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Lancaster Park HOA - 2004 Annual Meeting Minutes (Official minutes are retained by the HOA Secretary) |
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Members in Attendance: 104 (Home Owners) |
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Board Members Absent: |
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Joe Drake opened the meeting and made a motion that Brian Neufeld be allowed to act as the moderator of the meeting. The Members voted to allow Brian to facilitate the meeting. Brian Neufeld announced that the previous Board had hired HOA Management, LLC. Also Ryan Taylor the representative of HOA Management, LLC, whom was in attendance, would be allowed to speak later in the meeting. Further, Brian notified the Membership that the Annual Meeting was being recorded for accuracy; as well, as Ashley Bullard would be taking notes. Brian Neufeld continued by requesting that Members volunteer to count secret ballots and hand ballots. The volunteers for counting the secret ballots were as follows:
The volunteers for counting the hand ballots were as follows:
Richard Schaefer reported that there were 104 Members in attendance and
that 116 proxies would be voted.
MOTION: Julie Mueller made a motion to accept the resignation of the former Board as of October 28, 2004. SECOND: Teri Drake Discussion Question: Marcia Curley - Did everyone get a proxy? Tim Linehan stated that the By-Laws allowed anyone to collect proxies from anyone not in attendance. Discussion Closed Brian Neufeld called for a voice vote. The Membership voted with voice vote to accept the resignation of old Board. Nancy Schaefer as the remaining Member of Nominating Committee called for an election of 9 new Directors of the Lancaster Park HOA Board. MOTION: Tim Linehan made the motion to waive for this meeting the By-Law requiring a Member of the Board to be on the Nominating Committee. SECOND: Joe Drake Brian Neufeld called for a voice vote. Membership through a voice voted to pass afore mentioned Motion. Nancy Schaefer read from the top of the secret ballot that was provided to each Member when signing in for the meeting. (See Attached) Nancy further stated that the 3 Nominees who received the highest votes will be elected for 3 years. The next 3 Nominees with the next highest vote count will be elected for 2 years. The third 3 Nominees with the highest vote count will be elected for 1 year. Nancy also stated that each Member could only vote for 9 Nominees, and that any ballot with more than 9 votes would be invalid. The Nominees nominated before the Meeting were as follows:
Nominations were then accepted from the floor. Gena Miller nominated Tim Linehan Brian Neufeld nominated Don Drain Nominations from the floor were closed MOTION: Mark Nelis made a motion to reject all proxies Maynard Ungerman, lawyer in attendance, said that proxies were legally fine to use even if a secretary was not present. Mark Nelis withdrew the Motion. The Membership voted on the new Board Members. While the votes were being counted, Ryan Taylor with HOA Management, LLC spoke to the Membership. He explained that HOA management had been retained by the previous Board prior to the Board resigning. He stated that he sent a letter out to the Membership explaining that he worked for the Board and the Membership. He further explained his objectives were to handle the day to day operations, oversee contracts, notification and collection of dues, attend meetings, send out at least 2 newsletters a year, maintain the Association's website, enforce the Covenant, perform drive thru's in the neighborhood, and send out letters for Covenant violations. The HOA Management's fee was $350 per month. Ryan Taylor continued that if the Lancaster Park HOA used the companies he recommended for landscaping, the Association could save approximately $6,000 per year; thus covering the cost of his fee. Ryan Taylor also stated that he could save the Association money on its liability insurance. Ryan Taylor took questions from the Membership. Question: Jenny Carpenter - Is maintaining the website part of the contract
and if so what are the fees. Question: Nancy Schafer - If some one called with a concern/comment,
what was the charge for that? What was the charge for drafting/writing
letters? Comment: Helen Rode - Helen felt that to have some one to run the day to day operations of the Association might be a good thing, since they would handle all the "unfun" stuff. She stated that the Management Company was definitely something to consider if they could save the Association money. Question: Jim Davis - Which lawn service companies do HOA Management
use? How would the Management Company handle Members with a complaint
about the landscapers? Question: Bash Jimoh - Are there any other costs not covered by the $350
per month fee? Also could Ryan Taylor tell the Members some positive and
negative incidents with the other Associations that HOA Management LLC
manages? Question: Julie Mueller - Please clarify some of the non-routine fees
listed in the contract. Question: Jim Davis - How long is the contract for? Question: Mark Nelis - What was your recommendation for sheds? Comment: Sherri Finch - The fees that Ryan is mentioning are the same fees that the Board has to pay if they were doing the same things. Question: Sheri Finch - Does the Board have to authorize any expenses? Question: Sheri Finch - If an expense above $200 were incurred without
the Boards approval would the Board be liable? Question: Dennis Mallard - Who would need to approve the expenses above
$200? Question: Sylvia Dewey - Would there be a fee to help us change the Covenants? Question: Sylvia Dewey - What are the average dues for the other HOA's
you represent? Question: Mark Winkleman - How many Associations have lowered there dues
since you have started working with them? Question: Ashley Bullard - Does the Management Company currently control
Lancaster Park's bank accounts and signature cards. And are these 2 signature
checks? Question: Rob Reusch - In regards to landscaping, does the fee include
spring and fall plantings? What about the rest of the contracts like the
lights? The following Members were voted onto the Board:
MOTION: George Carpenter made a motion to change the last sentence of Article V, Section 1, of the current By-Laws to be amended from the current wording of "Nominees may be members or non-members of the Association." To read as follows," Nominees must be members of the Association." Second: Sylvia Dewey DISCUSSION Tim Linehan stated that he did not want the Motion to pass. He felt that the Association would have more problems if it did pass. Question: Dianna Mayes - Who is a "non-member?" Question: David Tate - Could Tim explain further his position? Tim Linehan- If the Association decided they wanted a lawyer on the Board and if the Motion passed, that would not be feasible. Mark Nelis - We need 9 Members on the Board. Sometimes it is hard to get 9 people to serve on the Board. If the Membership passed the Motion, a non resident could not be used to fill the required spots. Question: Bash Jimoh - Would George change the Motion to limit the number of non-members allowed on the Board? Brian Neufeld called for a hand vote. 105 Yes votes 76 No votes. THE MOTION PASSED MOTION: Bash Jimoh made a motion to suspend and defer all votes on changes to the By-Laws until the new Board has had a chance to review all the documents. Second: Sherri Finch Brian Neufeld called for a voice vote. THE MOTION PASSED MOTION: Julie Mueller made a motion to obtain all assets and documents from HOA Management, LLC. SECOND: Sylvia Dewey DISCUSSION Helen Rode - HOA Management will be involved for at least 15 days, so the Board can look at the documents any time they want Ryan Taylor - He would be able to make a copy of the documents for the Board Question: Clark Kalen - Would there be a cost associated with getting a copy of the documents? Bash Jimoh - We have access to the books any time we want. Dianna Mayes - Expressed she was concerned about the handling of the financial obligation and the transfer of documents to the new Board so soon. Discussion closed Brian Neufeld called for a hand vote. 99 Yes votes 42 No votes THE MOTION PASSED MOTION: Sylvia Dewey made a motion to accept the Minutes for the 2003 Annual Meeting as they were written and provided to the Membership at the 2004 Annual Meeting. SECOND: Nancy Schaefer Brian Neufeld called for a voice vote. THE MOTION PASSED MOTION: Joe Drake made the motion to end the 2004 Lancaster Park HOA Annual Meeting. SECOND: Richard Schaefer Brian Neufeld called for a voice vote. THE MOTION PASSED - Submitted by Ashley Bullard |
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