March Minutes 2009 >
Minutes of Board of Directors Meeting Taberna Homeowners Association March 11, 2009
Board Members Attending: Gene Peele President (absent at 5:45 pm) George McNulty Vice President Linda Pickens Secretary Suzanne Forsythe Treasurer Willis Vincent Member at Large Rick Layton Member at Large
Absent: Steve Harman, Member at Large
George McNulty called the meeting to order at 5:45 pm, there being a quorum present.
Minutes:
George McNulty made a motion to approve the Minutes of the February 11, 2009 Meeting, which was seconded by Rick Layton. The Minutes were unanimously approved and accepted.
Treasurer’s Report:
Suzanne Forsythe gave the following report:
Cash and Accounts Receivable: Total cash in the Operating checking accounts as of March 11, 2009, totaled $189,398. Total Accounts Receivable as of March 6, 2009, totaled $15,545. The courtesy reminder letters sent out to more than 70 delinquent homeowners in mid-February brought the accounts receivables down from $43,517 to $15,545 by the end February.
Late Fees and Liens: On March 6, 2009, 38 invoices for late fees for February were sent to delinquent homeowners having overdue accounts. The Treasurer does not consider the number of late fee invoices unusual for this month of the year and believes the number of delinquent accounts will be reduced within the next couple of months.
Eight liens totaling $2,323 against five property owners continue to be outstanding. One of the property owners having a lien contacted the Treasurer and has made a partial payment with the promise that the account will be brought up-to-date within thirty days.
Investments: Per the Board’s authorization at its February meeting, the Master Replacement Reserve deposit of $10,000 was completed, and the Reserve Deposit for the first quarter of 2009 of $1,580 has been completed for One Taberna Way.
Finance Committee: The 2008 financial records and documentation have been made available to the Finance Committee for their internal cash review for the last six months of 2008 at its next meeting.
A Motion was made by Rick Layton to accept the Treasurer’s Report, which was seconded by Willis Vincent. The Motion was unanimously approved and the Treasurer’s Report was accepted.
Covenant Violations:
Willis Vincent reported the following violations of the Covenants: five violations for trash receptacles, one for unshielded propane tank, and one for violation of the sign policy. It was noted that there are three possible fence violations, which will be investigated further and violation notices will be sent if the fences did not receive ACC approval.
Mr. Vincent noted that the Board received a complaint regarding the operation of a home business in Taberna, which is a violation of the Covenants. The Covenants expressly state: “No Living Unit … shall be utilized for commercial purposes.” The Board discussed what would constitute a home-based “commercial” business in a residential neighborhood. The Board noted that there are several factors that should be taken into consideration when evaluating complaints and agreed that the external impact of a business should be considered when evaluating whether a business violates the Covenant prohibiting “commercial purposes.” Such factors would include whether the business disturbs the regular noise levels or peaceful enjoyment of the community; whether it causes undue traffic, whether the business involves the storage, use or sale of goods, equipment or materials; whether the business involves the sales of goods to the public; and whether the business displays or utilizes marketing material to promote the business. The Board also recognized that, due to technological advancements, a homeowner conducting business electronically from home via internet, fax and telephone may be permissible as such a business could be operated “invisibly” without any impact on adjoining property owners or the neighborhood.
The Board agreed that consistency in reviewing home based “commercial” business violations is necessary and that establishing a written policy would be beneficial to homeowners. The Board concurred that a written policy concerning a home-based commercial business should be developed in consultation with the Association’s legal counsel. It was decided that the Secretary would research the Board Minutes to determine what actions previous Boards have taken with respect to home-based commercial business violations.
Proposal for Improvement to Todd Denson Park
A proposal was made by Lou Jacksits on behalf of 13 homeowners to create a fenced-in area utilizing the existing fencing at Todd Denson Park to create a safe and secure environment for dog owners and their pets and to contain pets away from children playing on the playground equipment. Gene Peele noted the Board’s desire to obtain input from all homeowners as to possible future improvements to the Park. Mr. Peele stated that the next issue of the Taberna Tribune will list possible improvements to the Park and ask residents to vote via the internet on their preferences.
2009 Budget Overview:
The Treasurer presented a lengthy overview of the 2009 Budget in response to the Board’s request to more effectively monitor funding and expenditures for pending and future projects. Among the items discussed by the Treasurer were the $6,757 in discretionary funds and the $15,000 to $20,000 carried over from 2008 to the 2009 Budget for operating expenses. The Treasurer was asked at the February Board Meeting to review the underlying causes of the sharp escalation of water costs, as that line item was almost double what was budgeted in 2008. The Board discussed the frequency and amount of irrigating common area landscaping in light of the budget overruns. It was agreed that the President will discuss water usage with the Building and Grounds Committee and ask that it ensure that sprinklers are properly adjusted and watering is done efficiently and prudently in an attempt to bring the water costs under control. B&G will also be asked to look into the electrical use for common areas to determine whether a savings can be achieved.
Open Items:
Liens:
The Board received guidance from the Association’s attorney on its available options to collect on the existing liens. After discussing the options available, the Board agreed to have the attorney send final demand letters prior to pursuing collection in Court. A Motion was made by Gene Peele to have the attorney send demand letters to certain liens holders to be selected and approved by the Board, which was seconded by George McNulty. The motion was unanimously approved.
Pet Memorial at Todd Denson Park:
Gene Peele noted that an article will appear in the next issue of the Taberna Tribune regarding the loss of a pet by a homeowner. The homeowner submitted to the Building and Grounds Committee a request to place a pet memorial at the entrance to Todd Denson Park. The cost of the memorial will be paid by the homeowner. B&G approved the design of the pet memorial. After discussion, and noting that Todd Denson Park is used by a majority of pet owners at Taberna, the Board felt the pet memorial was in keeping with establishing a sense of community. A Motion was made by Linda Pickens to approve the pet memorial, which was seconded by Rick Layton. The Motion was approved.
The next meeting of the Board of Directors will be held on Wednesday, April 8, 2009 at 5:30 pm.
There being no further business before the Board, George McNulty made a motion to adjourn, which was seconded by Rick Layton. The motion was approved, and the meeting adjourned at 7:46 pm.
Approved by the Board of Directors:
By: /s/ Date: 04/08/09 Gene Peele, President
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