Board Members:Present: Frank Lombardo, Don McLaren, Stacy Lombardo, Bonnie McLarenQuorum present? Yes
Cathie Coppege
Lilya Haynes
Diane Vangyija
Bob Storey
Joe McCullough
Carolyn McCullough
Andrew Williams
Laura Kirchgraber
Proceedings:· Meeting called to order at 10:00 a.m. by President, Frank Lombardo
· President welcomed Members and introduced the Board.
· President then explained the Rules of Order for the meeting.
The Minutes of the 7/11/09 Quarterly Meeting were read by the Secretary. There were no additions or deletions made.
· President then asked the Treasurer to give us a year-to-date report of expenses.
The Treasurer began by explaining to the Members present “Who Decides How the HOA Dues Are Spent.” She explained that the Members present at each meeting vote on the expenditures and that the Board does not make these decisions. The Board researches, presents and administers for all the Members of the Association.
The Treasurer’s Report was read and accepted by the Members.
· President then acknowledged and thanked the volunteers who:
Deliver the newsletters each month;
The Yard of the Month judges;
The residents who have been taking care of the removal of weeds in their cul-de-sac; thus saving money for the Association;
The residents who have been welcoming New Neighbors with information packages and a sweet treat; and
The neighbor who decorated the entrance for Halloween.
The President also wanted to thank the neighbors who have volunteered to notify residents of Poplar Hill of violations that exist on their property.
The President then stated the need for additional help and asked those present to consider signing up. He brought up the fact that we are in need of 28 members to canvas the neighborhood for the Board in preparation of establishing a “Neighborhood Watch” program.
Carolyn McCullough brought up the point that it is difficult for neighbors of residents in violation to confront the violation. Therefore, an appointed Committee was a good idea.
Old Business:
Drainage Issues:
Since the last meeting, the President and Secretary have met with legal counsel and asked them to review the By-Laws and Deed of Restrictions governing Poplar Hill. It was determined that is stated that the Poplar Hill Homeowners Association is responsible for “repairing and maintaining” drainage problem areas, but definitely is not responsible to remove previous work and/or rebuild the problem areas.
The Board will be working on obtaining estimates to ascertain what the approximate costs will be to take care of the current problems. Those estimates will be presented at the Annual Meeting in January 2010. At that time, a vote will be taken to determine the means of paying for said repair and maintenance.
The President asked for discussion. Bob Storey inquired who decides the extent of work to be done. The President answered it will be determined by the contractors hired.
New Business:
Amendment of By-Laws and Deed of Restrictions
Upon review of the By-Laws and Deed of Restrictions with legal counsel, it has come to the attention of the Board that the Homeowners Association is in violation of the requirements relating to payment of Annual Dues and also the day of the Annual Meeting.
Cathie Coppedge remembers that the meeting date was changed, because one year the Library was not available on the day prescribed in the By-Laws. After having the meeting on a Saturday, which was more convenient, the meeting date was changed.
These requirements need to be amended if the Homeowners Association wants to continue following the current schedule.
For example, Annual Dues are currently due by July 1st of each year. According to the By-Laws: Dues shall be paid annually in advance. The dues which were paid in the summer of 2009 are for the calendar year 2009.
Additionally, according to the By-Laws, There shall be an Annual Meeting of Members on the 2nd Monday in January of each year.
There is no documentation referencing these matters in the Homeowners Association records.
Laura Kirchgraber asked how the amendments are made.
It is the recommendation of the Board, that the By-Laws and also the Deed of Restrictions be amended, properly. In order to do so a vote from one (1) owner of each lot in the subdivision, signed and notarized, must be received. A fifty-one per cent (51%) majority is needed to make any amendment.
The Board also brought up the amending of the Deed of Restrictions. Currently, the only recourse for enforcing any violations of the Deed of Restrictions is by a homeowner taking legal action which is costly to the homeowner and violator. The Board suggested that alternative measures be instituted, such as fines for specific violations which are not corrected within a specified time period.
The President also mentioned that other Members of the Association may have suggestions for changes.
These amendment matters will be highlighted in the November and December 2009 Newsletters in order to make Members aware.
ANNOUNCEMENTS
The President discussed the increase in theft in Clarksville and Poplar Hill. DO NOT leave cars unlocked and DO NOT put outgoing mail in your mailbox—thieves are looking for checks in envelopes to tamper with and steal from your checking account.
Joe McCullough wanted to thank the Sheriff’s Department for noticing an open garage door one night and advising him of it.
The President acknowledged this quarter’s Yard of the Month winners: Mr. & Mrs. David Thomack, Ms. Sheryl Beals andd Ms. Therese Koverman.
Lilya Haynes discussed the constant occurrence of dogs unleashed in the neighborhood. While walking her dog, others will come out on the street and cause problems. Cathie Coppedge agreed with Ms. Haynes.
Members were advised that liens will be placed on any property which has unpaid Annual Dues and/or Late Fees. If you have any amounts due, please pay immediately before liens are filed.
The 2010 Annual Meeting is tentatively planned for January 11, 2010 at 7 p.m.
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· President discussed the following with the Members present:
When contacting the Board Members, please email them (unless it is an emergency), as the Board Members are not always at home when your calls come in. You can reach them at: Presidentpoplarhill@yahoo.com and Secretarypoplarhill@yahoo.com.
“THE BOARD AND MANY MEMBERS ARE VERY AWARE OF MANY VIOLATIONS OF THE DEED OF RESTRICTIONS WHICH EACH HOMEOWNER RECEIVED AT THE CLOSING WHEN PURCHASING PROPERTY IN POPLAR HILL. IF YOU DO NOT HAVE A COPY, WE HAVE SOME COPIES HERE TODAY.
THE BOARD OF THE HOMEOWNERS’ ASSOCIATION IS NOT RESPONSIBLE FOR ENFORCING THE DEED OF RESTRICTIONS.
IN THE EVENT YOU ARE AWARE OF A VIOLATION, YOU MUST APPROACH THE MEMBER YOURSELF AND ASK HIM TO CORRECT THE VIOLATION.
IN THE EVENT THAT THE MEMBER IN VIOLATION DOES NOT CORRECT THE VIOLATION, IT IS YOUR RESPONSIBILITY TO TAKE LEGAL ACTION IN ORDER TO REMEDY THE SITUATION.”
· President asked if there was any additional new business. There was not.
· Meeting adjourned at 11:30 a.m.· Minutes submitted by Secretary, Bonnie McLaren.