19

Misty Meadows Property Owners Association, Inc.

Annual Meeting

31 May 2009

Minutes

Call to Order

The Meeting was called to order by Bill Yaglou, President, at 1:08 PM.

Roll call and Determination of Quorum

Proxies and members tallied and it was determined that a quorum was present with 32 lots represented in person or by proxy, only need 29 to have quorum.

Secretary’s Report

Bill reminded all that they received the minutes from last year’s annual meeting in the mail. Jim Dwyer made a motion to accept the minutes, Lynn Reichhardt seconded the motion. The motion passed unanimously.

Financial Report

Ann Dwyer presented the MMPOA financial status as of May 2009. Ann stated that we have $10,421.05 in our money market savings account and $7,797.20 in our checking account for a grand total of $18,218.25; $7,200 of that is from 2009 fees collected to date. As of the meeting, 36 out of 58 lots had paid 2009 yearly dues. Only one lot, #54, has unpaid dues for multiple years totaling $775. A motion was made to put a lien on the property and the community agreed. Bill said there will be a motion to hire a lawyer to put a lien on lot #54 but deferred that discussion until after the treasurer’s report was approved. Ann showed the current budget (for 2008-2009) and reminding folks that this was only a 10 month budget year due to the decision made last year to change the due date for HOA fees from January to June. Ann said that we have not collected any past due HOA fees and that we sold one remote for $24.00. Ann had brought 2 remotes with her in case anyone was interested in purchasing one. So far this year the HOA has earned $77.37 in bank interest. See the attached 2009 Budget for details.

The road expenditures were reviewed by Jim Dwyer, Road Committee Chair. Jim started off saying that this was a 10 month budget cycle and due to this being a mild winter, most of the budget allocated for snow plowing was not used. The Road Committee had to spread stone and scrape ice on a couple occasions, but no contractor snow plowing was done. The excess funds were used to purchase extra road stone and to finish paying for the community entrance gate. Overall, we came out ahead for the year.

Next Ann Dwyer reviewed other expenditures; (see budget for further details). Some of the expenditures included $170 for community day (food, paint), $25 in taxes, and $120.00 for 2 years of fees for the Misty Meadows website. The MMPOA checking account was charged $45.00; Ann reminded everyone that we have to keep a balance of at least $1000.00 in the checking account or we get charged $9.00 a month. The Association did not spend anything on printing and mailing.

Bill reminded lot owners that the road committee can use excess funds (e.g., funds not used for snow removal) in their budget on what they deem necessary. Bill also reminded everyone to pay their dues today because by tomorrow (June 1) they would be delinquent.

John Snyder motioned to accept the budget report, Sharon Wolfgang seconded, and the motion passed.

Road Committee Report

Community Day: Jim Dwyer started off with saying that we had 13 people show up for Community Day. Jim thanked those that came out even if they could only come out to help for an hour. Jim reviewed the work that was accomplished and estimated the cost savings to the community was at least $900.00 based on normal Road Committee reimbursement rates.

Road Conditions: Jim gave general comments on the roads stating that, in his opinion, the roads continue to be safe and passable and only minor issues/complaints were received from the community during the past year (e.g., a tree had fallen across one of the roads). Jim asked the lot owners how they felt about the road maintenance or for any safety issues. Anne Groveton said that when she went to the tax office they said that we had the best roads in any subdivision in Hampshire County. Jim reiterated that the recent additional road stone we purchased was affordable only because of the short, 10-month budget cycle this year. Dolores Earling said that people need to slow down so that the road stone didn’t get thrown off the road. Robin Reid mentioned that more road stone is needed on some of the roads.

Road Committee Activities: Jim discussed the activities the road committee plans to accomplish over the next year. Jim then highlighted the activities that the road committee must also do when the lot owners don’t (e.g., roadside mowing, culvert and ditch clearing, roadside branch trimming); these activities are required in order to protect the roads. A discussion about the need for lot owners to maintain their own roadsides continued. Bill reminded lot owners that if they maintained their own roadsides, this would save the association money because Jim and Denny Earling would not have to do it. Bill also reminded the association that the road committee will mow up to the tree line so that we can get the most sunlight onto the roads during the winter to help melt the ice and snow.

Jim mentioned other road committee special projects, such as maintaining the gate arm, and asked if anyone wanted to request anything additional of the Road Committee. Lynn Reichhardt mentioned that the grass is growing over the road down by her house.

Jim reviewed the cost of the activities that the Road Committee accomplished during the past year in order to provide insight to the community on how the road committee budget was spent. See the attached Road Committee report for more details.

Road Committee Reimbursement Rates: Jim reviewed the Road Committee reimbursement rates used during the past year. Bill reported that the Association Board decided to adjust (lower) the Road Committee reimbursement rate midyear due to the decrease in the price of gas; this was done at the request of the Road Committee. A motion was made and seconded to accept the current reimbursement rates as-is for the next year, and the motion passed.

Roadside Spraying: Jim stated that he plans to do the roadside spraying during the week of 15 June, but that he was not going to offer driveway spraying this year.

Gate Operation: Jim offered printed copies of the community entrance gate instructions for those that need it. He asked if anyone was having any gate issues. A discussion about real estate sales occurred and it was noted that the owners have the responsibility to get real estate agents to call in advance if they want to see a property within Misty Meadows. One solution suggested would be to put the houses on the website. PLEASE ONLY GIVE OUT THE CONTRACTOR’S CODE TO REAL ESTATE AGENTS. Bill said that he would email the listing of gate codes to the community members.

Jim initiated a discussion regarding one of the signs on the entrance bulletin board which requests persons needing assistance with the gate should call either Jim or Denny. Jim requested community clarification regarding requests from persons wanting to enter the community to drive by lots for sale. The community agreed that Jim and Denny should not give out the gate code in that circumstance, but should instruct the people to call their real estate agent.

Open Discussion on Road Conditions etc.: Jim initiated a discussion on general comments and issues regarding the road conditions. Several items were discussed.

  • The culvert along Mr. Dodge’s lot need to be cleaned up. Bill will contact him one more time before the association takes action.
  • A culvert across the driveway on Mr. Major’s lot needs to be installed.
  • Someone took some of the road committee stone that was being stored at the intersection of White Tail Crossing and Trails End. The stone pile was kept there as a winter supply for icy conditions, but Jim stated that he will not be doing that next year due to the theft.
  • Most speeding within Misty Meadows is done by residents. Everyone needs to slow down. Speeding cost all members money.
  • A resident mentioned that the trash truck comes through very fast.
  • Robin Reid agreed to contract the trash company and submit a complaint on behalf of the association.
  • Jim brought up the idea of doing 2 committee days, one in March and another in May. The March timeframe is the best time to get leaves out of the roadside ditches, before the heavy spring rains can causes road washouts. This may be attempted in the future if community involvement increases during the Community Days.

Sign/Road Naming Committee

Dolores Earling provided the following update: No change since last year. The process of road naming and installation of the new signs is still an on-going project. Signs have been made and installed. All roads have been given names now. At the present time the Post Office in Charleston has the list of names, which they are reviewing. Jennifer Swisher of 911 Addressing and Road Naming is hopeful that by the end of the summer all will be completed, including the new addresses. Everyone in the county will be notified when the project is completed.

Gate Committee Report

Paul Sherman gave the Gate Committee report. The current gate video is not functioning, due to cooling system malfunction. The system is 1 ½ years old. Whenever the power went down the system went down. Paul proposed purchasing a new system at the cost of $850.00. Paul said that he has more experience now and will be able to trouble shoot issues before they become expensive problems. Denny Earling mentioned that if we spend more money now, a year down the road we will be spending it again. Paul countered that as technology develops so does the reliability of the systems. The new system would have a warranty of 90 days. There was a suggestion to put the video equipment in a bigger box at the gate so the heat doesn’t get trapped in and burn out the equipment. Paul also put the idea on the table about installing DSL. Ann asked if it would be cost effective to look at an outside company, like Capon Security. Bill asked Paul to look into it and compare short and long term cost of doing it ourselves ( buying systems every few years vs. having a company on retainer). Paul said that he will continue to maintain the system, but he wants to be reimbursed for his time. Bill and members agreed. Ann suggested that we use the special projects fund to pay for the new gate system.

Paul motioned to amend the budget to increase the Gate/Supplies budget line from $900 to $1150. It was decided that the board would make a decision once the analysis of alternatives is received back from the private security company.

Web-Site Committee Report

Bill requested someone volunteer to be the website administrator. Melissa Pelton and Robin Reid agreed to help maintain the webpage.

New Business

Ann reviewed the FY 2009-2010 budget. A lien will be put on lot #54 at a cost of $500.00 for retainer of a lawyer. Ron Pelton asked how the fees would be collected if the property was sold. Bill responded that the lien would have to be paid when the property sold unless it is sold for taxes. The budget was approved by the membership.

Elections

Vice President – Dolores Earling unanimously elected for term 2009-2011.

Secretary – Diana Shally-Grolimund re-nominated for second term, 2009-2011.

At Large Member – Robin Reid unanimously elected for term 2009-2011.

Violations of association covenants

Bill reviewed the main points of our Restrictive Covenants. Everyone should have received a copy of both the By Laws and Covenants when they purchased their property. Both are posted on the Misty Meadow’s website.

  • Pages 1-3 are general legalese about the association and definitions.
  • Page 4 Article III is about membership and voting rights and Article IV is about property rights mostly for the Developer.
  • Pages 5-6 Article V deals with the right of the association to assess and collect dues, the responsibilities of the Association and the restrictions with the dues. This Article also states that the Association has the right to place a Lien on non-paying lot owners. Those delinquent lot owners will be liable for not only their past dues but also interest and the Association’s attorney fees.
  • Page 7 describes the Setback Minimums and Utility Easements. Bill reviewed the restrictions for setbacks, roadways and utilities. He explained that every lot has a right to gain telephone and electric services even if that means that the lines go across another property owners land if it lies within the easements. One owner cannot prevent another from receiving those services. Bill also explained that the Association has worked out an agreement with the power company that we (the Association) will mow the road sides and, where possible, mow up to the tree line. The rational for this is to keep the roadside growth down to allow as much sunlight as possible to melt the snow and ice in the winter.
  • Page 8 describes the Residential use restriction and the requirement of only single family dwellings to be at least 800 square feet minimum area. All construction must be closed in within one year. There should be no single-wide trailers, buses or mobile homes as a residence. No outside toilets nor junk and any unlicensed vehicles must be garaged.
  • Page 9 deals with Advertising, Agriculture, Commercial use, Nuisances and Waste. Bill spoke about the fact that owners are permitted to have animals, but owners are not permitted to run a livestock commercial business. Likewise, animals are not allowed to run free (including dogs) and that there is a limitation of at least one acre of land per grazing animal. There is to be NO hunting or discharging of firearms within the properties. Owners are responsible for their waste… that includes any trash that may be spilled by your trash collector.
  • Page 10 prohibits the use of trail bikes, mini-bikes, snowmobiles and ATVs on the roads or common areas. Temporary camping is permitted. Lot owners are not to block drainage.

Bill also explained his approach to any covenant violations. If you have an issue, first please approach you neighbor and talk through your concern. If at the end of a reasonable timeframe and if nothing happens, write an email to Bill explaining the situation, the covenant that you feel has been broken and describe the action that you have taken with your neighbor.

The first thing that Bill will do is review the covenant to determine if indeed there has been a violation. If there is a violation he will first notify the Board Members and then contact the owner and have a discussion. If the issue has not been solved he will follow-up in writing and if still no change has been made the Board of Directors will decide to take the matter to court or propose some other option.

Bill asked everyone to use commonsense and be neighborly. As President he does not feel that it is his job to get between neighbors as much as it is to manage the Associations resources, provide safe road passage and maintain the value of the sub-division.

A few questions were asked and members talked about some of the violations that they see today and the meeting moved into adjournment.

Closing Remarks

At the next annual meeting, the discussion will include raising homeowner’s fees. Please consider this notice given to the homeowners that this will be on next year’s agenda.

SAVE THE DATE – Sunday June 6, 2010, for our next home owner’s annual meeting.

Meeting adjourned.