March 29, 2011
Last night’s Cove Landing Home Owners Association (CLHOA) annual meeting was held at Liberty Grove Church on Bradley Cove Road. The meeting began promptly at 7:00 PM following the “order of business” as outlined in the CLHOA By-Laws (as found in the copy at www.covelanding.org).
The first order of business was to have the Roll Call. As Treasurer Lori Bodinger was preparing the roll and registering the last few HOA member arrivals, Ernie Enchelmayer, Secretary and stand-in to preside over the meeting in the absence of President Jane Witherell, talked about item two in the order of business – proof of notice. Enchelmayer discussed the “proof” as it related to the flyers distributed door-to-door about three weeks prior (and well before the 10 day minimum requirement). Enchelmayer also pointed out that notice was given on the Cove Landing website (and gave out the URL twice more). One resident asked if we continued to have meetings at the church on Bradley Cove road, could we ask them to post it on their sign so residents would see it as they are driving by. Lori was ready with the roll call and announced that 22 voting lots were present and we did not meet a quorum that night for a vote.
The third order was to read the minutes from the preceding meeting. In this case, since we did not have an ice-cream social or any other meeting in the year, the preceding meeting was the 09 March 2010 meeting. The short story Enchelmayer gave was that the meeting on that evening was basically null and void due to (1) advice from the Developer’s office not to mess around with the CC&R’s but enforce what’s there, and (2) the fact that we did not meet the 10 day minimum for notifying residents. Therefore, all voting was null and void and the CC&R’s remain intact as they were originally written and are available online. Two residents spoke up and said they did not know the meeting “didn’t count” and were operating as though the amendments to the CC&R’s were in effect and asked that we publish on the website and/or via other means that the voting/changes from March 2010 were not in effect.
Enchelmayer called for a motion to accept the abbreviated minutes and explanation about the meeting last March. Motion was made. Motion was seconded. Motion passed with majority “aye” and none indicating “nay”.
Enchelmayer took a moment to also read the Treasurer’s report and explain the numbers in each column and to what company/individual what amounts were paid. He used the current 2011 numbers (for January, February, and March), but also had a copy of the 2010 numbers. These were available on the front table for anyone to look at after the meeting.
The fourth order of business was the reports of officers. Enchelmayer explained that the President was ill and there was no report available. Enchelmayer then explained that the Vice-president’s position was vacated (due to a move?) and no report was forthcoming. Enchelmayer went on to explain that the original Treasurer had moved, then an interim Treasurer took over, and finally, late in 2010, the Board had welcomed Lori Bodinger as a member and Treasurer. Enchelmayer, Riley, and Curtis all praised Bodinger’s work and agreed her competence in the position was an asset to the community. Enchelmayer basically stated that in his position as Secretary he had kept minutes of all the meetings he had attended and they were posted on the Cove Landing website. He also helped prepare letters in a couple of instances and the flyers for distribution for the evening’s meeting. Cove Landing resident Robyn Jones raised her hand and advised that the most recent meeting minutes were not showing up on the website (link appears broken). Cove Landing resident Larry Burnett concurred that the minutes were not showing. Enchelmayer indicated he would notify web-master Terry McCormick.
Reports of committees was next and Enchelmayer indicated there was an “ad hoc” Building/Grounds committee that convened when President Witherell received a letter about a building or structure renovation. All submissions in 2010 were discussed at a board meeting and approved within the time guidelines outlined in the CC&R’s. Enchelmayer mentioned the Holiday Decoration committee and it was noted that the 2010 winner was not present at the meeting. Enchelmayer went on to the Welcome Committee and noted that for awhile, Cove Landing resident Gayla Baker was a one-woman welcoming committee, but was not sure if that was still the case. Board member Gerald Riley spoke about a Neighborhood Watch program in association with the Security Committee. He explained some suspicious occurrences that had taken place in 2010 in the community and his (and others) efforts to thwart wrong-doers. Riley was asked to explain the use of the cameras (and he did). Riley also passed around a sheet and had several residents sign up to participate in his efforts to further secure our neighborhood. No other committee reports were available.
In the area of “unfinished business”, the floor opened up to several items. Resident Larry Burnett and his brother, also a resident, and resident Ron Chenault asked for clarification of names in the CC&R’s. Specifically, Ron Chenault wanted to know who was GRANTOR and who was DEVELOPER. Enchelmayer and other board members did not know a specific name for each, but a copy of the CC&R’s provided by Bodinger indicated that GRANTOR was Black Ink, Inc. with Jim Knight listed as president. No one knew if DEVELOPER included Knight or if that name referred to the person/contractor/builder who developed a lot (i.e., built a house on it).
Another “unifinished business” item was a clarification on how we *can* change the CC&R’s. There is a mechanism in the CC&R’s for changing/amending CC&R’s, but it is highly discouraged. Chenault and the Burnett Bros. were most interested in this option. They also wanted to talk about lawyers and how many the Board paid and/or retained. They also wanted to know if we could have a real estate lawyer come talk to the members and answer questions.
One resident brought up the issue of the flood zones and the meeting directed by Gregg Long. Enchelmayer pointed out that meeting was technically not a CLHOA-sanctioned meeting, but did agree that it affected the entire neighborhood. The resident wondered what had taken place since then and the Board agreed the best person to contact was Gregg Long since he initiated the first meeting of those homes affected by the new FEMA flood maps and flood insurance.
The last item the Secretary is going to mention under “old business” is the mailbox issue. The Burnett Bros. and Chenault wanted to discuss mailboxes with no newspaper hole built into them. They want all CC&R’s to be enforced across the board at all times. While this idea is overwhelming and exhaustive – as pointed out by several board members – it’s also not conducive to creating a positive atmosphere in the community. Further (as later pointed out by Enchelmayer), the most basic reason for the Board’s existence is the preserve and/or increase the property values in Cove Landing and maintain a first-class residential development. The holes for newspapers in mailboxes do not increase/decrease the value of a home or the community. Therefore, that is a low, low, low priority for the Board. Enchelmayer stated that the Board is working on priorities with regard to enforcing the CC&R’s and the one that has been first and foremost is simply the collection of the $50 annual fee. He and Bodinger pointed out that collection has been better, but we’re not at 100% — where we should be. Larry Burnett asked if we had ever taken a lien out on a home to enforce a penalty and Enchelmayer indicated that we had not, but the process was in place and, as the most recent flyer announced, the lien process would begin in the fall quarter of the 2011 year. Annual fees are “late” on Friday, 01 April and will be assessed a penalty through 30 June with additional penalties added on 01 July leading up to a possible lien on a property…all as outlined on the flyer and decided on by the Board.
Enchelmayer and Curtis took a moment to discuss developing a list to let residents know when/if they are out of compliance with a CC&R and that the Board, once annual fees are somewhat under control, will be working on a compliance check sheet in the near future. Residents seemed to like the idea of such a sheet. One resident pointed out that the Board will need to send compliance notices via certified mail and there will have to be at least three notices sent before beginning any legal (to include a lien) proceedings. This should be verified with the CC&R’s AND with REAL Properties AND with an attorney.
Board member Gerald Riley attempted to further explain the situation with the newspaper slots on mailboxes and how several homeowners bought homes they would assume are built (or modified) in compliance with the CC&R’s and stated how impossible it is to “catch” something as minute as a mailbox hole when purchasing a new home. Again, Riley’s point was well-made in that in the “grand scheme of things” mailbox holes are not a priority for the Board to consider in the context of the Board’s duties.
Finally, on to NEW BUSINESS. The first item for new business was the election of board members. Enchelmayer explained the basic duties of Board members and what they do. Further, he noted that no board position was ever guaranteed and that each person was “up” for re-election to Director slot and that 5 to 7 slots need to be filled. Enchelmayer also pointed out that while Jane Witherell was restricted to term limits on the presidency, she was a knowledgeable and valuable participant on the board and it would be foolish to not include her. Enchelmayer stated that Director Tim Henderson would not mind being replaced and he did not know the status of Director Scott Savage. Enchelmayer explained the valuable efforts of Treasurer Lori Bodinger and noted that because she was asked by the Board to fill out the term of another person her position as Treasurer should be intact for a complete 2-year term, per her agreeing to keep doing that job. Enchelmayer introduced all of the current board members and asked them to state what street they lived on in the community.
Enchelmayer opened the floor for nominations and/or volunteers. Immediately, those in attendance asked for Jane Witherell and Lori Bodinger to be included on the list. Nancy Curtis and Gerald Riley were also both nominated and all three (Jane was not present) indicated they would serve again if elected. Enchelmayer added his name to the list at the urging of one or two others. Robyn Jones was nominated. Ron Chenault volunteered. Randy Roush was nominated by someone else. This brought the number to 8. Enchelmayer removed his name and asked if anyone would make a motion to accept the 7 by acclimation. Motion was made. Motion was seconded. Motion carried by those voicing an “aye” and there were none who said “nay”.
Those Cove Landing residents elected for service on the 2011 Board of Directors are as follows:
Jane Witherell, Lori Bodinger, Gerald Riley, Nancy Curtis, Robyn Jones, Ron Chenault, Randy Roush
Enchelmayer stated that the next Board meeting will be Tuesday, 05 April, at 11:30 at the Brangus Feedlot in the back room. At that meeting, Jane Witherell will preside initially until officers are elected from among the Directors.
Other new business included Ron Chenault asking for a committee to explore the fire rating for Cove Landing and how we might petition Pottsville for primary coverage to lower our rating and, subsequently, our insurance costs. Ron received 2-3 volunteers to join him in exploring options. Chenault indicated our fire rating is a 9 because we’re tied to Crow Mtn Fire Dept. Another resident pointed out that individual insurance companies write the policies and some will grant a 6 while others said they have a 5 rating. (?)
Another resident asked about lighting on Walleye. Enchelmayer and Riley explained that reasons ranging from residents on Walleye wanting that street dark to the lights being tied to box locations to lights needing to be purchased in groups of 4 as reasons why no lighting appears on Walleye.
Treasurer Bodinger asked that residents respect the greenways within Cove Landing and that they also not dump lawn/grass clippings and brush on lots that might look empty but are, in fact, the property of other residents. This is apparently common for the lots on Pike separated by the ditch running behind them (on the Sturgeon side).
No other new business was proposed. Enchelmayer stated the current Treasurer’s report was available to see on the table at the front (no one even glanced at it).
Meeting adjourned at 8:30.