Unapproved Minutes of the 2019 LLPOA Annual Meeting

Transcription

1 The LLPOA Annual Membership Meeting was called to order at 10:00 a.m. on January 19, 2019, at the Nelson City Hall. Board members in attendance were Paul Feldman, Tom Thomason, Paula Campbell, Tina Kleuckling, Denise Costa, Randy Meadows, and Doug Dabbs. The primary goals of our Annual Meeting, as shown on your copy of the agenda, are to: Welcome new members to the meeting. Provide the membership a report on the operation of the corporation. The election of the 2019 LLPOA Board. Comments from the membership to the Board. Unless your input is requested during the meeting, we ask everyone not on the Board to hold their comments until the Comments from the Membership portion of the meeting. Please note that all questions related to parliamentary procedures shall be settled by Robert s Rules of Order, when they are not inconsistent with our by-laws (Article VII / Section 5. The general membership was welcomed to the meeting. New Members were recognized and welcomed to the meeting: John Strongman and Debbie Armour Bob and Annette Richardson Kevin Berry 16 property owners attended the meeting which met the requirements for a quorum. A motion to approve the minutes from the December 11, 2018 Board Meeting was made by Tom, seconded by Doug, and approved by all members of the board in attendance. Officers Reports Treasurer: Paula Campbell provided her end of year financial report and 2019 projections. The topics were as follows: Income and Cash Flow Delinquencies Projections for 2019 A copy of the Treasurer s Report of 2018 Results and 2019 Projections is contained in Appendix A of this document A motion to accept the Treasurer s report was made by Randy, seconded by Tom, and was approved by all members of the board in attendance. 1

2 Vice President and ACC Chairman: Tom Thomason Web site conversion to web hosts new platform ACC activities: In 2018, letters from the ACC were sent to address complaints of covenant violations from our membership. Efforts to resolve some of these are still in progress. Scope of ACC responsibilities: The ACC is not intended to perform a law enforcement function within the community. It is pointed out that any issue concerning loud music, dog nuisances, moving traffic violations, etc. are the responsibility of law enforcement. All of these issues are violations of city/county ordinances and should be handled accordingly; either resolved hopefully in an amicable manner between the neighbors themselves, or if this not possible, then reported to authorities by calling 911. Contact numbers are provided on our website under the link Important Phone Numbers. The ACC will continue to enforce covenant violations such as improper signs, cars parked on lawns, unapproved construction, visible trailers, improperly stored vehicles, etc. ACC issues which property owners may not be aware: Accumulation of garbage or trash on properties. Storage of equipment in driveways and toys and lawn equipment in front yards. Placement of structures on properties without ACC approval. Placement of Split Rail Fences in front yards are supported by our covenants (with ACC approval). Vehicle and trailer parking in street, yard, or lawns. Tree removals without ACC approval. Signs placed on properties. Quality of life disturbances. Rental properties. Actions to take now to make geese less of an issue later. We are suggesting that all members have a spring cleaning in their yards this year to improve the overall appearance of our neighborhood. 2

3 Secretary: Tina Kleuckling Committee Reports: Community Activity Committee Report: Martha Fast (presented by Paul Feldman) Each of these items presents an opportunity for those that would like to be involved in community activities: Summer Lunch Programs and Christmas Drives: Due to the low participation level in 2017, last year we asked members to donate directly to local area civic organizations. A number of our members donated directly to the MUST ministries throughout the year. Thanks to all LLPOA Members that were able to participate. Anyone wishing to join the LLPOA Bunco group should contact Barbara Grove at This is a great way to meet your neighbors and have some fun nights out. ROMEO Club (Retired Old Men Eating Out): A few of the retired men in Laurel Lake share breakfast on Tuesday mornings (currently at Cracker Barrel at 9:00 am). The typical cast is Ike Grove, Lamar Kellett, Tom Thomason, with Jack Tilley and Paul Feldman joining as they can. Most mornings we discuss anything other than politics and religion. Contact Tom or Paul for particulars if you would care to join us. Lake Committee Report: Paula Campbell There has been no Lake Committee activity this year. The lake appears stable, with the trash rack installed a couple years ago continuing to do a good job. The ACC requested removal of a tree in the lake by a lake lot property owner who responded in a very positive manner and removed the tree. 3

4 President s Report on the Operation of the Corporation: Paul Feldman Finances: Expenses Front Entrance area: our maintenance agreement with Fresh-Cut remains in force and no unplanned maintenance expenses were incurred. All bills related to operation of the association have been paid on time. We continue to operate with a positive cash flow on an annual basis. Income: As stated in the financial report, 96.2% of our members have paid their maintenance fees last year which is the highest since The increase in collections is due to Paula working with members that were in arrears with their payments. Continued efforts to collect these fees will be made with the property owners. If they are not collected, liens will be placed on the properties for the amount of the fees and all associated court costs and attorney fees. Prior to setting our 2018 annual maintenance fees, the following considerations were taken into account by the Board: The Board developed a worksheet that indicates a likely financial impact if we reduce fees prior to renewal of our covenants in As custodians with a fiduciary responsibility, the Board felt they needed to maintain our annual maintenance fees at their current level until our covenants are renewed. These items were discussed in our March 2018 Board Meeting and input was requested from the membership in attendance. LLPOA Accomplishments in 2018: Maintenance fees remained at $90.00; they have not increased since Past due maintenance fees were collected from several members. Ongoing support of MUST Summer Lunch and Christmas programs. We once again shared our Laurel Lake Street Evaluation presentation with the City of Nelson. The City advised they have worked with Cherokee County to evaluate the streets in Nelson and evaluated upgrades to them in a prioritized manner. Formation of our Covenant Renewal Committee, which met with our attorney to define the events and processes needed for covenant renewal in Our web host has required us to move our LLPOA website to a new platform. The new platform is more aligned with for profit businesses which somewhat complicates using it for a nonprofit such as our HOA. Tom has worked with them and is still tweaking our site on the new platform. Access to the site may be limited at times until all needed changes are completed. 4

5 Update on Covenant renewal On August 21, 2018, Paula, Tom, and Paul met with our attorney to discuss covenant renewal. The purpose of this meeting was to gather information needed to develop the milestones and timelines needed to renew our covenants. History of LLPOA Covenants: August 8, 1990: Initial recording by Lawson & Quarles Inc. (20 year term). November 27, 1990: First Amendment to the Declaration of Covenants by Lawson & Quarles Inc. and Fred H. Talley Inc. (20 year term) June 24, 2010: Renewal of covenants by the LLPOA (10 year renewal). The deadline for renewal of our covenants is 7/12/2020. A joinder document will be developed by our attorney for each Laurel Lake property. Each property owner will either accept or reject covenant renewal. Laurel Lake has 116 lots, to meet approval requirements we will need a minimum or 80 property owners agreeing to renew our covenants. These documents will be available for signatures by all members that attend the 2020 Annual Meeting. The remaining joinder documents will be mailed to members that do not sign them at our 2020 Annual Meeting. If covenant renewal is not agreed to by the membership: The LLPOA covenants would no longer be enforceable; this will impact each property in our neighborhood in many ways. o Significant property / home maintenance or quality of life issues would have to be evaluated to determine if they could be addressed as violations of the City of Nelson code. o Not having covenants may have an even greater impact on members that own lake lots (our covenants would no longer mandate the financial responsibility of dam maintenance be shared by all lake lot owners). Our attorney advises us that Georgia case law has adjudicated that these fees for HOA property owners are still legally enforceable. This is due to our common areas (i.e. front entrance) benefiting all LLPOA property owners. Due to these items, the Board sees no financial gain for Members that vote against covenant renewal. We do expect they will see a more rapid deterioration of our neighborhood which will result in losses in property values due to our covenants not being enforced. Each property owner would still be accessed an annual maintenance fee to fund maintenance of the front entrance and the operating costs of the LLPOA. The primary advantage of renewing our covenants is that we can continue to use them to address issues that would otherwise impact our property values. The nonprofit LLPOA would remain in place and be managed as per our bylaws. The Board feels very strongly that covenant renewal is in the best interest of all of our Members. We will do everything possible to have our covenants renewed. Please discuss this with your neighbors and encourage them to support covenant renewal. Please contact any Board member if you would be willing to work with the Board in this effort. 5

6 Willingness of Membership to serve on the LLPOA Board By a show of hands, how many in attendance today feel the LLPOA is a good idea and helps maintain property values in Laurel Lake? All in attendance raised their hands. By a show of hands, how many in attendance today, that are not on the Board are willing to serve on the Board? 3 raised their hands The Officers on the Board have served an average of 8 years each and the Members at Large have served an average of 4 years each. Many Members who are no longer on the Board also served for many years. After multiple requests for other members of our association to serve, we continue to have the same members on the Board. I am sure that most in attendance today realize that the front entrance maintenance, utility bill payments, collection of LLPOA fees and ACC support do not happen without people being involved. We need volunteers to help us in this effort and to lead the LLPOA going forward. Unless members of the Laurel Lake community volunteer to serve, the 2019 Board will conduct a study to determine the viability of continuing the LLPOA. Prior to spending $1, this year to begin covenant renewal, the Board needs to determine if there is any willingness of the Membership to serve on the Board going forward. A short questionnaire about serving on the Board (and posted return envelope) will be included with the mailing of follow-up letters to the annual meeting update letter to the membership. This study will be completed and discussed with our Attorney and the membership before covenant renewal efforts begin in June, Tom stated that he and other Board Members are willing to work with anyone willing to work on the Board to help them work into a Board position. If you feel that you want Laurel Lake to remain as it has been for many years, please contact any Board Member and let them know you are willing to serve on the Board. The lack of participation by over 90% of the membership will have a greater impact on the future of the LLPOA than the 2020 Covenant Renewal. 6

7 Election of the 2019 Board Part of the annual meeting is the nomination and election of the Board for the current year. The volunteers that have supported the association over the years have been responsible for our success. Their efforts have allowed us to keep the association fees low as compared to other POAs. The core members of the LLPOA Board have served for many years and we want to encourage others in our community to serve on the 2019 Board. Without volunteers, we will need to look at other ways of managing the LLPOA. To be a community, we need for more members to become involved in the operation of the Association. This includes the Board, ACC, and the Community Activity Committee. Voting requirements: Volunteers were requested to form a committee of 3 inspectors of election. Inspectors may not be a candidate nor move or second a motion to be voted upon. Certified copy of the election results will be signed by the inspectors. This document will be added to the minutes of this meeting. Inspectors will count the ballots and tabulate the results. Inspector 1 = Lamar Kellett Inspector 2 = Ike Grove Inspector 3 = Brenda Feldman Nominations for each Board Member position were made and added to the ballots. Ballots were cast by the membership. Ballots were counted and certified by the inspectors as shown in Appendix A. Election Results for 2019 Board: Election Certification Document is in Appendix B President: Paul Feldman Vice-president: Tom Thomason Treasurer: Paula Campbell Secretary: Tina Kleuckling 2 Year Member at Large: Denise Costa 1 year member at large: Randy Meadows 1 year member at large: Doug Dabbs is finishing the second year of a two year term. 7

8 Recommended Goals for the 2019 Board: Update our worksheet that indicates the likely financial impact if we reduce fees prior to renewal of our covenants in Set annual membership maintenance fees for Poll the membership to determine if we can find volunteers to serve on the LLPOA Board and conduct a study to determine the viability of continuing the LLPOA. This needs to be completed and discussed with our Attorney and the membership before covenant renewal efforts begin in June, Prioritize and schedule the events and processes needed for covenant renewal in Our Attorney begins in July to research of each property title and development of a joinder document for each one. Have all joinder documents ready for signatures at our 2020 Annual Meeting. Continue efforts to receive past due maintenance fees thru the magistrate courts. Renew or rebid the maintenance contract for our front entrance. Follow-up with the City of Nelson on their plans to repair the streets in Laurel Lake. Support Community Activity Committee: Encourage members to participate in MUST PB&J and Toy drives as well as other community based programs that help the needy in our area. Encouraging the membership to reach out to their neighbors that are experiencing age and health related issues. Reimbursement of Expenses to Board Members: Paul Feldman requested reimbursement of $ for the following expenses: $110.00: 01/05/2019 USPS postage related to the mailing of membership letters for the Annual Meeting. $143.08: Printer paper, ink, and envelopes. Paula Campbell requested reimbursement of $78.77 for the following expenses: $6.05 Card stock paper (Walmart) $6.36 Cutting fees (Staples) $60.00 USPS postage for annual maintenance fees statements A motion to approve these expenses was made by Denise, seconded by Tom, and was approved by all members of the board in attendance. 8

9 Covenant related questions / comments from earlier in the meeting: Byron Fast stated that he felt our covenants were somewhat vague in some areas. He asked if we could address this when we renewed our covenants. Paul stated that modified covenants would require a 100 % approval by the membership for renewal. If they are not modified, renewal would require approval by at least 2/3 (67%) the membership. John Strongman asked if covenant renewal was a majority rules for renewal. Paul said this was not the case as renewal will require approval by at least 2/3 (67%) the membership. Open Comments from the Membership Robert s rules of Order and 5 minute time limit apply to speakers Topics are restricted to those directly related to the LLPOA. Chairman will time each speaker and give a 1 minute warning. Raise hand to be recognized. State your name and where you live. Kristina Johnson: Asked about the removal of trees by GDOT on the 515 Access Rd. and the increased noise in the Cypress Cove cul-de-sac caused by the tree removals. Paul and Tom committed to meeting with her and Stephen to view the location and discuss any action the LLPOA could take to help. The Board also mentioned the Sand and Salt Bard and discussed our efforts to address this DOT project. John Strongman: Stated that he likes the appearance of the front entrance, the subdivision, and what we are doing to help maintain it. John suggested planting trees to address DOT issues and Tom said this has been considered, however, with right of way issues it is a very thing to address with trees. John also asked if we could develop a recommended contractor list and Tom advised that it is available on our website. Stephen Johnson: Asked about a vacant house on Cypress Cove. Paul advised that it was sold to an investment company this year and that they plan to renovate and sell it. John Strongman asked if we could ask the investment company for a timeline for their renovations of this property and the Board felt that was a good idea. He also asked if we could have coffee at future meetings. 9

10 Kevin Berry asked if there is a common access point to the lake. Paul advised that the lake is only accessible and usable to lake lot property owners. Jeanne Frantz asked about our having a subdivision wide garage sale. Paul advised that we would discuss it at the March Board Meeting and vote on it. Paul Feldman thanked everyone for attending and participating in the association. A motion to adjourn was made by Doug, seconded by Randy, and voted to accept by all members of the board in attendance. 10

11 Appendix A: Treasurer s Report of 2018 Results and 2019 Projections Income and Cash Flow For the year ended December 31, 2018, the LLPOA collected $10,728 in membership dues, of which $1,438 was for prior years dues. The Association collected 96.2% of 2018 dues receivable, with 7 members dues outstanding, two of which are partially outstanding. Delinquent dues of $315 have been collected this month. Interest earned in 2018 was $7. The LLPOA s 2018 recurring operating expenses were $6,287 and other operating expenses were $738, for total operating expenses of $7,025. Net cash flow for 2018 was $3,709. The LLPOA has $11,037 cash in its business checking account, $21,533 in its money market account, and $920 in a Lake Committee Account for a total of $33,490 in cash. Total homeowners equity, including current year income, is $30,905. Delinquencies Taking into account the deposits made in January 2019, the 2018 delinquencies are $525, 2017 and prior delinquencies are $1,609 for a total delinquent balance of $2,134. Projections for 2019 Income projections for 2019 are $9,920 for member dues and receivable payments, and $8 in interest income from the money market account. Recurring operating expenses are forecast at $6,708, comparable to 2018 recurring expenses with the exception of a potential increase in the front entrance landscape contract which has had no increases for five years. Other operating expenses are forecast at $4,715. The 2019 forecast includes a nominal estimate for legal expenses of $1,250 incurred for court and legal costs for the purpose of collecting past due membership dues, and an additional $1,500 for legal assistance with the covenants renewal. Total expense is forecasted at $11,423. A negative net cash flow is forecast at ($1,495). 11

12 Appendix B: 2019 Election Certification Sheet 12

13 Appendix C: 2019 Annual Meeting Attendee List Last Name Barry Campbell Costa Dabbs Fast Feldman Frantz Grove Johnston Kellett Kleuckling Meadows Mulkey Richardson Strongman Thomason Address 2043 Laurel Cove 1014 Laurel Lake Dr 3069 Cypress Cove 2042 Laurel Cove 3036 Cypress Cove 3048 Cypress Cove 1009 Laurel Lake Dr Laurel Cove 3060 Cypress Cove 1005 Laurel Lake Dr Cypress Cove 3016 Cypress Cove 2046 Cypress Cove 3013 Cypress Cove 1024 Laurel Lake Dr Cypress Cove 13