HOMEOWNERS ASSOCIATION PARC AT GATEWAY
HOA/BOD MEETING MINUTES
Date: JUNE 17, 201
Place: COMMUNITY CLUBHOUSE
Start Time: Approximately 6:00 PM
Ended: Approximately 8:00 PM
TYPE OF MEETING:
Regular HOA/BOD Meeting
MEETIING ATTENDANCE:
Board members present:
Tom Hirschbeck: President
Manju Karthikeyan: Vice President
Catherine Cleveland: Secretary
Maggie Gezon: Building Maintenance
Board members excused:
Jim Dearien: Treasurer
Owners Present: Maria Muscolino, Alarik Myrin,Sreenivas Boralingiah, Ned Weinshenker, Gail Weinshenker, Jeanie Wierrman, Ron Wierman, Ben Schaub, Jill Serfustini, Dana Naideth, Whitney Wilde, Brenda Smith, Stuart Smith, Tom Niederhauser, Sue Niederhauser, Jim Zaferis, Valerie Zaferis, Richard Wirick, Kelly Wheat, Nat Borchers, Deborah Merrill, Mike Hsiu, Eileen Rencher, Bonnie Hill, John Higuchi, William Higuchi, Steven Tachiki, Jennifer Garvin, Lori Blum.
PMSI Management: Tina Redmond
Parc at Gateway HOA Attorney: Peter Harrison
Kirk Stevenson: Ex FCS Maintenance
CALLED TO ORDER: 6:10 PM
The meeting was called to order at 6:10 PM by Association President, Tom Hirschbeck. A quorum was present to conduct business.
APPROVAL OF MINUTES:
Tom noted that no minutes were presented for approval.
Minutes to be e-mailed to the BOD within two weeks of each meeting for additions and corrections. Seconded and passed unanimously.
Tom polled homeowners to see if there was interest in receiving the minutes. The vote was unanimous in favor of Homeowners receiving a copy of the meeting minutes. Approved minutes will be posted on The Parc website.
FINANCIAL REPORTS
A 2009 audit should be done as soon as possible in 2010.
2008-2009 audits will be posted on the website.
Monthly expense/ financial report from the management company will also be made available online.
Management & Maintenance report
a. The issue of Self –Management is not an option at this time. Self Management would be a violation of the current CC&Rs.
b. Tina had proposals for maintenance people based on the cleaning company coming for 3 days per week. Tina asked Kirk to give a new proposal (as Kirk’s proposal was based on a cleaning company coming for 7 days per week).
c. The Parc attorney, Peter Harrison, mentioned that The Parc may be legally liability for damages if they were to hire Kirk at this time. It appears that if the HOA were to pay FCS $6,000 this would buy out Kirk’s contract and avoid potential legal action against the HOA BOD. By a show of hands the homeowners attending the meeting, the majority wanted to retain Kirk. There were several homeowners, however, who expressed strong opposition to retaining Kirk.
d. Tina has a proposal from First Choice cleaning company for 3 days per week at $1,844.15 per month $3926.00 for seven days per week. Tina will continue to research proposals for a cleaning company.
Security of Parc Office:
Discussion about who can have access to the tape recordings & password to the computers. To follow-up at a later date.
Somehow the password for access to the computers for the key passes & the camera recordings was changed. The FCS manager & their maintenance person had access to these computers on Friday the 11th of June. They were unable to access the computer on Monday the 14th of June to program key passes for members of the community that had requested them over the weekend. The same password that worked on Friday did not work on Monday. An investigation is needed to learn how the passwords on both the computers got changed.
Suggestions from Homeowners for potential changes:
Extension of clubhouse to include kitchen and tables for summer enjoyment.
Make a part of 5th floor dog friendly with dog owners picking up after their pets.
Have a hot tub installed.
Violations
Discussion of violations of our governing documents.
A copy of the fine schedule approved by a previous BOD and the then HOA attorney, and distributed to Homeowners at that time, shall be provided to Peter Harrison for his review
Topic: Illegal actions by Board of Directors
Catherine Cleveland is claiming the Board of Directors are continuing to act illegally. The Board asked the Parc attorney, Peter Harrison, for his opinion as to whether they were doing anything that was illegal. Peter said that he has not seen anything from what Catherine has given him that leads him to believe that the board is acting illegally in any way.
Topic: New Management Company
Discussion: PMSI was voted on by the BOD, in the last Board Meeting, to be the new management company. The contract was handed out and discussed.
Catherine Cleveland introduced a plan that she had been discussing with other homeowners: That we cancel the contract with PMSI, hire Kirk to be the property manager, and then hire a single accountant to handle our books. There was discussion about saving money versus the higher exposure and liability in working with individuals. A homeowner questioned the wisdom of not working with a major management company and not having recourse for damages if there was serious mismanagement. Single individuals might not have the ability to financially pay for damages that might occur in mismanagement.
Another homeowner, who owns or manages several units, said he did not want Kirk to be the property manager. He then reminded the Board and everyone present at the meeting that the CC&Rs require that we have a management company and the CC&Rs would have to be changed by a 67% vote of the homeowners, before we could hire an individual to be the property manager. This pretty much ended the discussion about Catherine’s proposal.
Catherine Cleveland continued with her challenge of the legality of the Contract with PMSI. She claimed that the minutes of the Board Meeting where the PMSI contract was voted on (it passed on a 4 to 1 vote) were never approved and therefore the contract was not legal. The Parc HOA attorney, Peter Harrison, clarified that the vote is the determining factor, and not the approval of the minutes. The vote had been properly taken and the majority of the BOD voted to approve the contract with PMSI, therefore the contract, according to our Parc HOA attorney, is legal and binding.
Action and Follow-up: Move forward with PMSI as the new management company.
Topic: Financial Transparency
Discussion: The financial documents and their review were discussed including the yearly audit for 2008 and 2009. There is an independent audit for 2008 that is available to the HOA. The 2009 has not been done but will be undertaken shortly and when finalized will also be made available to the HOA. Further the HOA requested that an itemized list of expenses be provided to the BOD and any homeowner who wishes to review them.
Action and Follow-up: Make financial reports described above available to the HOA.
Topic: Retention of Kirk for Parc maintenance.
Discussion: The Parc HOA attorney mentioned that The Parc may be legally liability for damages if they were to hire Kirk at this time. It appears that if the HOA were to pay FCS $6,000 this would buy out Kirk’s contract and avoid potential legal action against the HOA BOD. By a show of hands the homeowners attending the meeting, the majority wanted to retain Kirk. There were several homeowners, however, who expressed strong opposition to retaining Kirk. However, when Kirk was questioned about actions disloyal to the current Board, he confessed that he indeed was working with one of the Board members and asking (making phone calls to) homeowners to sign a petition or resolution to remove four of the Board members. Several board members expressed their frustration and disappointment with Kirk in not supporting and being loyal to a majority of the Board of Directors. A homeowner questioned whether he would be loyal to the majority of any future Board of Directors.
Action and Follow-up: The BOD will review the options of how to move forward with retaining Kirk or getting another person for Parc maintenance and report back to the HOA at the next board meeting.
Topic: Cleaning Bids
Discussion: The bids for cleaning were reviewed and discussed. Only one bid was discussed in depth as while a request for a bid was submitted to it was not able to be obtained due to an inability of the cleaning company to access the Parc.
Action and Follow-up: Bids will be obtained prior to the next BOD meeting so that an informed discussion may be conducted.
Topic: Posting the pertinent HOA information on the website
Discussion: HOA members would like relevant material to be posted on the website.
Action and Follow-up: The BOD will work with PMSI to insure that this is done
Topic: Security of items and documents
Discussion: Items such as the computer, videos, proxies, etc. should only be available to people with authorized access. The question of the current status of the proxies was raised- it is not known where they are at present.
Action and Follow-up: Going forward a policy and procedure needs to be developed and approved by the BOD in order to facilitate appropriate access to security videos, computers and other items. Further a policy and procedure needs to be developed and approved by the BOD in order to facilitate appropriate retention and housing of documents such as proxies.
Topic: BOD lawsuit
Discussion: It was clarified that there are no BOD members being sued by Catherine Cleveland.
Action and Follow-up: Catherine requested that because this has now been clarified that it not be said again that she is suing members of the board.
Topic: Wrap up
Discussion: Home owner were requested to bring up issues and needs. Several suggestions were noted:
A hot tub and heated pool be installed with perhaps a heated pool
An outdoor kitchen
A dog-friendly section of the 5th floor was suggested
An electronic call (e-mail request) for suggestions/topics of discussion before the BOD meetings.
Concerns were raised about some HOA members and renters not abiding by the condo association rules. For example, dogs have been found to be running around the fifth floor unattended. Smoking on balconies, and discarded cigarette butts have been found on patio areas. Satellite dishes are not in compliance with the CC&Rs. Barbeques are a fire hazard and yet some still use them on balconies.
Action and Follow-up: All HOA members were asked to self-assess and determine if they are in compliance with CC&Rs and to address deficient areas. The BOD will also determine when fines may be used and will add these topics to the next BOD agenda.
The BOD meetings will take place every third Thursday at 6:00pm. The next meeting will be on 7/15/10.
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May, 2009 Newsletter
Know your neighbors! – All of us tend to take our security at the Parc at Gateway for granted. Even though we have “systems” to keep us safe, it’s a good idea to know your neighbors and look out for each other. Just this simple step can create an internal “Neighborhood Watch” for the building. We hope that you will participate. If you need Security, call CBI at 801.860.5311.
Community Website
Did you know that you can:
· List your condo for sale for free?
· Register your tenants?
· Read the governing documents?
· Communicate with the Board of Directors?
All this and more at www.parcgatewayliving.com. Check it out and give us your feedback!
Cigarette Smokers…… Please Help
We’ve noticed cigarette discards (butts!) on the patios and balconies at the Gateway. We’re not sure where they come from but please be observant and ask smokers not to dispose of their wastes in this fashion.
Window Cleaning Coming Soon……
Our target is the last week of May. As soon as we get confirmation from the cleaners, we’ll let you know the exact details with specific dates.
Lobby Flowers – Poll Results
While there was a slight majority of members who wish to keep the flowers, votes were very close. Sadly, only 10% of the members participated in the poll. The Board of Directors tabled a decision on this matter until a later date.
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