Board Meeting Minutes (June 4th, 2007)

June 4th, 2007

The meeting was called to order at 7:30pm at 1607 Woodstream Ln.

Present

• Robert Butler - President
• Yesika Fletcher - Vice-President
• Stephanie Butler - HOA Management

Items discussed

• Review meeting minutes and action items from the last meeting.
  • Rob - Update violation category to allow for sending landscape crew.
  • Yesika - Reserve meeting room for the Annual Meeting. Done.
  • HOA Management - Call TXU to find out why we are still being billed for sales tax; Stephanie already sent in the exemption form months ago. Rob called TXU, they showed that the forms were never received. Rob asked them to send the forms again, the TXU representative said she would fax them (still not received), and would apply them retroactively back to the original date we requested them in 2006.
• Rob sent a message to City 6 TV trying to follow up on his letter to the City Council about the water restriction ordinance:

  Hi, I'm curious when the change was made to the City Council broadcasts such that they are no longer the entire meeting? I don't watch regularly, although I record them every week, and I noticed that the January 23rd meeting did not contain any discussion of several items on the agenda. I had written a letter concerning the water ordinance change, and was wanting to watch the discussion.

  The response back didn't answer the question:

  Thank you for your message. I forwarded your message to Shelley George, City Secretary. If you are able to view video on the internet, the Council meetings are recorded from the broadcast signal and stored on the City's site via video on demand. http://www.cityofallen.org/city6/council-archive-vod.htm

  After not receiving a response for several weeks, Rob wrote back to the City Secretary's office Hi, Ms. George, I never received a response to my question about the city council meetings, do you know why the entire meeting is no longer being broadcast? The minutes from the City Council meeting show that the restriction amendment passed as is. Still not having received a reply, Rob sent another follow-up on 5/7. Rob received a reply later that day:

  Dear Mr. Butler,

  I apologize for you not receiving a response to your previous email. In my discussions with our video producer, he indicated that the entire meeting is available on video on demand as recorded live at the meeting. Please note that the only difference in the video shown on ACTV and our website, is that the video is delineated by agenda item on the website. No portion of any meeting video is edited for content except when a recess occurs (such as for executive session) and there is no meeting in progress.

  The agenda item you reference in your previous email was regarding "3. Adopt an Ordinance Amending the City of Allen Drought Contingency Plan Ordinance to Allow Management of Water Use Violations by Non-single Family Customers as an Administrative Fee Placed on the City Utility Bill." which was on the Consent Agenda. Items on the Consent Agenda are considered route Council business and are approved by one motion. At times Council will pull an agenda item to further discuss. On January 23rd, no agenda items were removed from the Consent Agenda.

  Again, please accept my apology for not responding in a more timely fashion to your email.

  Sincerely,
  Shelley B. George

• 
  Proposal # DH07137 - Villages at Maxwell Creek HOA.pdf
  Rob met with Dale from Proof Rock about cleaning, sealing, and repainting the entrance signs. Donovan Heminokeky sent a quote that seemed way too high for the amount of work required.
• Rob cashed out the $2.5k at Comerica that came due on 3/21.
• Yesika cancelled the social committee meeting on the 27th.
• At the 1st calling of the Annual Meeting on April 2nd, Howard had another obligation and Yesika was ill. As predicted, we did not reach a quorum; it was Rob and 10 other individuals - 6 homeowners total. The largest complaint was homeowners' yards, a distant second was dues collection, and a handful of other minor complaints: kids in yards, dogs pooping, and one homeowner who wanted the plants in the center median on Maxwell Creek ripped up and grass planted.
• Rob spent some time revising the Collection Policy to address some of the questions and complaints we had received over the past several months, and to simplify and clarify some of the language even further. Howard and Yesika reviewed and approved of the changes.
• Rob purchased a new $10k CD at Chase on 4/5.
• Rob received an update from Chris Collins with Chemlawn, the previous quote was still valid. Rob asked a handful of additional questions, and ran everything past Howard and Yesika. On 4/13 let Chris know we're going with them starting on 5/1. Rob will finalize the contract details and update the info page accordingly.
• Rob sent Chris Collins an email about several landscape issues:

  Chris, there are a number of items outstanding from our previous landscape company that I need taken care of. Once May 1st rolls around, can you take care of the items outlined, and/or send quotes where necessary?

  1. The sprinkler systems along Malone utilize a hand-held Rainbird UNIK Field Transmitter, so you'll need one for testing / programming. The systems on Bethany and Shelley have a standard mounted box on the neighborhood border fence. Also, you are probably already aware, but the City requires that all sprinkler system testing be done on the designated watering day, which for us is Thursday.
  2. We had the City check for leaks because we've been receiving excessive water bills over the winter for a system was supposed to be shut off. They verified that leaks are present in the system. Please investigate and repair ASAP. There are almost certainly some leaks along the southern half of Malone since it was recently torn up for some gas line construction.
  3. There are still a very large number of weeds in all of the common areas. Please contact your cohorts and ask them to come out and spray / treat again. I know there are a few sections along Malone where it's obviously caused by the homeowners' yard, but there are a number of areas that it's not (can ya'll spray any on to the adjacent yard?)
  4. There are several stretches along Bethany where the ground has eroded / settled, and also where grass has died from too little sun. I know the City has a moratorium on new sod currently, but do you have any ideas for resolving these issues beyond laying St. Augustine?
  5. There are two trees on Malone (I believe both are Pistachio) that are leaning / growing curved. I know it can't be fixed entirely, but can you find some 8 or 12' poles and try to straighten them?
  6. A number of the trees along Malone have wires, hoses, and other remnants still attached to them from previous tethers. Please remove and discard.
  7. Is it too late to trim the trees? There are a number that need to be pruned / shaped.

  Also, there are a few homeowner yards that we will need to have mowed in the next few weeks due to negligence / neglect (you bill us, we bill them). Are ya'll able to do this, or do I need to look for an outside company? It's never been a problem for the companies we've used in the past. The homeowners have been notified that we will send a crew, and the HOA has an easement that permits this.

  Finally, I think you mentioned that you don't do fence repairs / staining. Can you recommend companies for us to get quotes from, and we also are looking for companies that can do monument cleaning (the stone entrance signs).

• Rob spoke with Marty Brandon from Perfecto on 4/12 letting him know that we were going to be canceling their contract and going with another company. Marty said that he understood given the response time and other problems with service over the last few months. Rob discussed continuing mowing through the end of the month, and asked Marty to send along invoices for any items remaining unpaid.
• With Howard's resignation, we need to remove him from the bank accounts. Rob will request new signature cards from Chase.
• At the 2nd calling of the Annual Meeting on April 16th, Rob and Yesika were reelected; no one else volunteered for the vacant position.
• Rob noted that Perfecto hasn't been out to mow or do other maintenance since he told them we weren't continuing their contract. Rob spoke with Marty, and Marty said they'd be out by the weekend.
• Rob switched our TXU bill to electronic (email) only; it is now sent to management@.
• Howard sent an email with information about the security cameras that were discussed at the meeting on April 16th.

  I called Security Assistant, the company that monitors our house, and their suggestion was to buy one or two battery-operated cameras like the ones hunters use. I got the following information from Bass Pro Shop, Garland:

  They can be strapped to a pole or a tree (preferably up pretty high) and be set to take pictures at whatever interval we want. They range in price from about $175 - $350. Ostensibly, the more they cost, the better the lens. They have memory cards that can be read by a PC. Battery life depends on how many pictures are snapped, how often. They also work at night or in limited light. Might be worth investigating...but we'd need a handy person to assess them, mount them...and handy, I ain't.

  If they work, we could see if we catch the culprits vandalizing the fence on Shelley, and make them available to homeowners who might want to rent them -- to catch pranksters, prowlers etc. The cameras might even become a profit center.<s>

• Rob wrote up minutes for the last social committee meeting.
• Rob sent officers@ a message:

  Yesika, just wanted to check with you on going ahead on lien filings next month. There are currently 35 homeowners still unpaid (one is the foreclosure going through, and one has contacted us about setting up a payment plan -- but hasn't sent in it or a payment yet).

  Next month, on all of the remaining homeowners who don't end up paying or otherwise making arrangements, I'd like to go ahead and file liens. Is that OK with you? After filing the liens, we'll turn the accounts over to the attorney to begin the collection and foreclosure process.

  Yesika replied back They have had plenty of opportunity to pay their bills, go ahead and start he process.
• Rob finally called Scarbrough Medlin on 5/7 to add HOA Management to the insurance policies; our agent has changed from Julie Hoefer to Leigh Smith.
• Rob called Chemlawn about doing more treatment on the weeds in the common areas.
• We received an update on 5/10 from Allison Dantzler with Riddle & Williams, who is handling the foreclosure on Oak Brook:

  We will sell the property on the 5th of June. I will need an updated ledger again on June 1, 2007 and I will prepare the sale documents at that time. If they have any equity in their home they will be calling if they are next to foreclosure with their mortgage they might not. I will let you know as soon as I hear anything and you please do the same. I am sure this will make them mad. Homeowner's attitudes change a lot when you Post them for Foreclosure.

  Then an attorney from the firm goes to the courthouse in Collin County and sells the property. You will be asked for the bidding instructions for the sale at some point so you might want to think about that.

• Homeowner Michael White sent an email that he noticed the soaker hose on Maxwell Creek was running, and had a large hole in it. He also volunteered to repaint the lettering on the entrance sign. Rob stopped by to check the soaker hose, and saw that the area was wet, but couldn't figure out how to program the timer or to shut off the valve so it wouldn't run until Chemlawn could take a look at it. Michael stopped by Rob's house and picked up his pressure washer to use to clean the sign, and Rob gave him a blank check to use for purchasing supplies (paint, brush, hose) for the sign.
• Marty Brandon dropped off our controller for the sprinkler systems along Malone, and the manual for the timer/controller in the median on Maxwell Creek Dr.
• Two residences that still owe dues for 2007 are up for sale, one of which is in foreclosure by the mortgage company. Rob called Stephanie and told her to hold the resale certificates the title companies had requested until the past dues were paid for.
• Tres Moss, one of the homeowners mentioned above called, said he heard back from his title company that we are demanding payment of past dues up front, asked why. Rob explained to him that because we have had no contact from him, and because he has a vested interest in clearing this up so he can sell the house, he needs to pay it up front. Tres said that the HOA shouldn't care who pays so long as we get the money, and Rob agreed, however Rob said that it's unfair to require the new homeowner, who had no knowledge of the previous delinquency, to be forced to pay the entire amount. Informed Tres that we have run into it twice so far where the title company failed to collect past dues at close, on Woodstream and Fir Harbor, and we have only been successful thus far at collecting from the title company on Fir Harbor almost a year past the original close date. Tres said again that it's the new homeowner's problem, and that he's been ignoring the letters we've sent because he was planning on selling. Rob reiterated that Tres has a vested interest in resolving this before close, and because he has made no contact or attempt to resolve this beforehand we need to collect at close, and again that the new homeowner should not be responsible for Tres's past dues. Tres kept repeating his argument, and Rob told Tres he wasn't interested in debating the issue, that what he already stated is the path forward. Tres said Rob was setting the HOA up for a lawsuit, to which Rob replied 'go ahead' (or other words to that effect).
• Stephanie was concerned about the exchange with Tres Moss, and also said that the title company on the foreclosure property said they didn't owe for anything prior to the foreclosure date and we couldn't hold up the resale certificate as a condition of paying the past dues. Rob told her to confirm with Riddle & Williams (the association's attorneys) that we are using a valid method to collect the past dues; they said that yes, we're playing hardball, but it's a legitimate tactic to attempt to collect.
• We received full payment from the homeowner on Oak Brook for their past dues on 5/16, and released the resale certificate. Later in the day, Stephanie received a call from Jamie Keith at the title company on the foreclosure who said that because it's a "small amount" ($698.77) in dispute, the mortgage company will pay the past dues rather than fight it, and she promised that the full amount would be paid at close if we'd release the resale certificate.
• Rob has had unbelievable difficulty in meeting with someone from Landcare to walk the property and go over the problems that need to be taken care of. He exchanged several calls and emails with Chris Collins, but despite repeated assurances Chris never set up a meeting. Rob called the Chemlawn office on Tuesday 5/15, and was eventually transferred to Tim Meyer, the regional manager. Rob went through his concerns, primarily around not receiving calls back, and Tim said he would look into it. About an hour later, Tim called back and said that Jeff Hinton's (our maintenance contact) father died and he was out of town for an undetermined amount of time. He didn't have a reason for the lack of calls back from Chris, but said that I should received a call back from Debbie Lee, the branch manager by the end of the day. By Thursday morning, Rob still hadn't received a call back from Debbie, so he called the office and left an urgent message for her to call back. On Friday morning, Debbie still hadn't called back and Rob called Tim Meyer again and left a message on his cell phone. Tim called back in a few minutes and said that he didn't have an excuse, but would make sure that it was taken care of. Tim called back a little while later and said that Luther Bruce would be calling within ten minutes, and that Tim would call Luther in an hour to make sure Luther had called Rob. About an hour later, Luther called and said that he had heard from Tim about the concerns I had, and wanted to know if Rob had time to discuss them. Rob said he already had made up a list, and would forward it on.
• Rob sent Luthor Bruce with Landcare an email with the outstanding landscape issues that he needs a response on:

  Luthor, there are a number of items outstanding from our previous landscape company that I need taken care of. The below items are listed roughly in order of importance; please complete the items outlined, and/or send quotes where necessary.

  Actions:

  1. All of the sprinkler systems for the neighborhood need to be inspected and programmed correctly to run ONLY on Thursdays sometime between 3am-9am. There are three separate systems:
     • Bethany / Maxwell Creek Dr. This system runs off electricity, and the box is located on Bethany approx. 50ft east of the neighborhood entrance sign. There are two soaker hoses in the median on Maxwell Creek Dr. that are connected to this system. I was informed by a homeowner last week that the soaker hoses were running during the middle of the week, and also had a large hole that was leaking water onto the street. Please replace the soaker hoses if necessary.
     • Malone. There are multiple boxes along the street that run off batteries (please replace the batteries if necessary) that utilize a hand-held Rainbird UNIK Field Transmitter, so you'll need one for testing / programming.
     • Shelley. This system runs off electricity, and the box is located on Shelley approx. 100ft east of the neighborhood entrance sign. There is at least one battery operated zone / valve.
     Also, you are probably already aware, the City requires that all sprinkler system testing be done on the designated watering day, which for us is Thursday.
  2. We had the City check for leaks because we've been receiving excessive water bills over the winter for a system was supposed to be shut off. They verified that leaks are present in the system. Please investigate and repair ASAP. There are almost certainly some leaks along the southern half of Malone since it was recently torn up for some gas line construction.
  3. The landscape beds (Bethany / Maxwell Creek, Shelley) all need to be weeded; the median on Maxwell Creek Dr. is the worst by far. This was supposed to have been done weekly in our contract.
  4. There are two trees (one near Malone / Oak Brook, the other along Shelley) that are now leaning from the winds that went through a few weeks ago. Please correct and stake.
  5. There are two trees on Malone (I believe both are Pistachio) that are leaning / growing curved. I know it can't be fixed entirely, but can you find some 8 or 12' poles and try to straighten them?
  6. The mowing job thus far has been below par; there are a number of very visible strips along Malone that have been missed completely.
  7. A number of the trees along Malone have wires, hoses, and other remnants still attached to them from previous tethers. Please remove and discard.
  8. Is it too late to trim the trees? There are a number that need to be pruned / shaped.

  Quotes / Suggestions:

  1. There are several stretches along Bethany where the ground has eroded / settled, and also where grass has died from too little sun. I know the City has a moratorium on new sod currently, but do you have any ideas for resolving these issues beyond laying St. Augustine?
  2. Can you recommend companies that do fence repair / cleaning / staining?

  Also, there are a few homeowner yards that we will need to have mowed in the next few weeks due to negligence / neglect (you bill us, we bill them). Are ya'll able to do this, or do I need to look for an outside company? It's never been a problem for the companies we've used in the past. The homeowners have been notified that we will send a crew, and the HOA has an easement that permits this.

  Luther relied back:

  Mr. Butler, I appreciate your prompt response. After our initial conversation, I spoke with the operations manager in the branch that is servicing your site to summarize our brief discussion. He expressed his desire to personally contact you today, upon receipt of this email, and discuss remedies for the following service issues and requests for above scope proposals/services.

  I have also included the branch manager (out of office today) in this email so she can stay informed about the current situation. Thank you for choosing TruGreen LandCare as your landscape service provider and please reply with any further questions or comments.

• Rob called Luther to make sure he received the list of issues. Luther said that our contact for maintenance issues would be changing permanently from Jeff to Charles Martindale. Rob received a call from Charles shortly thereafter, and has a meeting scheduled for Wednesday, 5/23 at 9:00a to walk the property.
• Rob finished the 2nd quarter newsletter, sent it to Yesika for review; she approved, and it was printed and mailed out.
• Rob updated the board member info page with all of the changes that have occurred in the last two months.
• Rob emailed the webmaster for the City of Allen, let them know about a bug in the "Quick Links" select box.
• Rob stopped by Chase and renegotiated the CD that matured on Sunday back to a 5.3% rate from the default 3.86% that it reverted to. He also asked whether it was possible to get a higher rate for a larger investment (6% for $25k?), but we're already at the highest rate available. He purchased another $10k CD with funds in the savings account. He also asked whether we can get a higher interest rate on the checking account funds since it's only 0.2%, but that's also the highest rate they're offering. It turns out that we are getting a higher combined rate on the savings account at the expense of almost no interest on checking.
• We received full payment on two of the delinquent homeowners who were reselling.
• 
  _Maxwell_Creek_5-23-2007_.pdf
  Michael Stevens with Landcare sent a quote for repairing the sprinkler system. Rob gave them the OK to do the work.
• Title searches were performed and liens were filed on 22 of the 26 delinquent homeowners. Two of the remaining have negotiated payment plans, and on one we are going to try and go after the previous homeowner rather than the current (the title company did not collect at close). Stephanie will send the list of delinquent accounts to Allison, and she will mail out collection notices to the homeowners.
• Discussed upcoming foreclosure on Oak Brook, and the several payment plans the homeowner had offered. We rejected all but the last, which was a $1000 payment upfront, and then $300/month until the debt is paid off. Allison picked up the check from the homeowner's residence. The foreclosure will be postponed as long as the homeowner continues to make payments.

Action Items

• Rob - Write help document for homeowners wanting to pay with PayPal.
• Rob - Write form letter to send to homeowners selling their property to remind/inform them of the Covenants sign restriction, need for a resale certificate, and other information. Done.
• Rob - Add HOA Management to list of covered companies on HOA's insurance policy. Done.
• Rob - Update violation form for issues already taken care of. Done.
• Rob - Update violation form for materials in driveway.
• Rob - Update violation category to allow for sending landscape crew.
• Rob - Request new signature cards from Chase so Howard can be removed. Done.
• Rob - Finish 2nd Quarter Newsletter. Done.
• Rob - Finish the new homeowner information sheet so that it can be distributed with new homeowner binders at resale. Done.
• Rob - Update new homeowner binders with most recent documents. Done.
• Rob - Make up more new homeowner binders.
• Yesika - Reserve meeting room at the library for the 2nd calling of the Annual Meeting. Had not heard from Yesika, Stephanie contacted the library and they were already booked. She was able to reserve the same meeting room at Joe Farmer again instead.
• HOA Management - Mail new homeowner binder to Fred Jones, he never received one at close last year.
• HOA Management - Email list of delinquent accounts and copies of invoices to Allison. Done, notices will be mailed out by the attorney on 6/6.