Presentation on theme: "Spring Meadow HOA 2006 Annual All Member Meeting."— Presentation transcript:
Spring Meadow HOA 2006 Annual All Member Meeting
Ground Rules Please set cell phones & pagers to vibrate. If you need to take a call, please take it outside We have a lot to cover by 9:00 PM so please hold your questions until the end of each section A copy of this presentation will be posted on the HOA website after the meeting
Meeting Agenda Reading of last Meetings Minutes President’s Report What is the HOA and what is the purpose of the Board? Alleged Promissory Note to Oak Creek Park LLC Treasurer’s Report Election of Directors Revitalization of Committees City Park Update Traffic Safety Frequently Asked Questions
Reading of Last Meeting’s Minutes Secretary - Bobbie Barnhouse Reading Corrections? Approval
President’s Report What is the HOA? Group of all property owners who became members by purchasing property tied to the association via their CC&Rs
President’s Report What is the purpose of the HOA? To protect and increase everyone’s property values by providing a neighborhood that is both beautiful and safe. This is accomplished by enforcing adherence to the By-Laws and the CC&R’s (The Ruling Documents). These rules cover everything from the assessment procedures, construction materials, colors of homes, what kinds of structures can be placed on the properties and many other things. The Board of Directors interprets the Ruling Documents (seeking legal council as needed) and enforces the rules when necessary.
Alleged Promissory Note - History Presented to newly formed Board of Directors at the HOA Turnover meeting on 3/15/05 Stated that the HOA owed the developers $119,451.07 for legal fees and common area development and maintenance Signed by a partner in the development company who was serving as President of the Board No accounting of how amount was calculated was provided to the Association
Alleged Promissory Note - Today Consulted a qualified attorney Refused to make initial payment of $20,000 on 7/31/05 as note required Demanded accounting of $119,451.07 with receipts Researched collection of previous assessments Based on advice of legal council, negotiated amount down to $60,000 $40,000 paid in 2006 $20,000 payable June 30, 2007
Treasurer’s Report - Cash Flow Analysis (Jan 1- June 30) Net Income $47,975 Income Reserved from 2005 $20,000 Oak Creek Park, LLC Debt Retirement $40,000 Administrative Expenses $8,590 Maintenance Expenses $3,623 Leaving a Net Income of $15,762 Please note that that at least 98% of the HOA’s income is collected from membership dues within the first 60 days of the calendar year. Expenses are paid out at a monthly average of $2,340.00 per month. Cash reserves decrease as the year progresses. The HOA is currently on budget for this year.
Treasurer’s Report -Budget vs. YTD Actual Maintenance Expense CategoriesBudgetYTD (June 30) Landscaping$3,000$1,125.00 Maintenance Costs$4,500$1,877.02 Pacific Power$ 300$ 99.06 Water$2,000$ 522.24 Maintenance Sub Totals$9,800$3,623.32 Administrative Sub Totals (from previous slide) $18,290$8,589.72 Grand Totals$28,090$12,213
Treasurer’s Report - Statement of Financial Position (June 30) Liquid Assets: Checking Account$ 6,291 Savings Account:$20,122 Fixed Assets: Common Areas and Fence$60,000 Total Assets:$86,413 Liabilities: Oak Creek Park Debt $20,000 Net Worth: Cash Basis $66,413
Election of Directors Four seats up for election Candidates Mary Ray Linn Stordahl Joan Williams Kristin Pohlschneider Vote for up to 4 Candidates
Revitalization of Committees Each committee consists of 3 – 8 members of the Association Committees are member driven Board of Directors oversees the committees Board of Directors has a representative on each committee but the Board does not drive the committees All communication on behalf of the HOA must be approved by the Board Sign up sheets available at exit
Hospitality Committee The purpose is "to bring Spring Meadow neighbors together through hospitality, social events, and networking". Facilitate welcoming new neighbors into the neighborhood. Offer the chance to participate in various friendly competitions throughout the year. Provide a quarterly newsletter to keep the residents of Spring Meadow up to date on the happenings in the neighborhood, as well at updates on past events. The committee welcomes anybody who would like to join in making Spring Meadow a fun and friendly place to live.
Community Relations Committee Serve as liaison between the Spring Meadow HOA and the City of Albany Currently working with City of Albany on the 53 rd Street Park
Traffic & Safety Committee Facilitate communication of community traffic & safety concerns with the City of Albany Current issues Reckless driving Undesirable activities on nature trail, swimming hole and wooded parkland
City Park Update DISCLAIMER – This is what we think we know of the City’s plans, but ultimately its up to the City of Albany 1. Survey approx 600 residents about preferred park improvements COMPLETED 2. Hire landscape architect (RFP 20067-01 due Aug-1-06) August 2006 3. Develop 2 park design concepts (HOAs provide 4 – 5 volunteers to assist in planning Community Relations Committee)Aug/Sept 2006 4. Review design concepts with HOA reps, select equipment September 2006 5. Complete park design/construction drawingsSept/Oct 2006 6. Construction Oct 06 -> Spring 07
Traffic Safety The Board receives frequent complaints about speeding cars and running of stop signs These are legal issues that the Board does not have direct control over The City of Albany offers a Neighborhood Traffic Calming Program to assist property owners in slowing traffic in their neighborhoods (http://www.cityofalbany.net/publicworks/streets/traffic_calming.php)http://www.cityofalbany.net/publicworks/streets/traffic_calming.php Several concerned citizens on Chinook Drive have already started the program The Board would like the Traffic & Safety Committee to work with the City to improve traffic Safety in Spring Meadow
Frequently Asked Questions - Board of Directors Q:Who serves on the Board of Directors? A:The Board of Directors is a cross-section of property owners from Spring Meadow. The first member-led Board of Directors was elected by members present at the Turnover Meeting on March 15, 2005.
Frequently Asked Questions - Board of Directors Q:How long do Directors serve on the Board? A:Directors are elected to serve 2 year terms of service. Directors may be re-elected for an unlimited number of terms.
Frequently Asked Questions - Board of Directors Q:How much are Directors paid? A:Directors are volunteer positions that are not paid. They receive no form of compensation whatsoever for their time and effort and Directors pay the same assessment that the rest of the members do.
Frequently Asked Questions - Board of Directors Q: That sounds like fun! How can I become a Director of the Board? A:Four to five seats will be up for election each year at the Annual All Member Meeting. These seats will be filled by a vote of all members present at the meeting. There are also frequent vacancies on the Board. Vacant seats are filled by appointment of the remaining Directors. Appointed Directors serve for the remaining term of the person that they replaced. Those interested should contact the Board by e-mail, voice mail, or postal mail to alert the Board to their desire to serve.
Frequently Asked Questions - Properties Q:How many properties are in the Spring Meadow HOA? A: 457
Frequently Asked Questions - Properties Q:The property behind mine is not part of Spring Meadow HOA. It’s elevation is higher than mine which causes flooding in my yard. The CC&Rs prohibit this, so what can the Board do about it? A:The Spring Meadow CC&Rs are not binding to properties that are not part of Spring Meadow. Thus, the HOA does not have any authority over these other property owners.
Frequently Asked Questions - Properties Q:Do all properties off the North side of 53 rd Ave belong to Spring Meadow? A:Absolutely not. There is another HOA that manages the Brookfield subdivision and there are a number of properties in between that do not appear to belong to any HOA. The streets of Antelope Cir/Ct, Elk Cir, Deer Run, Otter Ct, Black Bear Ct, or Beaver Ct and additionally the part of Elk Run North of 53 rd and South of Cougar are not part of Spring Meadow.
Frequently Asked Questions - Properties Q:That’s confusing. How can I see what properties are or are not part of Spring Meadow? A:See the Spring Meadow map on the next slide. (also available for download from the HOA website)
Frequently Asked Questions - Architectural Control Committee Q:What is the Architectural Control Committee (ACC)? A:The ACC has been established based on the requirements of the Bylaws and CC&Rs. As outlined in the CC&Rs, the ACC consists of 5 Association members that are appointed by the Board of Directors. The ACC’s role is to ensure that the neighborhood is created and maintained in a manner in which structures, landscaping, and property are in harmony with one another and do not infringe on the rights of other property owners. The ACC performs this role by interpreting and enforcing the rules outlined in the CC&Rs.
Frequently Asked Questions - Architectural Control Committee Q:I want to build a structure in my back yard. Do I really need ACC approval? A:Absolutely. In an effort to make it easy, the Board has published rules providing pre-approved for many types of smaller structures. Someone desiring to build a structure not covered by the pre-approval rules must obtain written approval from the ACC by submitting a Modification Request form with detailed design information including a plot plan (with dimensions) showing placement on the property. Note that the ACC does not have the authority to allow someone to violate the CC&Rs.
Frequently Asked Questions - Architectural Control Committee Q:How long does the ACC have to respond to my request to build a structure on my property? A:30 days from postmark
Frequently Asked Questions - Architectural Control Committee Q:I want to repaint my house. Do I need ACC approval? A:Yes, if you are changing the color.
Frequently Asked Questions - Architectural Control Committee Q:How long does the ACC have to respond to my request to change the color of my house? A:15 days from receipt of color samples
Frequently Asked Questions - CC&Rs Q: I just purchased my home a few months ago. How long do I have to complete my landscaping? A: The CC&Rs clearly state that “All front and side yards including landscape strips between curb and sidewalk must be completely landscaped within six (6) months of initial occupancy.” as well as “All structures (including flat work and landscaping) constructed within Phase __ shall be erected and completed within one year after the commencement of construction.“
Frequently Asked Questions - CC&Rs Q:I just purchased a new boat or RV. Where am I allowed to park it? A: The CC&Rs clearly state that “All boats, trailers, recreational vehicles, equipment, campers and the like must be parked off the streets of Phase __ in a garage or on a concrete pad (singular) beside a garage built specifically for that purpose.
Frequently Asked Questions - CC&R enforcement Q:There are violations of the CC&Rs on my street, what is the Board doing to fix this? A:It is not the Boards desire to police the neighborhood, but recently, based on the advice of legal council, the Board has started proactive enforcement of publicly visible violations that are the cause of frequent complaints. Ultimately, the neighborhood belongs to the members and the members should help take responsibility for it. The Board and the ACC has provided a process for members to report violations via a Complaint form. If you would like to report a violation, please use the form.
Frequently Asked Questions - CC&R enforcement Q:What are the most frequent complaints that the Board receives? A: Inappropriately parked boats, trailers, RVs Visible trash and yard debris cans Basketball hoops in the streets Unfinished or poorly maintained landscaping Dogs and cats leaving unwanted surprises
Frequently Asked Questions - CC&R enforcement Q:My neighbor says that he doesn’t want to follow the CC&Rs and that the Board can’t make him! Can the Board make him follow the CC&Rs? A:True. The Board cannot make someone follow the CC&Rs but the Board can make them wish that they had. As permitted by ORS 94.630, ORS 94.709, and the CC&Rs for Spring Meadow, failure to comply with the rules may subject a member to a fine previously established in the Spring Meadow HOA Fine Schedule, legal fees and other charges. A lien may be placed on the property in the amount of the assessed charges until such time as compliance is obtained.
Frequently Asked Questions - CC&R enforcement Q:Over 30 days ago, I complained about a CC&R violation that my neighbor had. Why is the violation still present? A:The Board always provides members with the opportunity to voluntarily resolve violation notices. If they don’t, then enforcement begins. As already noted, the Board cannot make someone follow the rules. Enforcement is a matter of applying enough pressure to obtain compliance. Thus, it can take a number of months to achieve results.
Frequently Asked Questions - CC&R enforcement Q:Is there a faster way to achieve results for violations that my neighbors have? A:In many cases, yes. If the CC&R violation is also a violation of City Code then contacting the City Code Enforcement team will likely yield the fastest results. http://www.cityofalbany.net/code_enforcement/in dex.php Call Team Administrator Marilyn Smith at (541) 917-7507 http://www.cityofalbany.net/code_enforcement/in dex.php
Frequently Asked Questions - CC&R enforcement Q:What common CC&R violations are also violations of City Code? A: Inappropriately parked boats, trailers, RVs (Any vehicle or combination of vehicles more than 23 feet long or 8 feet wide cannot be parked on a street, between 10:00 p.m. and 7:00 a.m. weekdays or all day Saturday, Sunday, and holidays. Vehicles must not block traffic signs or a driver’s clear view at intersections.) Basketball hoops in the streets Dogs that bark for more than 10 nonconsecutive minutes within an hour Dogs that run loose Trash placed at the curb more than 24 hours before pick-up
Frequently Asked Questions - Meetings Q:I cannot make it to the Board meetings. Are the meeting minutes available? A:All meeting minutes are posted on the Meetings page of the website as soon as they are available. Upon reasonable notice, copies may also be obtained from the Board Secretary for a small copy fee.
Frequently Asked Questions - Meetings Q:I’d like to attend the Board meetings but I never receive enough notice when the sign goes up. How else can I find the schedule of the Board meetings? A:Once they are established, meeting dates are posted on the website’s Meetings page. Meetings are typically held once a month on the 3 rd or 4 th Tuesday of each month.
Frequently Asked Questions - Meetings Q:Are members allowed to participate in the Board meetings? A:Board meetings are held to discuss and make decision about current issues before the Board. An agenda is followed and although the meetings are open to observation by any association member, only Directors are allowed to participate. The Board has set aside a period of time near the beginning of each Board meeting to hear member concerns or comments. Concerns raised can then be added to the agenda for the next month’s meeting (if not already on the current agenda).
Frequently Asked Questions - Pets Q:Are pets allowed to run loose in the neighborhood? A:The CC&Rs specifically prohibit allowing pets to run loose. “No animal of any kind, including dogs and cats, shall be allowed to interfere with the quiet enjoyment of the other residents in Phase __, or permitted untended upon the streets or upon premises of other occupants of Phase __”.
Frequently Asked Questions - Pets Q:Other peoples dogs and cats leave surprises in my yard. Is this really allowed? A:The CC&Rs specifically prohibit allowing pets to leave these surprises. “No animal of any kind, including dogs and cats, shall be allowed to interfere with the quiet enjoyment of the other residents in Phase __, or permitted untended upon the streets or upon premises of other occupants of Phase __”.
Frequently Asked Questions - Pets Q:My neighbor’s dog barks in the middle of the night for minutes/hours at a time. Is this allowable? A: The CC&Rs specifically prohibit allowing pets to disturb the neighborhood. “No animal of any kind, including dogs and cats, shall be allowed to interfere with the quiet enjoyment of the other residents in Phase __, or permitted untended upon the streets or upon premises of other occupants of Phase __”.
Frequently Asked Questions - Pets Q:The CC&Rs prohibit animals from disturbing the neighborhood and from leaving surprises. What can realistically be done about it? A: With a written complaint and satisfactory evidence of whose animal is causing the issue, the Board can fine a member for violation of the CC&Rs. As previously noted, HOA enforcement can take a number of months to achieve results. The quickest resolution will likely be achieved by contacting the City of Albany Code enforcement team at 917-7507. For barking dogs, call the Albany Police Departments non- emergency number of 917-7680.
Frequently Asked Questions - Contact Q:How can I contact the Board of Directors? A:Via the website at http://springmeadow-hoa.orghttp://springmeadow-hoa.org Via US Postal Mail at 2165 53 rd Ave SW, Albany, OR 97321 (No UPS, Fedex, etc) Via voice mail at (503) 296-2641 COMPLAINTS MUST BE SUBMITTED VIA POSTAL MAIL ON THE APPROPRIATE FORM
Wrap Up Any other questions? Thank you for attending.