Agendas / Minutes

Ashford Park HOA Meeting Minutes

May 12, 2015

Gulfway Church - 6:30 PM

Call to Order

 

  • Pledge of Allegiance - Bob Webb

  • Prayer - A moment a silence was observed for the Brother of Secretary Brenda Trawick

  • Roll Call - Bob Webb, Dave Roffman, Kevin Welsh, and Mark Wolcott (via proxy to Dave Roffman) present. Barb Cutsinger and Brenda Trawick absent

 

Secretary’s Report

 

  • Action Item - The March 10, 2015 HOA Board Meeting Minutes - Approved as published on the HOA Website

  • Old Business - None

  • Correspondence - Mr. Webb

  • We received 8 complaints regarding political signs, 6 complaints regarding architectural requests not being approved in a timely manner, one requests for assistance in obtaining a variance from the city for a pool enclosure, 6 requests for HOA fee status from title companies for purposes of creating their closing documents and one phone call concerning how renters are perceived and treated by homeowners and request for clarification for barking dogs inside of homes.

 

Treasurer’s Report

 

  • Informational Item - March-April Budget Analysis Report

  • Informational Item - Update on 2013 and 2014 Audits-2013 Audits is a few days away from being completed.  The CPA will then begin work on the 2014 Audit.

  • Informational Item - Update 2013 and 2014 Tax Filings-2013 Taxes are completed at a cost of $385 which includes $110 in taxes owed.  The 2014 taxes will completed within the next two weeks.

  • Bob Webb - Action Item -Budget Amendment to pay for delinquent tax audits and tax filings

  • A budget amendment is required to move money from existing line items to cover shortfalls in the Income Tax Line item due to tax preparation and taxes owed (due to filing late) in 2013and as well as 2014 tax services and taxes owed.   In addition there are other items coming up on tonight’s agenda that warrant line item budget adjustments that include increasing the amount of funds in the Financial Audits line item to pay for the 2013 audit, a 5 year old utility bill owned to Hampton Park   Understand we are not increasing the 2015 budget.  We are reallocating the funds per each line item in need.

  • It is recommended we move $1050 from the detention/retention pond line item/$100 from Banking Fees line item/$100 from Sprinkler Repair line item/ $300 from Legal line item, $125 from Facility Rental Line Item, and $121 from the website line item. These movements total $1796 and reallocate them as follows:  move $500 to the Financial Audits line item, move $100 to the postage line item (for communication to enforce the Covenants and By-Laws),  move $ 671 to the income tax line item, move $400 to the printing reproduction line item, and move $125 to the utilities line item. The total amount of reallocations is $1796.  We need a motion to re-allocate $1796 of existing budget funds to the line items to meet the demands of our bills. Motion was received, seconded and passed by a 4-0 vote

  • Action Item-Hampton Park Utility Bill-In a 4.5 hour meeting with Bob Schroeder, it was established through an documented process that a 5 year old bill owed to Hampton Park exists in the amount of 408.90 for the shared electrical and water costs connected to the respective  Ashford Park/Hampton Park entrances at Park Drive at East Ashford Park Dr. The respective utilities were originally placed on one meter by the developer on the HP side of Park Avenue and up until January 17, 2012 AP paid HP 50% of the annual costs. There have been no payments made to HP since. These utilities have been disconnected and there will no further bills or obligations. I recommend we cut a check this evening and present it to Bob Schroeder who is here this evening at my request.  I will attend the next Hampton Park HOA Meeting and present them with a letter of apology. We need a motion to pay the outstanding bill of $408.90 to Hampton Park. Motion was received, seconded, and passed by a 4-0 Vote

Vice President's Report

 

  • Action Item - Board Member Issue- Motion was received seconded and passed by a 3-1 vote.

  • Kevin Welsh - Resolution of Acknowledgment

  • During the last School Tax Referendum Campaign the Board received several formal complaints regarding the placement of signs in yards. Bob Webb asked Architectural Chair Mark Wolcott and Maintenance Committee Chair Chris Canupp to ask those with signs in their yards to remove them.

  • Mark and Chris reported the vast majority of the people with whom they spoke removed the signs when informed that it violated an HOA Covenant.  Bob Webb also received a formal complaint (via website) and an informal complaint (via phone call) to inform him that a Board Member had a sign in his yard. Chris Canupp spoke with this Board Member and he refused to remove the sign.  He did move it closer to his house.

  • Bob Webb made two private attempts to convince this Board Member to remove the political sign in his yard. In one the conversations the Board Member discussed a potential freedom of speech issue. Bob again asked the Board Member to remove the sign and to give the Board an opportunity to seek a formal legal opinion regarding the Covenant and create a position statement as to how it will be enforced. The Board Member refused to remove the sign and stated he had 30 days to remove the sign before he could be fined.  By that time the election would be over. 

  • Article 12 of the Covenants excludes all signs and flying paraphernalia except For Sale Signs and U.S. Flags, without permission of the Board.  This mean all signs in yards that have not been approved by the Board are in violation of the Covenant 12.

  • The Board has since engaged an attorney and has procured a legal opinion and it to be noted that per this legal opinion a homeowner’s freedom of speech is NOT violated by this Covenant. The Board will discuss options which will include creation of a position statement, seeking an informal vote at the next annual meeting, or simply to enforce the Covenant which calls for all signs to be removed and those who fail to do so will be fined an amount to be decided by the Board. A decision will be made at the July Board Meeting.

  • It is to be noted that the quality of work by this Board Member has been outstanding and we, as a Board, support the School Tax Increase.  However, we cannot condone the intentional violation of an HOA Covenant or By-Law by a Board Member.  

  • Therefore, I make a motion the Board take a roll-call vote in the form of a resolution to voice its disappointment and disapproval of the actions of Kevin Welsh regarding the Covenant/sign issue. 

 

President's Report

 

  • Bob Webb made a public apology to Mary Brown for his harsh words in handling her complaint regarding multiple mistakes in the architectural approval process regarding a fence/shed issue when she came to his home.

  • Informational item - New Website Update-Headlines 1/10/20 of each month.

  • Informational Item - Regarding March 23, 2015 meeting with City Engineer, Chad Christian-Chris Canupp, Bob Webb, and Dale Torrence met with Chad Christian, to discuss responsibility of streets and infrastructure.  Dale brought documents indicating the city had taken responsibility for streets and infrastructure in phases 4-6.  Chad was very helpful and at our request produced documents for phases 1-3 along with other documents that clearly showed the City having responsibility for the streets, existing sidewalks created per improved lot, storm sewer basins, and water drainage.  This is a huge win for us as an HOA because it means we will not have to spend HOA money on these items.

  • Action Item - Hand-delivered Newsletter update to all residents with copies mailed to landlords. Motion was received, seconded and passed by a 4-0 Vote

  • Informational Item - Legal Opinions have been procured at a cost of $1200 to bring closure to the issue of whether Covenants changed in past were legal-it was determined Covenants can be changed by majority vote of the Owners.  There appears to be questions as the whether the changes to Covenants in the past were done legally. The attorney recommended using By-Law Changes to “clean up” any issues from the past and move forward.  A Subcommittee is working on a list of recommended changes to the Covenants and By-Laws and upon completion; the list of recommended changes will be presented to the Board.

  • Informational Item - Board Approved procedure regarding the repair and/or replacement of fences-The Architectural Committee is working on a recommended procedure to use when fence repair or replacement is necessary.  The fact that deeds do not reflect fence ownership and there is no city ordinance regarding good side/bad side it is almost impossible to identify who owns which fence so the Committee’s objective is to create a recommended procedure to a guide to homeowners encouraging neighbors with common fences to work together to avoid issues, arguments, lawsuits, as our fences get age and require maintenance or replacement.  The Procedure will be placed on the website when completed

  • Informational Item - To-date 37 homeowners have not paid their 2015 HOA Fee, 3 homeowners have not paid their 2012 HOA Fee and 4 Homeowners have not paid their 2013 HOA Fee. Accounts Receivables total $6,105 which includes penalties.  Adams is the largest offer owing $1125 of the $6105. In March the Board engaged a Fairhope attorney to collect all delinquent HOA fees and fines at no expense to our HOA. The attorney has sent a demand letter to give delinquent homeowners 30 days to bring their account balance to zero and if they fail to do so will place liens on their property. The problem with waiting until someone sells their house to satisfy their lien so the sale can completed is that we have to wait for our money and it negatively affects our cash-flow which may cause an increase in the annual fee amount.

  • Action Item - Reminder Signs

  1. The committee, at our previous committee meeting discussed the need for 2 sets of 3/2 sided signs to be placed in the common areas as Meeting reminders and HOA Fee reminders with the website listed on the bottom of each sign. It was originally believed a set of 3 signs were stolen on the night of the annual meeting, but we learned at the meeting Chris Canupp, Maintenance chair picked them up and has them stored in his garage. The anticipated cost of one set of three signs with changes for the existing set will be less than $200.

  • Side 1 - HOA Board Meeting tonight with website at bottom of sign

  • Side 2 - HOA Committee Meeting tonight with website at bottom of sign

  • Side 1 - Annual Meeting location, time, with website at the bottom of sign

  • Side 2 - HOA Dues due Jan. 1 late after Feb. 15 with website at bottom of the sign 

  • Motion was received, seconded and passed by 4-0 Vote

 

  • Informational Item - Sample Proxy Letter has been placed on the website. The process of how the election at the will be executed will be presented.

  • Informational item - April 28 Committee Meetings. Only 25 of the original 44 people (25 people represents only 11% of the 279 homeowners) who signed up for committee work were in attendance.  The Board will need to consider hiring in a professional company to run the HOA if homeowners are unwilling to share the workload. This would obviously increase the annual HOA fee amount. We do, however, thank those who were in attendance.

  • Action Item - Moving of Dave Roffman Architectural Chair Position/Moving of Mark Wolcott to the Vice President position. Motion was received, seconded and passed by a 4-0 Vote.

  • Action Item - Bid of $1000 for grading work on the Hickory Retention Pond. Lee Steiner was the lowest bidder.  We need a motion to award the bid. Motion was received, seconded, and passed by a 4-0 Vote

  • Informational Item - Hickory Retention Pond Maintenance Bid-a bid of $4524 per year was received from Lake Doctors Inc. of Navarre. This figure includes the canal that connects the Hickory Retention Pond to the Jointly-Owned Retention Pond

  • Informational Item - Jointly-Owned Retention Pond Bids-Two bids have received.  $53,288 (24% or 12,789.12 would be Ashford Park’s responsibility) was received form Lake Doctors Inc. of Navarre and a bid of 117,500 was received from Lee Steiner ($28,200 would be Ashford Park’s responsibility).

  • Informational Item - Retention Pond near High School Bid-A Request for Proposal will be prepared by the Maintenance committee with bids due prior to the June 23 Committee Meeting

 

Committee Reports

(1) Tech-Communications (2) Finance-Legal (3) Architectural (4) Maintenance

Can be found below

 

  • Informational Items  -Next Committee Meeting will be held June 23rd at the Foley Library and the next HOA Board Meeting will be held July 14 right here at Gulfway Church

 

Adjournment – Meeting Adjourned by 4-0 Vote

 

Maintenance Committee

4/28/15

 

The maintenance committee met and the following items were topic of discussion.

  • Sealed bids were opened from Lake Doctors for the chemical treatment of cattails. Hickory Retention Pond and Ditch

  1. Monthly Chemical Treatment Program: 4524 Annually / $377 Per Mont

  2. Jointly-Owned Retention Pond - $2,568 Annually

Monthly Chemical Treatment Program - Ashford Park 24% - $616.32Year/$51.36 per month

Monthly Chemical Treatment program-Hampton Park 76%-$1951.68/$162.64 per month

 

Total Ashford Park $5,140.32 per year/$428.36 per month

  • Bids was also opened for the for the jointly owned retention pond for Hampton and Ashford Park HOAs.

  1. Jointly-Owned Retention Pond-Cattail Removal

Lee Steiner - $123,500 which includes $6000 of tree removal on HP side

Lake Doctors - $53,228

 

  • The severe weather on March 25th damaged the west fence going over the canal on Gabon Dr. With the help of a couple of members of the maintenance committee and neighbors in the subdivision the fence was put back up at a height of 4 ft. and a new steel anchor post plate was put in. The excess fencing on each side of the concrete bridge was removed to allow access of maintenance equipment onto HOA property. The extra fencing is available for anyone in our HOA to pick up for replacing damaged or worn boards. This notice will be placed on the website.

 

  • RFP’s are being put together for the retention pond and HOA area on the east side of the subdivision and for the landscaping costs for our HOA.

 

Tech-Maintenance Committee

May 12, 2015

 

  • Amanda Welsh, Cathy Heneger, and Deb Peterson were present at the Meeting.

 

  • To-date only 156 of 271 (57.5%) homeowners have completed and sent in their database update form.  This makes it impossible to do conduct business by U.S. Mail, e-mail, or phone. This issue will require a door-to-door campaign. Over 100 hours have been spent at this point to capture 156 of the 271.  A change in the By-Laws may be necessary to gather every homeowner’s information.

  • The committee is working on a communication system with the regional title companies to capture the information of new homeowners at the time of their property closing.  One of the suggestions is to require the contact information of new homeowners on the website when the Title Companies are requesting the HOA Fee status as they prepare their closing documents.  This would not work for homeowners who close using an attorney.

  • The Committee is also working toward the implementation of a “Welcoming Committee” to make new homeowners and new renters feel welcome.  A basket with baked goods, a welcome letter and list of numbers or e-mails to make their transition to the neighborhood is being considered as a welcoming gift.

  • Amanda Welsh has done a great job of working with our webmaster to implement the “Remind” program-homeowners can sign up on the website and provide their name and cell number and receive emergency information, HOA updates, etc.

  • The committee, at our previous committee meeting discussed the need for 2 sets of 3/2 sided signs to be placed in the common areas as reminders and to move people to use the website for information-Cost-$325.  It should be noted that all signs from the Feb 12 Annual meeting were stolen the night of the meeting.

    • Side 1 - HOA Board Meeting tonight with website at bottom of sign

    • Side 2 - HOA Committee Meeting tonight with website at bottom of sign

    • Side 1 - Annual Meeting location, time, with website at the bottom of sign

    • Side 2 - HOA Dues due Jan. 1 late after Feb. 15 with website at bottom of the sign 

 

Covenants/By-Laws Subcommittee

 

 

  • Dale Torrence reported the subcommittee would soon be making their recommendations to the board regarding the needs for changes.