then meet with us to discuss our options. He would read over our CC&R’s at no cost.
-- Stopped by their office and dropped off copy of our CC&R’s. Alison Bond asked some general questions about our HOA. She will read over the CC&R’s and call us to discuss our options and costs.
-- Called and left a message for Alison. I set up an appointment for the 26th of April at 4pm to discuss our options. They will call back.
-- Alison Bond called back. She did some research and found out; to dissolve the CC&R’s and then the HOA we would need 178 homeowners to agree (100% votes to yes disband the HOA). Also the city would have to agree with the disbandment and its conditions of the disbandment concerning the landscape easement. When we reach this point she can help us disband.
- Bailey Steven R. in Ogden
-- Does not deal with HOA’s.
- J.D. Poorman (801) 621-4101 3856 Washington Blvd. Ogden, Ut
-- Waiting on a return phone call.
-- Called again and left a message for them to call me back.
- Le Baron & Jensen PC (801) 773-9488 476 W. Heritage Park Blvd. Layton, Ut
-- They wanted an apt. to read over our CC&R’s and then talk with us. Cost is $75.00 for this first visit.
- Burningham Brent M. (801) 547-9555 563 W. 500 S. Suite 240 Bountiful, Ut
-- He was in a meeting at the time of this call. Left a message for him to call back. Have not heard from him yet.
-- Called back next day. Talked with him about our HOA. He charges about $225.00 an hour. Thinking about $3000.00 to $6000.00 depending on what needs to be done. Thinking it should take about 6 weeks to have everything done, again depending on what needs to be done. He is willing to work at a fixed rate, again he would need to review our CC&R’s and meet with us to gain more information before he comes up with the fixed rate. Off the top of his head somewhere around $5000.00 depending on what needs to be accomplished.
- Chad McKay (801) 621-6021 2650 Washing Bluv. Ogden, Ut
-- Was not open at the time of this call, but left a message, waiting for a call back.
-- Called 3 times. Finally spoke to him and his basic charges are $65.00 for the first consult. Then charges $250.00 per hour after that.
- Addison Larreau (801) 771-7026 / Melissa (Sectary) (801) 622-5866
- Coggins, Larreau & Lythgue, PC 289 24th St. Suite 150 Ogden, Ut
-- Called and left a message to call me back.
-- Returned my call and I was at work. I called back and he was in with a client. Left a message to call me back.
-- Melissa called back (sectary to Addison). She said that we need to make an apt. and bring our CC&R’s with us. They would waive the $50.00 consult fee. She said that the attorney sets the fee rate. Depending on what needs to be done he goes by a flat rate or hourly. I e-mailed out CC&R’s to her, and she would give them to Addison to review. We are trying to find a time to meet with him to go over the info about disbanding and the cost to our HOA.
-- I called back and set an appointment on 27th of April at 11am, it was the soonest they had open.
- Paul H. Olds (801) 394-5526
- Farr, Kaufman, Sulliran, Jensen, Olds & Nichols LLC 205 26th St., Suite 34 Ogden, Ut-- Called and left a message to call me back.
-- He returned my call and I was at work. I call him back but no answer. Left a message to call me back.
-- Was out and will not be back until Monday, so I left a message to call me back.
-- They returned my call and I was at work. I called and no answer, so I left a message to call me back.
-- I called and he was out of the office. Left a message for him to call me back.
-- He called back and we talked. He would need to read our CC&R’s to give us better advice. He charges $200.00 an hour. $1500.00 retainer and about 7 hours of work/research into our HOA and CC&R’s, prep documents and give us council and advice.
-- He told me typically HOA’s have some kind of common area. It can range from something like ours to club house or park type stuff. Each homeowner has a vested interest in that common area. Weather the feel they do or not. No matter if it is something big or small.
-- Also he said that when a city works with a developer in the development of a neighborhood, the city had a vision of what they wanted for that area, and we should get with the City Planner/Commissioner to find out if the city would relinquish the rights to the landscape easement, and if so what is needed to do so.
-- Also he thinks we should contact at a minimum the 18 homeowners who have that property in question, to find out if they are willing to take on the responsibly of the upkeep. But typically to change the CC&R’s or dissolve an HOA you would need all homeowners vote to disband, if you cannot get 100% then you cannot disband. Again he would have to read our CC&R’s to know if this would apply to us.
-- He is willing to work/help us to disband or whatever we need to do.
-------------------------------------------------------------------------------------
After our meeting with Addison Larreau on the 27th of this month, we will hire an attorney and proceed with the disbandment of our HOA. I will post more information to the blog. Depending on what we have to do we will use those who sign up to help. Thanks for your help.
Once you get this e-mail can you spread this information to your neighbors so they can show up and get this information also.
Also check with the HOA Blog for information, lexingtonhoaboard.blogspot.com
Thanks for your patience and help.
Lexington Estates Board
Saturday, April 10, 2010
Update on the Lexington Estates HOA Disbandment
We have contacted several attorneys to get info about our disbandment.
- Richard Jones (801) 479-4777 4605 S. Harrison (46th & Harrison) Ogden, Ut
-- He was in a meeting at the time of this call. Left a message for him to call back.
-- He called me the next day and I was out at the time. I returned his call and he was out, left another message that I would be home rest of the day and that he could call me back. Have not heard from him.
-- Called 3rd time and left another message. Still have not heard back from him yet.
- Michael D. Murphy (801) 525-1754 in Kaysville
-- Does not deal too much in HOA’s, but gave me a referral to a Josh Yeates.
- Josh Yeates
-- Not sure where his office is located; phone number not in service.
- B&B (Justin C. Bond/Alison D. Bond) (801) 779-9230 2405 N. Hill Field Rd. Layton, Ut
-- Talked to Justin Bond and he told me to drop off our CC&R’s and they will look at them to understand what we have going on. Then meet with us to discuss our options. He would read over our CC&R’s at no cost.
-- Stopped by their office and dropped off copy of our CC&R’s. Alison Bond asked some general questions about our HOA. She will read over the CC&R’s and call us to discuss our options and costs.
- Bailey Steven R. in Ogden
-- Does not deal with HOA’s.
- J.D. Poorman (801) 621-4101 3856 Washington Blvd. Ogden, Ut
-- Waiting on a return phone call.
- Le Baron & Jensen PC (801) 773-9488 476 W. Heritage Park Blvd. Layton, Ut
-- They wanted an apt. to read over our CC&R’s and then talk with us. Cost is $75.00 for this first visit
- Burningham Brent M. (801) 547-9555 563 W. 500 S. Suite 240 Bountiful, Ut
-- He was in a meeting at the time of this call. Left a message for him to call back. Have not heard from him yet.
-- Called back next day. Talked with him about our HOA. He charges about $225.00 an hour. Thinking about $3000.00 to $6000.00 depending on what needs to be done. Thinking it should take about 6 weeks to have everything done, again depending on what needs to be done. He is willing to work at a fixed rate, again he would need to review our CC&R’s and meet with us to gain more information before he comes up with the fixed rate. Off the top of his head somewhere around $5000.00 depending on what needs to be accomplished.
- Chad McKay (801) 621-6021 2650 Washing Bluv. Ogden, Ut
-- Was not open at the time of this call, but left a message, waiting for a call back.
-- Called 3 times. Finally spoke to him and his basic charges are $65.00 for the first consult. Then charges $250.00 per hour after that.
- Addison Larreau (801) 771-7026
- Coggins, Larreau & Lythgue, PC 289 24th St. Suite 150 Ogden, Ut
-- Called and left a message to call me back.
- Paul H. Olds (801) 394-5526
- Farr, Kaufman, Sulliran, Jensen, Olds & Nichols LLC 205 26th St., Suite 34 Ogden, Ut
-- Was out and will not be back until Monday, so I left a message to call me back.
-------------------------------------------------------------------------------------------------
We are calling several more attorneys in our area while we wait for some call backs from the ones we have called already. We are also following up on information given to us from friends and co-workers about attorneys who do this work.
Due to some concerns of the neighborhood about cost. We are waiting to hear from some more attorneys to get their cost and time frame to complete the disbandment of our HOA. We would like to hold a HOA meeting with the neiborhood to discuss the options we have and then proceed to a full disbandment. To give everyone time to make some arrangements with their schedules, we would like to meet on the 22 April 2010, at the park behind the West Clinton Elementary School at 7pm. There is a bowery there and a play ground if needed. If the bowery is being used we will just meet next to the parking lot by the park. This should not take too much time to present the information. Then we can contact an attorney and move forward with this disbandment.
Thanks for your patience and help.
Lexington Estates Board
- Richard Jones (801) 479-4777 4605 S. Harrison (46th & Harrison) Ogden, Ut
-- He was in a meeting at the time of this call. Left a message for him to call back.
-- He called me the next day and I was out at the time. I returned his call and he was out, left another message that I would be home rest of the day and that he could call me back. Have not heard from him.
-- Called 3rd time and left another message. Still have not heard back from him yet.
- Michael D. Murphy (801) 525-1754 in Kaysville
-- Does not deal too much in HOA’s, but gave me a referral to a Josh Yeates.
- Josh Yeates
-- Not sure where his office is located; phone number not in service.
- B&B (Justin C. Bond/Alison D. Bond) (801) 779-9230 2405 N. Hill Field Rd. Layton, Ut
-- Talked to Justin Bond and he told me to drop off our CC&R’s and they will look at them to understand what we have going on. Then meet with us to discuss our options. He would read over our CC&R’s at no cost.
-- Stopped by their office and dropped off copy of our CC&R’s. Alison Bond asked some general questions about our HOA. She will read over the CC&R’s and call us to discuss our options and costs.
- Bailey Steven R. in Ogden
-- Does not deal with HOA’s.
- J.D. Poorman (801) 621-4101 3856 Washington Blvd. Ogden, Ut
-- Waiting on a return phone call.
- Le Baron & Jensen PC (801) 773-9488 476 W. Heritage Park Blvd. Layton, Ut
-- They wanted an apt. to read over our CC&R’s and then talk with us. Cost is $75.00 for this first visit
- Burningham Brent M. (801) 547-9555 563 W. 500 S. Suite 240 Bountiful, Ut
-- He was in a meeting at the time of this call. Left a message for him to call back. Have not heard from him yet.
-- Called back next day. Talked with him about our HOA. He charges about $225.00 an hour. Thinking about $3000.00 to $6000.00 depending on what needs to be done. Thinking it should take about 6 weeks to have everything done, again depending on what needs to be done. He is willing to work at a fixed rate, again he would need to review our CC&R’s and meet with us to gain more information before he comes up with the fixed rate. Off the top of his head somewhere around $5000.00 depending on what needs to be accomplished.
- Chad McKay (801) 621-6021 2650 Washing Bluv. Ogden, Ut
-- Was not open at the time of this call, but left a message, waiting for a call back.
-- Called 3 times. Finally spoke to him and his basic charges are $65.00 for the first consult. Then charges $250.00 per hour after that.
- Addison Larreau (801) 771-7026
- Coggins, Larreau & Lythgue, PC 289 24th St. Suite 150 Ogden, Ut
-- Called and left a message to call me back.
- Paul H. Olds (801) 394-5526
- Farr, Kaufman, Sulliran, Jensen, Olds & Nichols LLC 205 26th St., Suite 34 Ogden, Ut
-- Was out and will not be back until Monday, so I left a message to call me back.
-------------------------------------------------------------------------------------------------
We are calling several more attorneys in our area while we wait for some call backs from the ones we have called already. We are also following up on information given to us from friends and co-workers about attorneys who do this work.
Due to some concerns of the neighborhood about cost. We are waiting to hear from some more attorneys to get their cost and time frame to complete the disbandment of our HOA. We would like to hold a HOA meeting with the neiborhood to discuss the options we have and then proceed to a full disbandment. To give everyone time to make some arrangements with their schedules, we would like to meet on the 22 April 2010, at the park behind the West Clinton Elementary School at 7pm. There is a bowery there and a play ground if needed. If the bowery is being used we will just meet next to the parking lot by the park. This should not take too much time to present the information. Then we can contact an attorney and move forward with this disbandment.
Thanks for your patience and help.
Lexington Estates Board
Friday, March 26, 2010
Special HOA Meeting 24 March 2010
- Edward Takacs attended the Clinton City Council meeting on 23 Feb. 2010. To find out the position of the city council about disbanding the HOA.
- Edward Takacs and Mike Scales meet with Mr. Lynn E. Vinzant. He is the Assistant City Manager / Community Development Director for Clinton City. If anyone wants to contact him for more information. His contact information is Clinton City Corp. 2267 North 1500 West Clinton, Utah 84015. www.clintoncity.net Phone (801) 614-0740 Fax (801) 614-0752 Cell (801) 710-6366. Or you can reach him by e-mail: lvinzant@clintoncity.com.
Lexington Estates HOA Special HOA meeting Clinton Elementary School 25 March 2010@7pm
- 38 Homeowners present.
-Edward Takacs presented the information that was gained from both meetings mentioned above and read the following to those that were present.
I. History
A. This HOA was created by Ivory, and each homeowner signed a paper upon buying their house, stating that there was an HOA.
B. Ivory recorded this HOA and its CC&R’s.
C. Granted Ivory did not run this HOA, matter of fact they forgot about it, due to their internal problems.
D. But they did meet the requirements of the Clinton city and turned it over.
E. We now have this mess that was created by Ivory/Clinton city.
F. This HOA has been a mess, you can blame it on whatever you want, but those that are original homeowners did sign a paper that there was a HOA.
G. Those 2nd and 3rd owners, I am sorry you did not get the right information when buying your house, but that is something you need to take up with your Title Company and or previous owner.
H. We have 3 basic options that we will present to you. The board members have been in contact with Clinton City Council to ask if there is a possibility of disbandment. The board has a lot of information for the homeowners on these issues and for the homeowners to make an informative decision on these issues.
II. (1)-Maintaining the HOA.
A. Pro’s
1. Maintenance of the landscape easement is taken care of.
2. Some control of how the neighborhood looks.
3. Relatively low fees for maintaining HOA.
4. Having people run a board.
B. Con’s
1. Having an HOA.
2. Having fees.
3. Getting people to run the board.
a. Getting people to show for the meeting.
4. Having someone tell you to upkeep your yard.
a. Don’t forget the city has its own rules that you need to keep.
III. (2)-Disbanding the HOA.
A. Pro’s
1. Not having an HOA.
2. Following Clinton City ordinances.
B. Con’s
1. Time of homeowners/board to do this.
2. Cost of disbanding the HOA.
a. Need to hire a lawyer to make sure all is legal.
- Not sure of cost.
b. Creating a package to be recorded with City and or County.
- About $10.00 per page.
c. Requiring 178 homeowner’s signatures.
- Hopefully can do this as a list of all signatures. Then the board can sign a single sheet of disbandment.
- About $10.00 per page to be recorded.
- If not then we need 178 separate pages with proper signatures with notary.
- About $10.00 per page to be recorded.
d. Requires a notary.
- Not sure of cost.
e. Getting with City and County to insure all is legal.
- Time from homeowners/board to get with City and County.
- Changing plats if need be.
- Not sure of cost.
f. Getting 18 homeowners to agree to take on the reasonability of the upkeep of their portion of the landscape easement.
- 18 signed and notarized documents.
- About $10.00 per page to be recorded.
- Drafting up 18 documents to be recorded against the 18 homeowner’s title that live along 1800.
- Not sure of cost to write this up.
- About $10.00 per page to be recorded.
g. Getting 178 homeowners to pay their portion of this bill.
IV. (3)-Being a non-functioning HOA
A. Pro’s
1. No fees being collected.
2. Everybody does what they want.
3. Following Clinton City ordinances.
B. Con’s
1. No HOA taking care of landscape easement.
2. Following Clinton City ordinances.
a. If any portion of landscape easement not taken care of.
- Clinton city will place a sign on that portion giving about 30 days for the Lexington Estates HOA to fix.
- Clinton city will place a public notice in newspaper for the Lexington Estates HOA to fix.
- About $200.00; to be shared between 178 homeowners.
b. If the portion of landscape easement is not fixed.
- Clinton city will come in and fix it.
- Not sure what the cost will be.
- The cost will be shared between 178 homeowners.
c. Clinton city will then file a nuisance tax lien against each homeowner (178) in the HOA.
- Coat to file a nuisance tax lean is $170.00 per lot.
3. Which means in cost to each homeowner;
a. Portion of $200.00.
b. Portion of fixing landscape easement.
c. $170.00 for filing nuisance tax lean.
4. Something to think about.
a. If this happens and a week or month later another part of the landscape easement is not taken care of, this process starts all over again.
b. This means another tax lien against each one of us.
V. Questions and Answers Time.
- Thanks to one of the homeowners who volunteered to take the meeting notes, and then volunteered to type them up and e-mail them to me. Thank-you again.
- When I receive them I will post them.
- There were not enough homeowners present to place this to a vote.
-- Homeowners were asked to come back again between 6:30-8pm to the Clinton Elementary School parking lot to place a vote
- Meeting was adjourned about 7:45pm.
Lexington Estates HOA Special HOA meeting Clinton Elementary School 25 March 2010.
- Voting options are: (1) Maintaining the HOA. (2) Disbanding the HOA. (3) Being a Non-functioning HOA.
- 44 homeowners showed up to place a vote.
-- Total Votes for (1) is 12
-- Total Votes for (2) is 31
-- Total Votes for (3) is 1
- With this vote, the HOA Board will contact a lawyer to gather the information needed to disband the HOA. We will also try to find out the cost. This information will then be brought before the homeowners before we proceed further.
-Thank you for your support and coming out to the meeting and the voting.
- The Lexinton Estates HOA Board
- Edward Takacs and Mike Scales meet with Mr. Lynn E. Vinzant. He is the Assistant City Manager / Community Development Director for Clinton City. If anyone wants to contact him for more information. His contact information is Clinton City Corp. 2267 North 1500 West Clinton, Utah 84015. www.clintoncity.net Phone (801) 614-0740 Fax (801) 614-0752 Cell (801) 710-6366. Or you can reach him by e-mail: lvinzant@clintoncity.com.
Lexington Estates HOA Special HOA meeting Clinton Elementary School 25 March 2010@7pm
- 38 Homeowners present.
-Edward Takacs presented the information that was gained from both meetings mentioned above and read the following to those that were present.
I. History
A. This HOA was created by Ivory, and each homeowner signed a paper upon buying their house, stating that there was an HOA.
B. Ivory recorded this HOA and its CC&R’s.
C. Granted Ivory did not run this HOA, matter of fact they forgot about it, due to their internal problems.
D. But they did meet the requirements of the Clinton city and turned it over.
E. We now have this mess that was created by Ivory/Clinton city.
F. This HOA has been a mess, you can blame it on whatever you want, but those that are original homeowners did sign a paper that there was a HOA.
G. Those 2nd and 3rd owners, I am sorry you did not get the right information when buying your house, but that is something you need to take up with your Title Company and or previous owner.
H. We have 3 basic options that we will present to you. The board members have been in contact with Clinton City Council to ask if there is a possibility of disbandment. The board has a lot of information for the homeowners on these issues and for the homeowners to make an informative decision on these issues.
II. (1)-Maintaining the HOA.
A. Pro’s
1. Maintenance of the landscape easement is taken care of.
2. Some control of how the neighborhood looks.
3. Relatively low fees for maintaining HOA.
4. Having people run a board.
B. Con’s
1. Having an HOA.
2. Having fees.
3. Getting people to run the board.
a. Getting people to show for the meeting.
4. Having someone tell you to upkeep your yard.
a. Don’t forget the city has its own rules that you need to keep.
III. (2)-Disbanding the HOA.
A. Pro’s
1. Not having an HOA.
2. Following Clinton City ordinances.
B. Con’s
1. Time of homeowners/board to do this.
2. Cost of disbanding the HOA.
a. Need to hire a lawyer to make sure all is legal.
- Not sure of cost.
b. Creating a package to be recorded with City and or County.
- About $10.00 per page.
c. Requiring 178 homeowner’s signatures.
- Hopefully can do this as a list of all signatures. Then the board can sign a single sheet of disbandment.
- About $10.00 per page to be recorded.
- If not then we need 178 separate pages with proper signatures with notary.
- About $10.00 per page to be recorded.
d. Requires a notary.
- Not sure of cost.
e. Getting with City and County to insure all is legal.
- Time from homeowners/board to get with City and County.
- Changing plats if need be.
- Not sure of cost.
f. Getting 18 homeowners to agree to take on the reasonability of the upkeep of their portion of the landscape easement.
- 18 signed and notarized documents.
- About $10.00 per page to be recorded.
- Drafting up 18 documents to be recorded against the 18 homeowner’s title that live along 1800.
- Not sure of cost to write this up.
- About $10.00 per page to be recorded.
g. Getting 178 homeowners to pay their portion of this bill.
IV. (3)-Being a non-functioning HOA
A. Pro’s
1. No fees being collected.
2. Everybody does what they want.
3. Following Clinton City ordinances.
B. Con’s
1. No HOA taking care of landscape easement.
2. Following Clinton City ordinances.
a. If any portion of landscape easement not taken care of.
- Clinton city will place a sign on that portion giving about 30 days for the Lexington Estates HOA to fix.
- Clinton city will place a public notice in newspaper for the Lexington Estates HOA to fix.
- About $200.00; to be shared between 178 homeowners.
b. If the portion of landscape easement is not fixed.
- Clinton city will come in and fix it.
- Not sure what the cost will be.
- The cost will be shared between 178 homeowners.
c. Clinton city will then file a nuisance tax lien against each homeowner (178) in the HOA.
- Coat to file a nuisance tax lean is $170.00 per lot.
3. Which means in cost to each homeowner;
a. Portion of $200.00.
b. Portion of fixing landscape easement.
c. $170.00 for filing nuisance tax lean.
4. Something to think about.
a. If this happens and a week or month later another part of the landscape easement is not taken care of, this process starts all over again.
b. This means another tax lien against each one of us.
V. Questions and Answers Time.
- Thanks to one of the homeowners who volunteered to take the meeting notes, and then volunteered to type them up and e-mail them to me. Thank-you again.
- When I receive them I will post them.
- There were not enough homeowners present to place this to a vote.
-- Homeowners were asked to come back again between 6:30-8pm to the Clinton Elementary School parking lot to place a vote
- Meeting was adjourned about 7:45pm.
Lexington Estates HOA Special HOA meeting Clinton Elementary School 25 March 2010.
- Voting options are: (1) Maintaining the HOA. (2) Disbanding the HOA. (3) Being a Non-functioning HOA.
- 44 homeowners showed up to place a vote.
-- Total Votes for (1) is 12
-- Total Votes for (2) is 31
-- Total Votes for (3) is 1
- With this vote, the HOA Board will contact a lawyer to gather the information needed to disband the HOA. We will also try to find out the cost. This information will then be brought before the homeowners before we proceed further.
-Thank you for your support and coming out to the meeting and the voting.
- The Lexinton Estates HOA Board
Tuesday, March 23, 2010
HOA BOARD MEETING
17 Mar. 2010 @ 7:10pm
Those in Attendance: Board Members: Edward Takacs, Mike Scales, Jeremy Fong,
Natalie Adams (Excused); Homeowners: Joe Mockaitis
Review Minutes & Assignments: 10 Feb. 2010 minutes. Approved by board.
Management:
- Still looking for bids.
- Current Management Co. is leaving.
Budget:
- Waiting for statement from management co. around the 20th of this month.
Water:
- Contacting some companies to reduce the waterline fitting sizes.
- Homeowner Joe Mockaitis knows someone who does this kind of work and will get them to call us for a bid.
-- Can we get rid of the waterlines all together and plumb them to each of the homeowner’s properties. We are looking into this with the city and to make sure this is something to do.
HOA Meeting on the 24 March 2010:
- Will be held at Clinton Elementary School @ 7pm.
- Will discuss 3 main issues 1. Maintaining the HOA. 2. Disbanding the HOA. 3. Non-functioning HOA.
- Letters were sent out to all the homeowner about meeting.
- Will try to get signs out along 1300 to remind people about the HOA meeting.
- A Posting went out on the blog about the HOA meeting.
- Putting together the info to be presented to the neighborhood for the meeting.
- Discussion about the HOA meeting with homeowner.
Next HOA Board Meeting: To be announced.
ASSIGNMENTS:
- Joe Mockaitis will get a hold of his neighbor to get the info.
Review of notes: All Board members agreed.
CLOSED: 9:10 pm
Those in Attendance: Board Members: Edward Takacs, Mike Scales, Jeremy Fong,
Natalie Adams (Excused); Homeowners: Joe Mockaitis
Review Minutes & Assignments: 10 Feb. 2010 minutes. Approved by board.
Management:
- Still looking for bids.
- Current Management Co. is leaving.
Budget:
- Waiting for statement from management co. around the 20th of this month.
Water:
- Contacting some companies to reduce the waterline fitting sizes.
- Homeowner Joe Mockaitis knows someone who does this kind of work and will get them to call us for a bid.
-- Can we get rid of the waterlines all together and plumb them to each of the homeowner’s properties. We are looking into this with the city and to make sure this is something to do.
HOA Meeting on the 24 March 2010:
- Will be held at Clinton Elementary School @ 7pm.
- Will discuss 3 main issues 1. Maintaining the HOA. 2. Disbanding the HOA. 3. Non-functioning HOA.
- Letters were sent out to all the homeowner about meeting.
- Will try to get signs out along 1300 to remind people about the HOA meeting.
- A Posting went out on the blog about the HOA meeting.
- Putting together the info to be presented to the neighborhood for the meeting.
- Discussion about the HOA meeting with homeowner.
Next HOA Board Meeting: To be announced.
ASSIGNMENTS:
- Joe Mockaitis will get a hold of his neighbor to get the info.
Review of notes: All Board members agreed.
CLOSED: 9:10 pm
Thursday, March 11, 2010
IMPORTANT Special HOA meeting
Dear Lexington Estates Homeowner,
You are being asked to attend an IMPORTANT Special HOA meeting, on 24 March 2010, at West Clinton Elementary School at 7pm. We will be discussing many IMPORTANT issues. 1. Maintaining the HOA, with pro’s and con’s. 2. Disbanding the HOA, with pro’s and con’s. 3. Being a non-functioning HOA, with pro’s and con’s. The board members have been in contact with Clinton City Council to ask if there is a possibility of disbandment. The board has a lot of information for the homeowners on these issues. You need to be at this meeting to listen, and to make an informative decision on these issues.
Thank-you for your time
Lexington Estates Board
You are being asked to attend an IMPORTANT Special HOA meeting, on 24 March 2010, at West Clinton Elementary School at 7pm. We will be discussing many IMPORTANT issues. 1. Maintaining the HOA, with pro’s and con’s. 2. Disbanding the HOA, with pro’s and con’s. 3. Being a non-functioning HOA, with pro’s and con’s. The board members have been in contact with Clinton City Council to ask if there is a possibility of disbandment. The board has a lot of information for the homeowners on these issues. You need to be at this meeting to listen, and to make an informative decision on these issues.
Thank-you for your time
Lexington Estates Board
Tuesday, February 16, 2010
Resignation
I, Jennifer Dicou, have formally stepped down as Lexington Estates HOA President. My health, family, church obligations and work have suffered over the past 10 months due to all of the time, stress and worry I have given to the HOA. I have worked with some wonderful board members and I trust them to continue working hard for our community. I appreciate all of the great members of our community that have stopped me in the neighborhood, at meetings or at church to let me know that they support what the Board is doing and feel we have and are doing the right things for our neighborhood.
Friday, February 12, 2010
This Blog
This blog is our public notice forum. We publish announcements for meetings, minutes for our meetings and important information.
Recently, comments have been made which are not conducive to our purpose in having this site. Questions or comments posted in the comments section of this blog will not be answered on the blog or by email. The Board of Directors holds public meetings where your questions can be asked and we can answer them publicly. All homeowners are welcome to attend the meetings and we wish more would attend to add their thoughts and concerns.
Recently, comments have been made which are not conducive to our purpose in having this site. Questions or comments posted in the comments section of this blog will not be answered on the blog or by email. The Board of Directors holds public meetings where your questions can be asked and we can answer them publicly. All homeowners are welcome to attend the meetings and we wish more would attend to add their thoughts and concerns.
Budget and Expense Report
You can find the budget and expense reports at these links:
https://docs.google.com/fileview?id=0B2x3lrijEIVVZTE3YjY0YmItMzllNS00ZmFmLTkwMzktZjNhODg2OThhYzhj&hl=en
https://docs.google.com/fileview?id=0B2x3lrijEIVVNzg3MjE4YzAtNDZjZC00NDMxLTkzYWItYjc5MmI0Y2VjNzUy&hl=en
https://docs.google.com/fileview?id=0B2x3lrijEIVVZTE3YjY0YmItMzllNS00ZmFmLTkwMzktZjNhODg2OThhYzhj&hl=en
https://docs.google.com/fileview?id=0B2x3lrijEIVVNzg3MjE4YzAtNDZjZC00NDMxLTkzYWItYjc5MmI0Y2VjNzUy&hl=en
Thursday, February 11, 2010
HOA BOARD MEETING
10 Feb. 2010 @ 7:00pm
Those in Attendance: Board Members: Jen Dicou, Edward Takacs, Mike Scales, Jeremy Fong, Natalie Adams (Excused); Homeowners: None
Review Minutes & Assignments: 2 Dec. 09 minutes. Approved by board.
Management:
- Reviewed Froerer Management Inc. statement:
-- Had some questions that we need answered about the statement. Will get with Froerer for the answers.
Budget:
- Budget vote:
-- Votes were taken from those homeowners who signed the Lexington Estates HOA Budget Voting sheet and those homeowners who sent in a Lexington Estates HOA Proxy Ballot. One vote per homeowner. All votes were checked with our management company (Froerer Real Estate, Inc.) to ensure those homeowners were current with their dues by 24 Jan. 2010.
-- There were 13 votes to the yes, 11 votes to the no, and 7 votes were not counted due to not current with dues.
-- Budget is approved by majority vote of those homeowners who voted.
-- Budget will be posted to the blog.
- Balance statements:
-- Income - $7258.00; Expense - $926.00; Other - $75.00;
Total Balance - $6257.00
Nominating Committee:
- Mr. Vince Atkins e-mailed the board that he would be interested in being on the committee, but could not attend the board meeting.
- Still looking for more homeowners to be part of the committee.
Water:
- Trying to get quotes on changing the water line to a smaller fitting.
Next HOA Board Meeting: 17 March 2010 @ 7pm; Edward Takacs Home.
ASSIGNMENTS:
- Mike Scales and Jen Dicou will contact Froerer for explanation of the statement.
Review of notes: All Board members agreed.
CLOSED: 7:55 pm
Those in Attendance: Board Members: Jen Dicou, Edward Takacs, Mike Scales, Jeremy Fong, Natalie Adams (Excused); Homeowners: None
Review Minutes & Assignments: 2 Dec. 09 minutes. Approved by board.
Management:
- Reviewed Froerer Management Inc. statement:
-- Had some questions that we need answered about the statement. Will get with Froerer for the answers.
Budget:
- Budget vote:
-- Votes were taken from those homeowners who signed the Lexington Estates HOA Budget Voting sheet and those homeowners who sent in a Lexington Estates HOA Proxy Ballot. One vote per homeowner. All votes were checked with our management company (Froerer Real Estate, Inc.) to ensure those homeowners were current with their dues by 24 Jan. 2010.
-- There were 13 votes to the yes, 11 votes to the no, and 7 votes were not counted due to not current with dues.
-- Budget is approved by majority vote of those homeowners who voted.
-- Budget will be posted to the blog.
- Balance statements:
-- Income - $7258.00; Expense - $926.00; Other - $75.00;
Total Balance - $6257.00
Nominating Committee:
- Mr. Vince Atkins e-mailed the board that he would be interested in being on the committee, but could not attend the board meeting.
- Still looking for more homeowners to be part of the committee.
Water:
- Trying to get quotes on changing the water line to a smaller fitting.
Next HOA Board Meeting: 17 March 2010 @ 7pm; Edward Takacs Home.
ASSIGNMENTS:
- Mike Scales and Jen Dicou will contact Froerer for explanation of the statement.
Review of notes: All Board members agreed.
CLOSED: 7:55 pm
More members please
We are still looking for more members of the community to be part of the Nominating Committee.
Duties of the Nominating Committee will involve contacting and seeking out individuals that are interested in becoming members of the HOA Board of Directors. The committee needs at least 2 more members. Please email us at lexingtonhoaboard@gmail.com if you are interested.
As soon as the Nominating Committee has been formed, we will post their information. Then you may contact them directly if you are interested in becoming a member of the Board of Directors.
Individuals may also request to be nominated to be a board member by sending a petition to the Secretary signed by ten (10) or more unit owners and signed by the nominee named. You may direct these to Ed Takacs, HOA Secretary, 2451 W 1340 N, Clinton, UT 84015.
Members of the Nominating Committee will recommend one nominee for each position on the Board that needs to be filled.
Please volunteer to help on this committee, this is a short term commitment that we really need your help with. Members of this committee will not become members of the Board of Directors, but will help find individuals that are interesting in becoming long-term members of the Board. Thank you.
Duties of the Nominating Committee will involve contacting and seeking out individuals that are interested in becoming members of the HOA Board of Directors. The committee needs at least 2 more members. Please email us at lexingtonhoaboard@gmail.com if you are interested.
As soon as the Nominating Committee has been formed, we will post their information. Then you may contact them directly if you are interested in becoming a member of the Board of Directors.
Individuals may also request to be nominated to be a board member by sending a petition to the Secretary signed by ten (10) or more unit owners and signed by the nominee named. You may direct these to Ed Takacs, HOA Secretary, 2451 W 1340 N, Clinton, UT 84015.
Members of the Nominating Committee will recommend one nominee for each position on the Board that needs to be filled.
Please volunteer to help on this committee, this is a short term commitment that we really need your help with. Members of this committee will not become members of the Board of Directors, but will help find individuals that are interesting in becoming long-term members of the Board. Thank you.
Wednesday, February 10, 2010
Tonight's agenda
Tonight's agenda contains the following items, but is not limited to:
Nominating Committee
Budget
Please remember that we'd like to know if you are planning on attending so we can prepare for you. Please email us at lexingtonhoaboard@gmail.com if you plan to attend. Thank you!
Nominating Committee
Budget
Please remember that we'd like to know if you are planning on attending so we can prepare for you. Please email us at lexingtonhoaboard@gmail.com if you plan to attend. Thank you!
Thursday, February 4, 2010
Nominating Committee
Next week Wednesday, February 10, 2010, the Board will be meeting. We have asked for individuals that are interested in being on the Nominating Committee to attend this meeting (if you are unable to attend but are interested, please email us with your intent at lexingtonhoaboard@gmail.com).
Duties of the Nominating Committee will involve contacting and seeking out individuals that are interested in becoming members of the Board of Directors. The committee needs at least 3 members.
As soon as the Nominating Committee has been formed, we will post their information. Then you may contact them directly if you are interested in becoming a member of the Board of Directors.
Individuals may also request to be nominated by sending a petition to the Secretary signed by ten (10) or more unit owners and signed by the nominee named. You may direct these to Ed Takacs, HOA Secretary, 2451 W 1340 N, Clinton, UT 84015.
Members of the Nominating Committee will recommend one nominee for each position on the Board that needs to be filled.
Please volunteer to help on this committee, this is a short term commitment that we really need your help with. Members of this committee will not become members of the Board of Directors, but will help find individuals that are interesting in becoming long-term members of the Board. Thank you.
Duties of the Nominating Committee will involve contacting and seeking out individuals that are interested in becoming members of the Board of Directors. The committee needs at least 3 members.
As soon as the Nominating Committee has been formed, we will post their information. Then you may contact them directly if you are interested in becoming a member of the Board of Directors.
Individuals may also request to be nominated by sending a petition to the Secretary signed by ten (10) or more unit owners and signed by the nominee named. You may direct these to Ed Takacs, HOA Secretary, 2451 W 1340 N, Clinton, UT 84015.
Members of the Nominating Committee will recommend one nominee for each position on the Board that needs to be filled.
Please volunteer to help on this committee, this is a short term commitment that we really need your help with. Members of this committee will not become members of the Board of Directors, but will help find individuals that are interesting in becoming long-term members of the Board. Thank you.
Next HOA Meeting
Just a reminder that the next HOA Board Meeting is Wednesday, February 10, 2010 at Jen Dicou's home. We'd love to have a count if you are planning to attend, could you send us a quick email with your intent to attend - lexingtonhoaboard@gmail.com.
Thanks.
Thanks.
Friday, January 29, 2010
Lexington Estates HOA Budget Vote Results
Here are the results of the 2010 Budget vote. We have 13 Yes votes and 11 No votes. I waited this long to post this info to make sure there was plenty of time to get all votes from the mail system. Thanks for those who voted.
Secretary Ed Takacs
Secretary Ed Takacs
Saturday, January 16, 2010
LEXINGTON ESTATES HOA SPECIAL BUDGET MEETING
LEXINGTON ESTATES HOA
SPECIAL BUDGET MEETING
13 January 2010 @ 7:00pm, Clearfield Library
Those in Attendance: 25 Homeowners represented by one or more people, including board members.
Before start of meeting:
- HOA budget avaible for anyone who wanted one.
-- Budget Year 2010
- Sign in sheet for the purpose role taking.
Presiding and Conducting: President Jen Dicou
Called meeting to order at 7:03pm.
-Thanked everyone for coming out to the meeting, and restated the reason for this meeting (Due to not enough homeowners being present at last night’s meeting).
-Outburst by 2 homeowners.
-Jen Dicou stated that this meeting is about the 2010 budget, and then to place the budget to a vote.
-Homeowner asked why the budget vote now, when the payment due date was the 10 January 2010?
-- Answer was given using the CC&R’s.
-Homeowner had question about the HOA Insurance. (Not sure of the nature of it, due to several outbursts from the group.)
-- Questions were answered, due to the calendar year and fiscal year.
-Homeowners were starting to get out of hand.
-Meeting brought back to some kind of order.
-Homeowner asked if this budget will cover the year of 2010, and was the money collected in 2009 was expended?
-- This budget will cover January 1 through 31 December 2010.
-- The funds from 2009 were completely expended.
-Again the 2010 budget presented tonight is for 2010.
-Jen Dicou turned the floor over to Mike Scales, Treasurer.
-- Read the budget to homeowners present.
-Homeowner asked what the management does.
-- Our management company does what other HOA management companies do. They work with our landscape maintenance crew, assist in audit/tax prep, collection and disbursement of funds, enforcement of CC&R’s and working with and answering many question of homeowners.
-- We are using the lowest level of service provide by Froerer.
-Homeowner asked why we don’t manage ourselves.
-- According to our CC&R’s, it states we have to have a management company.
-Homeowner statement about the HOA and Ivory. Not sure where he was going with it and it was hard to follow due to many other comments at the same time.
-Homeowner asked if the water lines in the common area were tied to homeowner’s yards.
-- No they are not.
-Homeowner asked if our management co. lets us know how many times they patrol our neighborhood, and what the results were.
-- Yes, Froerer gives us a report.
-Homeowner asked if the Clinton city agrees with the water and electric to our common area.
-- We have a letter from Clinton city, which states they are good with current situation.
-Homeowner asked why so much for water?
-- Because we have four 2 inch water lines.
-- We have a water committee looking into changing that to bring down the bill.
-Homeowner asked why they were paying twice. Because their mortgage company was sending their dues to Ivory.
-- We don’t know why and not sure if that money is really going to Ivory. We asked them to contact their mortgage company to find out for sure. If they are we can put them in contact with Ivory to work out the problem.
-Homeowner asked if the late fees come to the HOA.
-- Yes.
-Homeowner asked why a $9.00 a month vs. $84.00 a year?
-- It takes more money to run a month to month payment.
-Homeowner asked if they could see the Insurance policy.
-- Yes, the HOA has a copy to sign out to homeowners.
-Homeowner asked if they have a say in what happen in the HOA.
-- Yes, Please come to the board meeting.
-2010 budget motioned to be place to a vote by Edward Takacs.
-Motion 2nd by Natalie Adams.
-A quick show of hands of the vote was done.
-Then all present were asked to come forward to sign a voting sheet and place a vote yes or no for the 2010 budget.
-Homeowners left after the vote, and some stayed to talk and ask question on a one on one basis.
-Everyone was asked to leave due to the room at the library closed at 8:30pm.
Closed meeting at 8:30pm.
Room straitened up and turned back over to the library, with thanks for letting us use it.
Comment from Ed Takacs Secretary:
I would like to apologize to all those who read this. Do to the speed and stepping over each other’s comments that were presented, I could not fully capture all the feelings and comments of those present.
SPECIAL BUDGET MEETING
13 January 2010 @ 7:00pm, Clearfield Library
Those in Attendance: 25 Homeowners represented by one or more people, including board members.
Before start of meeting:
- HOA budget avaible for anyone who wanted one.
-- Budget Year 2010
- Sign in sheet for the purpose role taking.
Presiding and Conducting: President Jen Dicou
Called meeting to order at 7:03pm.
-Thanked everyone for coming out to the meeting, and restated the reason for this meeting (Due to not enough homeowners being present at last night’s meeting).
-Outburst by 2 homeowners.
-Jen Dicou stated that this meeting is about the 2010 budget, and then to place the budget to a vote.
-Homeowner asked why the budget vote now, when the payment due date was the 10 January 2010?
-- Answer was given using the CC&R’s.
-Homeowner had question about the HOA Insurance. (Not sure of the nature of it, due to several outbursts from the group.)
-- Questions were answered, due to the calendar year and fiscal year.
-Homeowners were starting to get out of hand.
-Meeting brought back to some kind of order.
-Homeowner asked if this budget will cover the year of 2010, and was the money collected in 2009 was expended?
-- This budget will cover January 1 through 31 December 2010.
-- The funds from 2009 were completely expended.
-Again the 2010 budget presented tonight is for 2010.
-Jen Dicou turned the floor over to Mike Scales, Treasurer.
-- Read the budget to homeowners present.
-Homeowner asked what the management does.
-- Our management company does what other HOA management companies do. They work with our landscape maintenance crew, assist in audit/tax prep, collection and disbursement of funds, enforcement of CC&R’s and working with and answering many question of homeowners.
-- We are using the lowest level of service provide by Froerer.
-Homeowner asked why we don’t manage ourselves.
-- According to our CC&R’s, it states we have to have a management company.
-Homeowner statement about the HOA and Ivory. Not sure where he was going with it and it was hard to follow due to many other comments at the same time.
-Homeowner asked if the water lines in the common area were tied to homeowner’s yards.
-- No they are not.
-Homeowner asked if our management co. lets us know how many times they patrol our neighborhood, and what the results were.
-- Yes, Froerer gives us a report.
-Homeowner asked if the Clinton city agrees with the water and electric to our common area.
-- We have a letter from Clinton city, which states they are good with current situation.
-Homeowner asked why so much for water?
-- Because we have four 2 inch water lines.
-- We have a water committee looking into changing that to bring down the bill.
-Homeowner asked why they were paying twice. Because their mortgage company was sending their dues to Ivory.
-- We don’t know why and not sure if that money is really going to Ivory. We asked them to contact their mortgage company to find out for sure. If they are we can put them in contact with Ivory to work out the problem.
-Homeowner asked if the late fees come to the HOA.
-- Yes.
-Homeowner asked why a $9.00 a month vs. $84.00 a year?
-- It takes more money to run a month to month payment.
-Homeowner asked if they could see the Insurance policy.
-- Yes, the HOA has a copy to sign out to homeowners.
-Homeowner asked if they have a say in what happen in the HOA.
-- Yes, Please come to the board meeting.
-2010 budget motioned to be place to a vote by Edward Takacs.
-Motion 2nd by Natalie Adams.
-A quick show of hands of the vote was done.
-Then all present were asked to come forward to sign a voting sheet and place a vote yes or no for the 2010 budget.
-Homeowners left after the vote, and some stayed to talk and ask question on a one on one basis.
-Everyone was asked to leave due to the room at the library closed at 8:30pm.
Closed meeting at 8:30pm.
Room straitened up and turned back over to the library, with thanks for letting us use it.
Comment from Ed Takacs Secretary:
I would like to apologize to all those who read this. Do to the speed and stepping over each other’s comments that were presented, I could not fully capture all the feelings and comments of those present.
LEXINGTON ESTATES HOA SPECIAL BUDGET MEETING
LEXINGTON ESTATES HOA
SPECIAL BUDGET MEETING
12 January 2010 @ 7:00pm, West Clinton Elementary School
Those in Attendance: 29 Homeowners represented by one or more people, including board members, and Troy Green representing Management Co. Froerer Real Estate Inc.
Before start of meeting:
- HOA budget avaible for anyone who wanted one.
-- Budget Year 2010
- Sign in sheet for the purpose role taking.
Presiding and Conducting: President Jen Dicou
Called meeting to order at 7:03pm.
-Thanked everyone for coming out to the meeting. Then explained to all that there were not enough homeowners present to have a vote on the budget.
Closed meeting at 7:08pm.
-Special Budget Meeting will be reconvened in 24 hours (13 January 2010).
-To be held at the Clearfield Library at 7:00pm.
-Some questions were expressed by homeowners.
-- They were answered lightly, but were asked to bring them back up at the next board meeting.
Announcements from Secretary Ed Takacs:
-Next HOA Board meeting will be held on 10 February 2010 @ 7:00pm. At the home of Jen Dicou. All were invited to join.
-- Form a Nominating Committee for a new HOA board from those attending, and any homeowner who want to join.
-CC&R Committee will be held right after Board meeting.
-Water Committee will be held right after the CC&R Committee meeting.
SPECIAL BUDGET MEETING
12 January 2010 @ 7:00pm, West Clinton Elementary School
Those in Attendance: 29 Homeowners represented by one or more people, including board members, and Troy Green representing Management Co. Froerer Real Estate Inc.
Before start of meeting:
- HOA budget avaible for anyone who wanted one.
-- Budget Year 2010
- Sign in sheet for the purpose role taking.
Presiding and Conducting: President Jen Dicou
Called meeting to order at 7:03pm.
-Thanked everyone for coming out to the meeting. Then explained to all that there were not enough homeowners present to have a vote on the budget.
Closed meeting at 7:08pm.
-Special Budget Meeting will be reconvened in 24 hours (13 January 2010).
-To be held at the Clearfield Library at 7:00pm.
-Some questions were expressed by homeowners.
-- They were answered lightly, but were asked to bring them back up at the next board meeting.
Announcements from Secretary Ed Takacs:
-Next HOA Board meeting will be held on 10 February 2010 @ 7:00pm. At the home of Jen Dicou. All were invited to join.
-- Form a Nominating Committee for a new HOA board from those attending, and any homeowner who want to join.
-CC&R Committee will be held right after Board meeting.
-Water Committee will be held right after the CC&R Committee meeting.
Tuesday, January 12, 2010
Adjourned - Reconvening at 7 pm Wednesday
Our meeting this evening did not have the 89 lot owners required by the CC&Rs. Therefore, we adjourned the meeting and will reconvene Wednesday, January 13, 2010 at Clearfield Library at 7 pm. The address for the library is 562 South 1000 East. When we reconvene, the number of lot owners present becomes the quorum.
Please attend if you can, we would like you to be there to hear the budget information presented.
If you cannot attend, please click on the link in the post below for a proxy ballot.
Please attend if you can, we would like you to be there to hear the budget information presented.
If you cannot attend, please click on the link in the post below for a proxy ballot.
Proxy Ballot for Special Meeting tonight
If you are not able to attend the Special Meeting tonight to approve the 2010 Proposed Budget, please go to the attached link, print and mail the proxy ballot.
If you have any questions about the budget, please email us at lexingtonhoaboard@gmail.com so that we can help you understand why each item is listed as it is.
Proxy Ballot for your vote if you are unable to attend the meeting: http://docs.google.com/leaf?id=0B2x3lrijEIVVZDU4N2MxOWEtOGU5Ni00NmRlLWFmNGMtOTQxMGQ1ZjM4MzMz&hl=en
A copy of the budget that was left on your door is also available at this link: http://docs.google.com/leaf?id=0B2x3lrijEIVVMDViMmU2N2YtMGM2Yy00MGZjLWJmNjgtODZhMDcxMTJlYmFk&hl=en
Thank you.
If you have any questions about the budget, please email us at lexingtonhoaboard@gmail.com so that we can help you understand why each item is listed as it is.
Proxy Ballot for your vote if you are unable to attend the meeting: http://docs.google.com/leaf?id=0B2x3lrijEIVVZDU4N2MxOWEtOGU5Ni00NmRlLWFmNGMtOTQxMGQ1ZjM4MzMz&hl=en
A copy of the budget that was left on your door is also available at this link: http://docs.google.com/leaf?id=0B2x3lrijEIVVMDViMmU2N2YtMGM2Yy00MGZjLWJmNjgtODZhMDcxMTJlYmFk&hl=en
Thank you.
Friday, January 8, 2010
To Clear Up Some Confusion
As noted in a couple of comments, there has been some confusion in regards to the HOA caring for the grass park strip and sidewalks adjacent to our common area. I have received the following correspondence from the city in regards to the HOA's responsiblity regarding the grass and sidewalk.
The city ordinance indicates that the sidewalk and park strip adjacent to a lot are the responsibility of the homeowners, since the HOA is taking the responsibility for the area of the lots on 1300 N the park strip would also fall into this responsibility. This would mean multiple sides on corner lots or two sided lots.
Hope this helps.
Lynn Vinzant
Clinton City
Assistant City Manager
The city ordinance indicates that the sidewalk and park strip adjacent to a lot are the responsibility of the homeowners, since the HOA is taking the responsibility for the area of the lots on 1300 N the park strip would also fall into this responsibility. This would mean multiple sides on corner lots or two sided lots.
Hope this helps.
Lynn Vinzant
Clinton City
Assistant City Manager
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