Minutes of the Annual Meeting of
The General Membership of
NBRC Property Owners Association
November 12, 2013
The Annual Meeting of the General Membership of the NBRC Property Owners Association, a Texas nonprofit corporation (the "Association") was held at Hoffmann Lane Elementary School, 4600 FM 306, New Braunfels, Texas 78132, pursuant to call by the President of the Association.
Directors Present: Brenda Stoeck, Priscilla Bertolio, Rose Miller, and Carmen Horn
Also Present: Tom Newton, association attorney; Kem Morales, association manager, and additional administrative support staff of Association Management Services
Call to Order: The meeting was called to order at 7:10 p.m., the President being in the chair and the Recording Secretary present.
Quorum: There are currently 1732 lots within the NBRC Property Owners Association. There were 428 property owners present in person, by electronic ballot or by proxy. The quorum requirement of 10%, or 173 members, was met.
Proof of Notice: Notice of the Annual Meeting was mailed to the membership on October 11, 2013. All but one member present indicated they had received the notification.
Approval of Minutes: It was moved and seconded to approve the amended minutes of the November 14, 2011; motion carried with one opposed. It was moved and seconded that the minutes of the November 12, 2012 be approved as presented; motion carried with one opposed.
Introduction and Opening Remarks: Ms. Stoeck introduced the Board of Directors, Mr. Newton and Ms. Morales; and thanked the members for attending.
President’s Report: Ric Hastings called a Point of Order to approve the agenda. It was noted that the agenda is approved by the board and does not require further approval. Ms. Stoeck mentioned items the board has worked on this year, including improving the communication of information to the members. Marquees, the east side bulletin board and Facebook are included as avenues of communication. The Website continues to be the most informative as association information, including the newest communication tool, the River Chase News Stream quarterly newsletter, is stored on the website. Also available on the website is a Frequently Asked Question section. Board meetings are open to the members and all were encouraged to attend. Ms. Stoeck recognized property owners June Bourgeouis and Kaye Gulen for receiving first place this year in the New Braunfels Utilities drought tolerant yard contest, which resulted in a $700 credit toward their water bill. The River Chase Gardeners were recognized for installing a Certified Monarch Waystation next to the clubhouse fence to help increase the declining Monarch population. The Bylaws were amended by the board to reflect the election of the Architectural Control Committee by the membership of the association. There were several repairs to aging facilities this year including two on the river park road: the removal of deteriorated asphalt from two areas then replaced with concrete and the removal of a culvert in a compromised section of the road then restructuring using three culverts to increase the water flow capacity. The broken and beyond-repairable residential grade equipment in the fitness room was replaced with commercial grace Precor pieces. The surface of the tennis court was repaired and the net replaced. The exterior of the clubhouse was painted and stained. Two cameras were installed at the pond area due to abuse of wildlife and vandalism of the barn. An industrial door closure replaced the Kant Slam gate closure on the fence around the pool/clubhouse area.
NBRC Property Owners Association
Annual Meeting of the General Membership
November 12, 2013
Page 2
The membership was surveyed by the Capital Improvements Committee to determine what new improvements members would like to have added to the common areas. 470 surveys were returned and the results included a new basketball court by the existing tennis court, shading around the existing pool, and a playscape near this same area. There are no immediate plans to request a special assessment approval necessary to add these improvements. All ACC files are now stored electronically.
Financial Report: Priscilla Bertolio, Treasurer, gave the financial report utilizing the financials for the community through September 30, 2013. Ms. Bertolio told members that the legal fees paid by the association to date for lawsuits is $22,407: The $1,000 deductible for the suit filed against the association in 2007 for issues related to storage and workshop buildings; $4,407 for the lawsuit filed against an owner for setback violation determined by a form survey, and; $17,000 for the lawsuit filed against an owner for their unfinished, unapproved house and outbuilding. That owner is currently in contempt of their settlement agreement. A spreadsheet was provided that contained legal and related expenses from both general ledger and or unaudited financial and the audited financial statements from 2008 through 2012, and unaudited to date figures in 2013.
Election: Ms. Stoeck announced there are three positions to fill at the meeting: two Board members and one ACC member. The nominees are Priscilla Bertolio, Gerard Sala, Charlotte Shannon, Clifton Wells, and Bill Wiehl for the Board of Directors. The nominees for the Architectural Control Committee are Doug Carvel, David Cherry, and Hilda Munch. The floor was opened for additional nominations. There being no nominations from the floor, nominations were closed. Each nominee was given four minutes to speak to the audience and respond to questions. Ballots were collected and three property owners were appointed to oversee the voting: John Reaves, Harry Maltby, and Kim Wright. The results of the votes were Clifton Wells and Bill Wiehl elected to the Board and David Cherry elected to the ACC. Each will serve three year terms.
Ms. Stoeck thanked all of the committee volunteers in the community then encouraged each committee chair to present a report:
§ Architectural Control Committee – Milton Bertolio reported that the committee processed three hundred ninety-three (393) applications since last years meeting. Ten (10) resulted in a denial. There are sixty-seven (67) new homes approved this year bringing the total number of approved homes to eight hundred ninety-three (893).
§ Communications – Carmen Horn stated that the effectiveness of any organization is exactly proportional to how good its communication is. The great turnout at the meeting indicates the community is open to good communication. The second edition of the newsletter, the River Chase News Stream will be posted November 15. She thanked all who contributed photos and articles for the newsletter. Other communication vehicles include the Facebook page that provides a venue for information and discussion among neighbors; the website, and marquees. She thanked Nathan Booth and Dawn Cherry for their service as webmasters during the past year. She thanked Mary Ann and Harry Maltby for their faithful service on maintaining the marquees. She invited members to the next meeting of the Communications Committee meeting scheduled for January 14.
NBRC Property Owners Association
Annual Meeting of the General Membership
November 12, 2013
Page 3
§ DCCR Review – Dr. Julie George and other members of this committee are working to create one New Braunfels River Chase Property Owners Association DCCR from the current 10 unit DCCRs by clarifying the language of the DCCR, incorporating current Texas Property Code changes, and incorporating changes they expect the 2/3 majority of the members want. Recommendations of the committee have been incorporated into a first draft of a single DCCR. That draft is now being reviewed and discussed on a line by line basis by the entire review committee to create a proposal which will be submitted to the POA membership for review, comment, and potential revision before voting begins on the new DCCR. Any changes or amendments to the DCCR must be approved by a two-thirds (2/3rds) vote of the POA membership. Suggested recommendations for change or inclusion should be sent to . Their next meeting is Nov 19.
§ Events Committee – Mary Ann Maltby indicated the 2013 River Chase Fall Festival was one of the best celebrations of the year. She thanked all those who joined together to make this so special. Under the skillful direction of Erik Boatman, the volunteers created a scary adventure for all in the Haunted Barn and Vortex Tunnel. The Costume Contest and Trick or Treat Along the Trail were enjoyed by more than 100 children. Prizes were awarded for the best costumes and tables. Popcorn was provided and kids also enjoyed jumping in the Sponge Bob Castle. All of the volunteers were thanked for their more hours of contribution to the success of this event. She reminded everyone of the December 20th adult potluck and of Santa’s upcoming visit to the clubhouse.
§ Neighborhood Watch – In June of this year Susan Shirley-Menzel agreed to spearhead the Neighborhood Watch effort with the support and assistance of the board and other members in the community to include those willing to serve as block captains. The Comal County Sheriff Department and Crime Prevention Deputy Adam Pastrano will assist with the program and in August spoke to thirty-one (31) River Chase owners and four (4) River Oaks owners attended a meeting. A communication piece is being developed to encourage community participation. There was also a National Night Out event at the clubhouse on October 1st.
§ Emergency Services – Ms. Shirley-Menzel reminded the members that River Chase is a FireWise community and as this must be renewed each year she needs to be provided dollar amounts spent during the year by property owners for landscape items such as rock, a hired landscaper, mowing costs, etc.
The Board of Directors recognized Mary Ann Maltby as Volunteer of the Year for her contribution to the Events Committee. Appreciation was given to Ray Cook for his 7 ½ years of service on the Architectural Control Committee and to Erik Boatman for his continued work on the Haunted Barn at the Fall Festival.
NEW BUSINESS:
Dues Increase: There is a proposed increase to the current annual maintenance fee. The proposed increase to the annual maintenance fee will fix the annual rate at $200. The results of this ballot will be calculated at the 2014 Annual Meeting of the River Chase POA members.
Proposed DCCR Amendment: There is a proposed amendment to Article VI, Section 6.02(d) of the Declaration of Covenants, Conditions and Restrictions for all units in River Chase. The proposed amendment to the DCCR is to give the Board of Directors the authority each year to adjust the maintenance charge as much as 10% above the prior year’s maintenance charge if they feel it is necessary to meet the financial obligations of the association. The results of this ballot will be calculated at the 2014 Annual Meeting of the River Chase POA members.
Nominating Committee: Dick Bigelow and Rose Miller will serve on this committee this year with Ms. Stoeck serving as the chairperson.
County Road Resurfacing: The Comal County Road Department notified the board that the roads throughout River Chase are scheduled to be resurfaced in 2014. More information will be posted as it becomes available.
Proposed Bylaws Amendment: Ric Hastings presented a Bylaws amendment that would require the board provide a membership review and comment period between the public announcement of a major change to the Bylaws and its approval, or a board vacancy and its replacement. Members were given an opportunity to vote and the amendment passed.
Adjournment: There being no further business, the meeting adjourned at 9:30 p.m.
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Kem Morales, Recording Secretary