CLEARMEADOWS COMMUNITY ASSOCIATION MINUTES for MEETING of May 11, 2011

Meeting called to order at PM by Carol Ivey, President

Other members present:

Duane Vincent, Secretary/Treasurer
Gary Moore, Director
Rosemary Tucker, TMG representative
Vacant-4th Director board position
Vacant-5th Director board position

Reading of the Minutes for April waived and accepted as submitted.

Treasurer’s report read and accepted as follows:

Treasurer’s report – meeting of May 11, 2011

Our balances include monies that have been collected as advance payments by homeowners through April 30, 2011.

Our US Bank Money Market Restricted Reserve Fund has $ 103,623.76 as of April 30, 2011.

The ending balance of Clearmeadows Community Association operations checking account with US Bank was $ 69,693.89 as of April 30, 2011. The following activity was presented against the account:

I have researched the property owned by Clearmeadows Community Association. 
According to the Clark County Assessor’s office, we own 11 parcels ranging in size from 100 square feet to more than 25,000 square feet – the largest of which is the pocket park.
All of these parcels are valued and assessed for tax purposes at zero dollars.   These properties are listed below:

Duane L. Vincent
Secretary/Treasurer

Homeowner Input:

A homeowner who lives on alley had her deed and docs reviewed and there is nothing to indicate she has any responsibility regarding maintenance of the alley behind her home.

Homeowner had questions regarding financial charges and reporting.  TMG will get answers to e-mails sent with copies to Board for clarification to all.

Homeowner asks for review of policy on the park fence relating to association obligation, rights, easements for maintaining and replacing.  Also clarification or changes in policy regarding CCR’s and resolutions on conformity in view of concerns about security for backyards due to night illegal use of the park and property values if non-conforming. Board will discuss in future meeting.

Homeowner observed and is concerned about violence and police activity at a home near his.  TMG to advise homeowner of additional violations of CCR’s and community standards.

Homeowner had questions about duties of being a director.

Compliance Report: submitted by TMG and reviewed

ARC Committee report-Carol

All approved:

18108 SE 23rd Street  fence, door painting, siding and siding paint
2416 SE 183rd Loop shed
2311 SE 177th  Ave  paint
18211 SE 22ns St. siding –colors to be approved later when submitted
Also porch repair and new shutters
2208 SE 176th  siding and paint

Delinquent accounts:  reviewed. 

Collections Report:   Accounts being held until the board gets a report on progress from the current collection agency.

TMG says it seems to be an industry standard that no reports are made, only payment if there is a collection made.  There is discussion about if that is acceptable.  To be under old business and a board member and TMG to check on other options regarding collection agencies and perhaps a different collection option altogether. 

Vacancies on the Board: 
4th and 5th position vacant.

Jon Bennett has volunteered to fill one of the vacant positions.  A warm welcome to Jon and thank you to Gary on your first meeting as a board member. 

Old business

Response to homeowner input from last month’s meeting;
The Board tries to check on any information given to us by homeowners in case we need to correct it or if the Board needs to change policy and practices to comply with rules.  We appreciate all input from homeowners.  There have been changes made from such input.
Homeowners may always send a message from the Clearmeadows web site which reaches board members and TMG.  Items may be added to the meeting agenda.
The board has made phone calls to get information to formulate a policy regarding areas of association responsibility to meet expectations of homeowners who buy in Clearmeadows.  A closed session agenda item will be discussion of asking the Association attorney for a legal opinion.
Information gathered includes the fact that ownership by an association is not a requirement for an association to provide maintenance and replacement of amenities in the community.
The Reserve Study consultant will remove any item from the study when there is proof given to the board or found by the board that the item is the responsibility of someone other than the Association.
Any proof should be sent to TMG.

With regard to alleged embezzlement; since the then manager took almost all data with him when he left town allegedly with some of the association funds, neither the board at that time, nor the auditor, nor the insurance company could find much proof of how much was taken. There was a police report filed at the time of suspected misuse of funds.  A copy of that report was ordered by a Board member and sent to Kappes Miller. The settlement was much more than the Board at that time expected because there was very little concrete proof available. The settlement was accepted upon advice of Kappes Miller and the insurance company now has control of the case against the alleged embezzler.

There was a period of no management between the alleged embezzlement and the hire of Kappes Miller The neighborhood had not been properly managed for some time and inspections were not made which is why there were 60 letters requesting compliance sent out all at once.  Since first letters are not fines, this was not a fines generating project.  The Board always prefers compliance to fines.

This board has taken steps to protect the reserve funds and also has set a policy that financial decisions will be made only at the meetings which are public. 

There has been no change in CCR’s or the policy of the Board regarding street parking.  The CCR’s say that by purchasing a home here, the homeowner agrees they will park on their own property.  TMG has chosen not to enforce that CCR as a conservative view and legal advice of their attorney.  If we change managers, or TMG changes their policy, the CCR will be enforced.

The CCR’s are specific that basketball hoops may not be left out in public view.

In managing 416 home inspections, it is likely that there will be an occasional addressing error and a letter may go to the wrong homeowner.  TMG always responds and clears the record in such cases.

Fines do not happen until there have been two previous letters in a two- year period.

TMG response regarding coverage for buildings.  “CAU confirmed the understanding that they make the policy very broad so that coverage does not have to be endorsed onto the policy and cause additional premium for something that could have been included to begin with, as standard, on the policy.  Their view is that if we have “other buildings”.. great!.. and, if not, we are not paying a premium of the coverage that is not needed.”

TMG tries to be consistent and any complaints by a homeowner are verified by TMG or a board member to be sure they are accurate.

Treasurer ordered  update of reserve study and make a request for basis of the recommendations made in the 2010 study

TMG was asked for basis of expenditures of $507.64 # 1108 as no recent mailing or many violations have been mailed.  When asked about this prior to the meeting, TMG replied via email to the Board  then that this is the transaction created at month end to pay TMG for the 50% of late fees, the NOIs (Notices of Intent) and the NSFs per the management contract.  An invoice is not created by Corporate as it is not known how much TMG is to receive until Accounting cuts the check based on the transactions.  This happens every month at month end. 

New business

David Smith has resigned due to work obligations.

Gary Moore was appointed by the Board as a new board member.

Jon Bennett was appointed by the Board as a new board member.

18008 SE 20th Way homeowner reported a broken vertical fence board.  The Board is gathering bids to repair it and several other boards which have fallen off due to rotted backing boards in homeowner’s yards.

Many thanks to the homeowner backing on SE 20th for placing new boards in the perimeter fence.  A board member will be painting the new boards early June.

Turf aeration proposal by Pacific Landscaping not approved by the Board this year.

Expenses:  permission for Carol to be reimbursed for stamps for mailing of ARC requests.

The next meeting is Wednesday June 15, 6:30pm at Fire Station # 9

Adjourned to executive session 8:00 PM
Reconvened regular meeting at 8:45 PM
TMG was asked to record decisions and take appropriate action as directed by policies and the Board on considerations made during the executive session concerning:
Hardship policy legal opinion review
Homeowner Hardship request
Homeowner objection to repeat violation
Homeowner request of review of delinquency
Review of “common area responsibility” and possible request to attorney for legal opinion
Homeowner request of review of accounting

Meeting adjourned at 8:55 pm.

Additional notes of possible interest to homeowners:
E-notice:  TMG has reported that about 175 homeowners have signed up for e-mail notices.

To sign up homeowners can register at the Clearmeadows Community website at www.TMGassociation.com or send an email to Rosemary at rosemary.tucker@tmgnorthwest.com so she can add their email address to their account.  TMG’s accounting system and website update each other, so if they have homeowner’s email address, they will get e-blasts whether they registered on the website or not.  But, if they sign up on the website, they can then view their account information, and all the information about the Association that is posted there. The website walks a person through registration, or if they run into difficulty, they can call TMG at 360/891-8060 for assistance.
We appreciate the volunteer who puts out and picks up the big signs in all kinds of NW weather.

Ever grateful to our WEB master for Clearmeadows.org.