Stoneridge Lot Owners Meeting
September 22, 2001 Notes
Meeting was started at 9:05AM and called to order by Russ Minnick.
Russ stated that as of today, 9/22, no corporation exists; Lake Sans Souci CC&R’s are still in effect. Question is whether it is legal to have meeting because we’re no longer recognized as a non-profit corporation. Believes incorporation expired end of August.
Russ asked if meeting is official or not. Attorneys have differing opinions. Want to do it right/appropriately.
Questions:
Lakes/Forest:
Item 17a – Committee Based Assessment
Concern was raised that $500 per lot can be assessed without lot owners’ approval. Russ clarified that a special assessment is needed in case of emergency or "critical need" situations. It is a power that boards should and must have and strongly urged that it be kept in. Russ stated that as long as Declarant is still in control, special assessment must be approved by 2/3 votes.
Lakes/Forest:
Inability to change documents
Question was asked why Lot Owners can’t change document if Association owns one lot. Russ clarified that Association is NOT the Developer it is the individual NHOA Association.
Road Paving:
Question was asked on status of paving and why the significant cost. Roger Sanders said Lakes road was paved in 1997 and paid for 100% by the lot owners. Costs have increased significantly. CDS is subsidizing $600 per lot. Per Dan Stanger, lot owners don’t have to pay, as CDS will not "go after them." Dan also stated that the paving of the Lakes roads was, in fact, illegal.
Russ reviewed next steps. We can
As "not-for-profit" entity not legally recognized (expired), we can decide we are now a "group of owners" and we can do what we want. With a show of hands, majority voted to continue to meet as "group of lot owners."
Questions
Multiple Lot owners/assessments:
Question was raised from the floor from an owner of 4 lots. He stated that he didn’t feel it was right to have to pay 4 assessments. Russ stated that it was already in the existing Lake Sans Souci CC&R’s and by buying the property he had already agreed to do that. Dan stated that they had several discussions on this and decided that if a lot owner legally combined their lots into one, the lot owner would only have to pay one assessment.
Alcohol being served in "Utah East" gothic house:
Question was raised on behalf of absentee homeowner (Fenske) on whether alcohol was being sold in the house next door to them. Russ and Dan stated that NO alcohol would be sold. They may have a small wine-tasting area; but for beer/drinks, etc., they would need to go to the golf clubhouse. He stated he would put it in writing if the homeowner wants it. Dan went on to say that eventually that house would be changed into a Bed & Breakfast.
Russ stated the meeting needed to move on. CC&R’s Proposal:
CC&R’s
Executive Session:
At last meeting there was a discussion on whether the Board should be allowed to go into "Executive Session." Russ clarified the intent of Executive Session -privacy while discussing various CC&R/assessment issues/violations- and clarified that the discussion and result/decision would be in the minutes and available to anyone.
CC&R’s – continued
Storing of RV’s/Boats on individual lots:
Russ said that, as stated in a prior meeting, eventually there would be an area for storing of RV’s/Boats and showed its location on the map. However, he did state that it would be awhile before this was done. Assessment dues would NOT go to maintaining this area; it would be on a space rental basis. Russ also clarified that sub-associations can be more restrictive than master association. CDS chose to abstain from voting. They want the CC&R changes to be decided upon by the Lot Owners. A vote was taken on whether to leave in the statement allowing "storing", or deleting it and the results were as follows:
Question was raised from the floor on "what we’re doing" and Russ clarified that we’re voting on what goes in the document that will be for final vote at next meeting.
Russ stated that errors in the CC&R’s such as typos, etc. could be changed without a 2/3 vote. Law is based on intent.
Name Change:
Dan stated that we would soon be seeing a name change on their letterhead. CDS Investments (Chris and Dan Show) has been changed to Bridge Partners. Company Ownership names seen in the proposed CC&R documents would not change.
CC&R’s
Master:
Trails, Recreation Center, Common Roads, Wetlands, Entries, Parks, ARC
NHOA:
Roads common only to the NHOA area and common areas within the NHOA
Flags:
Question was raised on why there is a restriction on flags and what about American Flag. Russ stated that Federal and State law supersedes these documents. American and State flags can be flown if meet flag display guidelines. Other flags, signs need to be approved by the ARC.
Use of Recreation Center
If legal owner of lot or have a full golf membership, can use Rec. Center.
CC&R’s – continued
Master, Page 19, Item L
Asked that the statement be taken out that allows the Board to decide whether or not a meeting can be recorded. Change wording to "may" record.
Master, Page 89, Item 5
Homeowner asked if CDS could charge more for a view lot if documents state that the view can be changed at any time. Russ stated YES, it could.
Master, Page 89
Russ stated that the golf course WILL participate in assessment, which is not required. They are paying for planned 400+ lots not the current 200.
Master, Page 32, Item c
Homeowner asked why Developer maintains control over the documents. Russ clarified that it affects the LEGAL descriptions of Master Association (the common areas not the NHOA). Does not impact sub-association but only as it effects Master.
Perimeter Walls / Public or Private Roads
Homeowner asked for plans of walls and definition of roads. Russ stated there are no plans for any perimeter walls. All roads are private. Master roads are roads that access other portions of the master or sub-association. Within the Forest, all roads are private. Lakes Assoc. has less road to maintain because of its access/proximity to golf course.
Making Lake Private
It was asked if property owners could vote on making the lake private.
Russ thought this would be difficult to do but CDS would be willing to help with signage and making the public aware of this change. One homeowner proposed that the lake be made private for everyone except for the end lot by the entrance. Keep this open to the public. A homeowner who would be directly affected vehemently opposed this.
Master, Page 59, Item 1
Lot owner asked why restricted to two persons per bedroom. Russ said this can be an issue and has been in other developments. They have had instances where they had 30 people living in 1000 square feet of space. Occupancy Standards say two plus 1 per bedroom. Anyone under one year of age is not considered an occupant. Attendees did not ask for a vote to change this item.
CC&R’s – continued
Forest, Page 15, Insurance
Homeowner asked why must have insurance. Russ stated it was there to protect the Board and the Master Association from lawsuit . Example: a homeowner burns down his home and his neighbor’s home and didn’t have insurance. Could not come back to Board or Master for coverage.
Forest, Page 15,Item i
This affects Association insurance claims. If there is damage and the insurance pays to fix/rebuild and the actual costs are less than the insurance payment, then the difference is placed in the Reserve Account. This does not have anything to do with private homeowner insurance claims.
Master, Page 8, Item 44
The Clubhouse referred to in this item does NOT mean Golf clubhouse. It refers to the Recreation Center.
Exhibit Discrepancies
Comment was raised that throughout the document it refers to alphanumeric exhibits but only numeric attachments were included. Exhibits/attachments need to be clarified within the documents.
There being no further CC&R questions, continued to next agenda item:
Nomination of Board Members
Since Harold Pinkham and Larry Cunningham are past board members, they need to register the corporation on Monday. "Pink" and Larry agreed to sign the letter/documentation prepared by CDS to all lot owners regarding the next meeting and accompanying documentation (CC&R’s/Ballots). Pink and Larry will need to "run" the next meeting. However, this can be done by calling the meeting to order and turning it over to Russ.
Board Member nominees need to send to Mary a short Bio (maximum 3 lines) and include Name, Lot and why nominee feels they can help.
With a suggestion from the floor and agreement by all those present, Master association Board will have 7 members rather than 5 originally suggested.
All ballots are to be sent to Pinkham rather than to CDS. Can vote by mail. Can cast all your votes (if multi-lot owner) for one candidate.
Board Nominees
|
Master |
Lakes |
Forest |
|
Gail Weaver |
Dick Corbit |
Bob Weaver |
|
Jerry Littlemore |
Ed Brown |
Tamara Thompson |
|
Charles Thompson |
Andy Fields |
Charles Alford |
|
Harold Pinkham |
Shirley Redfern |
Larry Decker |
|
Dorothy Tompkins |
Fred Ghio |
Russ Minnick |
|
Larry Cunningham |
Darrel Martin |
Roger Sanders |
|
Judy Evans |
Russ Minnick |
Dan Stanger |
|
Andy Fields |
Roger Sanders |
|
|
Russ Minnick |
Dan Stanger |
|
|
Roger Sanders |
||
|
Dan Stanger |
Next meeting the lot owners will vote for Board Members and CC&R’s. Need to have 66% of lot owners accept documents. Ballot for board members is only a courtesy. Don’t have to do it but their ballots will be counted.
Next meeting is Monday, October 15 at 7PM in the Pro Shop.