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
Sunday, October 10, 2010
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