Published Agenda
Greenehaven Property Owners Association
Annual Membership Meeting
November 17, 2007
AGENDA
Message from the President
Thank you to previous Boards and Officers and Volunteers
How we got here tonight
Call to Order
Introduction of Board Members
Warren Whisler, President
Mickey Carns, Vice President
Suzanne Schmaltz, Secretary/Treasurer
Jean Carns, Secretary
Cliff Biggs, Member
Minutes Annual Meeting, November 17, 2006
Review and Approve
Treasurer’s Report
Suzanne Schmaltz, Treasurer
Questions/Comments
Approval of Treasurer’s Report
Secretary’s Report
Jean Carns
Document Management and Archives
Recognition
Previous Chairpersons and Committee Members
Judy Edwards, Chairperson, Welcome Committee
Al Edwards, Newsletter
Tim Van Hemelryck, Greenehaven Swoop
Suzanne Schmaltz, Architect Committee
Mickey Carns, Chairperson, Cliff Biggs, Vice Chairperson, CC&R Committee
Accomplishments for 2007
Appointing Board members to fill vacancies
Replacement of Condo Lighting/Dark Sky
Retaining Carpenter & Hazelwood
Renewal of Errors and Omissions Insurance policy
Adding General Liability insurance (Roads & Rights of Way)
Negotiation of 3 year Contract with Monument Disposal
Retaining TC Engineering for Drainage plan for all existing units
Neighborhood watch meeting
Meeting with PEU regarding drainage and easement for main line
Updating Complaint Forms to comply with AZ State Law
Establishing a working office in Page
Reviewing archived materials
Updating Building Permit Process with the County/Page
Continue work on legal matters/current 2 lawsuits – 3 court appearances
Formed CC&R Committee and began compliance work
Accounting Review
Reserve Study
Up Date Bulletin Board
Open Board Meetings
News Letter Publication and Improvements
Quorum at every Board Meeting
Committee Reports
Drainage Committee
Engineering plan is ready for owner review.
Architectural Committee
Plan review, Approval Stamp, Builder agreement, Compliance inspections.
CC&R Committee
Committee, letters, follow up, appeal process, complaints and walk around.
Update from Greenehaven Development
John Bowman
Lawsuit Update
CV2004-0696 – House too Tall – The owner has complied with Court ordered requirements and has until December 10th to complete lowering his roof.
CV2005-0159 – Trees on Road Right of Way – A negotiated resolution was signed by both parties and work has been completed. The lawsuit has been resolved.
Greenehaven Development Construction Update
Carl Bixler
Unit II CC&R Changes
Al Edwards Comments
New Business
Member Voting for Board Members
Close Balloting
Count Votes
Adjourn Business Meeting While Votes are Counted
15 min break
Informal Question and Answer Period
Reconvene the Meeting to Announce Voting Results
Results of Voting
Adjourn Meeting
Door Prizes
Meeting Notes
[notes provided by Lisa Everett]
Meeting called to order by Warren Whisler
Board members introduced. All board members present: Warren Whisler, Mickey Carns, Suzanne Schmaltz, Jean Carns, Cliff Biggs
2006 minutes accepted
Treasurer’s Report: Process for signing checks was reviewed and changed. Bookkeeper used to be the person who signed all checks. Person keeping books should not also have the ability to sign checks. There were no indications of any misappropriation of funds or illegal practices, however bookkeeper’s check signing authority revoked. Treasurer (Suzanne) now reviews all financials monthly.
Accounts receivable down to $2,800 from $11,000 – a lot of this was collecting past due HOA fees from property owners.
Audits are not required but a review of all books was done for 2006 in accordance with Generally Accepted Accounting Principals (GAAP).
Based on the records this Board could find, a Financial Reserve Study had not been done for GPOA, so one was initiated. A Reserve study tells us what we should have in the bank to take care of on-going maintenance, such as road repair. A Reserve study should be conducted each time new roads are deeded over to GPOA from Greenehaven Development. The study that was done included a forecast of all foreseeable costs through 2037. Streets are the largest portion of our on-going maintenance. The study shows that we are only 19% funded. This means we need to triple the yearly assessments to meet our financial needs.
In addition to the study and cost of road maintenance, another study was done on Flood Control. The Association will need $350,000 to address flood control and deal with the issues we currently have every time there is a hard rain. This $350k is NOT included in the amount needed to get our financial reserves up to where they need to be. According to our Declaration, anything over a 20% raise in HOA dues/assessments requires a vote of all Property Owners and must pass by a 66% majority vote.
The contents of this Reserve Study and the state we are in must be disclosed to all future buyers.
Motion to accept Treasurer’s report, seconded and approved.
Secretary’s Report: Jean mentioned right off that having a husband/wife combo on the Board was only interim until a new secretary could be elected. She was just filling a gap in the Board positions. One of the first tasks of the secretary was to gather and organize all the files and documents from prior Boards. Office space was rented in Page, and all files, records, documents pertaining to Association business are kept there. Another major task was getting all the latest copies of CC&R’s for each unit as well as the Master CC&R’s. Due to the number of versions of CC&R’s in circulation, such as Unit II which has one version stating minimum square footage on a house is 1,400sf and another version with 2,000sf shown as the minimum (the official document lists 1,400sf), the Board requested and received a certified copy of all the CC&Rs so they have the latest versions. It is up to each homeowner to ensure they have the most current version, know what their CC&R’s are, and abide by them. The State of Arizona governs our CC&Rs through state and real estate boards.
Recognition and thank you to various committee members for all they accomplished throughout the year. Warren then briefly covered some other accomplishments such as the ‘dark sky’ lighting in the condo units, the bulletin board outside the store now having current information, all Board meetings are held monthly with notice sent out to homeowners about time and place encouraging participation;
Drainage study was initially slotted to be Unit I only but expanded to include all other units due to feedback from property owners. The flood control/drainage study has cost $17k to date and is now ready for owner review. The next step this Board would like to take is a meeting with all interested owners for their review and comments.
Architecture Committee fine tuned the approval and inspection process. The purpose of the Architectural Committee is to ensure the guidelines and requirements in the CC&Rs are followed. County ordinance now dictates that Architectural Committee signoff is required before county will give approval. This ensures that all homes being build will follow the guide-lines are required in our CC&Rs.
CC&R Committee reviewed and revised documents to come into compliance with Arizona State law which requires a signature on all complaints sent in to the Board. No anonymous complaints will be accepted. Three other letters were created to notify property owner of violation – a courtesy notice, a second notice that discusses fines if not brought into compliance and a third letter with possible legal action being taken. The Board also ensured there was a clear appeal process for recipients of violation notices.
In the past, CC&R enforcement was only done if a complaint was filed by another property owner. A letter was sent out by this Board to each owner during the summer asking them to review lot and come into compliance voluntarily. This Board then initiated a walk through of each unit beginning in October looking for violations that could be seen from the street. 45 letters were sent out to first offenders; all but 5 of those responded either by coming into compliance or phoning/emailing the board with a status.
The fines are set to begin at $25/day minimum, but will be set by the board based on the violation.
Update from Greenehaven Development Corp – sales are down due to foreclosures and the mortgage challenges. There was not enough product out there for prospective buyers but that will be fixed for the next year. Greenehaven Development Corporation is financially very stable. There are 156 lots in Unit VII, phase III and Unit VIII will have another 156 lots.
Al Edwards got up to discuss the proposed changes to Unit II CC&Rs that had been initiated back in 2006. There are 73 lots in Unit II; there were 13 proposed changes; 58 ballots were returned, with almost all of the proposed changes approved. 53 was the lowest number of ‘yes’ votes received on any of the proposed changes. The proposed CC&R changes were submitted to this Board for approval & recording but this Board refused. After seeking legal council, the Board determined that the vote was illegal – all ballots had to have been notarized according to our CC&Rs. All units except Unit I must have ballots notarized. There was a petition submitted to the Board to refocus the CC&R committee’s efforts to find a way to change the Unit II CC&Rs as well as to place a moratorium on enforcement of any CC&R violations until the amended CC&Rs are recorded and implemented. The petition also suggests voiding all CC&R compliance violation notices sent out since July 1, 2007. According to Al, the Board has over-reached its bounds and caused discontent and unrest in the community.
Shortly after the Unit II CC&R discussion, Mr. Bowman came up and announced that he would be exercising his Declarant rights and appointing the new Board. There would be no need to count the ballots. He acknowledged that this Board had done lots of hard work but felt that it was in his best interest to dismiss the sitting Board and appoint an entirely new Board.
This Property owner (and several others) left the meeting after the announcement and did not hear what else was said.
