- Published in Archive
- 03.31.2016 BOD Meeting (293 Downloads)
Summary for the Lake Front Royal POA BOD Meeting Thursday March 31, 2016
Board members present- Azlee Bates (President); Bettie Barry (Vice President); Betty Boyd(Treasurer); Ricky Singleton (Road Maintenance); Elain Ryan (Building, Grounds and Safety)
Azlee called the meeting to order. She asked if everyone had the chance to read the December 29, 2015 meeting minutes. Everyone said “yes” there were no changes made and the minutes were approved.
Azlee stated they would not be any discussion about the Sanitary District. The agenda had already been set. There will be a special meeting to discuss the Sanitary District at a later date.
Officer and Committee Reports-
Elaine Ryan (Building, Grounds and Safety) and Kevin Barry did a “self- inspected” of the dam on January 8th, which is require by the state. This is done every other year. Everything is fine. The require paper work has been sent in to the state. A state inspection will be done next year.
Ricky Singleton (Roads)- Ricky has arranged for someone to come look at clearing some of the culvert/ ditches. He also found someone to do some tar and chipping estimates.
He also talked about the speeding problem. They are thinking of putting a sign down at the mailboxes, stating if the speeding continues to be a problem they will put in about 12 speed “humps” on Mountain Heights and Highridge. He talked how the speeding was getting ridiculous. Question was asked about Creek Rd. Ricky said when the guy comes to give an estimate on the tar and chip, he will ask about putting 3 speed humps on Creek Rd. Ricky said the old ones shouldn’t had been taken out. Azlee asked Ricky to explain the difference between “speed bumps” and “speed humps.” Humps are kind of oval shape. They aren’t raised as high as regular speed bumps. He said if people would just slow down, they wouldn’t need to put in speed humps. A member asked if a notice could be put up on the bulletin board? The answer was “yes.” Ricky said he would like to put a notice up, giving a 30th day warning that if the speeding continued they will put in the speed humps. A member also asked if the community side of the board was going to be replaced. Azlee answered “yes.”
Ricky has talked to the police several times. The only way the police could issue a speeding ticket is, if they happen to be on the mountain and saw someone speeding and driving recklessly, they could then stop the vehicle. A member asked about when someone had a wreck if the police came then? It was confirmed they do come up and make reports for accidents.
A member asked what was the status of Diamond paving? Ricky said they are supposed to come out sometime in April to do the repair work on the patches done on the asphalt back in November. Diamond told Ricky the problem had been a “bad batch” of asphalt. Ricky express his disappointment in the job Diamond did.
Azlee asked about the gravel for Highridge. Ricky said he made the call.
A member asked about the “speed humps” and plowing during the winter. Ricky didn’t see a problem with the ones they would put it. The blade could just be lifted and the material would be soft. Another member asked if they could be put, right as you are turning left of Creek Rd.? His concern was with how many people run the stop sign there and was concern about accidents. Ricky said he had already talked to the police and once VDOT took over the road, they will be able to issue tickets.
Someone asked about where we stood on the RAP? Azlee said the funding will start in June. The plans would be drawn up in the winter to review and final plans presented around February of 2017. A member asked if the plans were going to be available to the community. Answer was “yes.” A member asked the question of when does VDOT take over the road? Is it when the funding is approved or when the road is finish? Azlee said she thought they would take procession when the road was finish, but she would get clarification. A member asked if it was the “county” or the “state” who would take over? Answer “VDOT” would have control, which is the state. Are the funds for the RAP coming in? Yes, they are, Doug Stanley said we were “number two” for funding. She said Doug Stanley had estimated high around $700,000 for the entire project. Doug has assured Azlee that we will receive funding. The question was asked about our potion of the RAP? Yes, money was coming in. A member asked about whether or not we had to wait for VDOT to plow the road before our guy (private contractor) could come and start plowing. Azlee said it shouldn’t be a problem.
A question was asked about having off duty police to come and patrol the neighborhood. A discuss started about how years ago there was a volunteer who patrolled the neighborhood. Ricky asked if he was paid and the member said he wasn’t, but his maintenance fees were waiver and he patrolled for 20 years. Ricky said he would check into it. Another member asked if he had been certified? The answer was he was certified and trained by the sheriff office. He was a “reserved deputy”.
Ricky wanted to touch on the big snow storm we had. He had several people called to say their roads hadn’t been cleared. Ricky said Huey had been on the mountain all night long trying to keep the main roads cleared. 30 inches of snow is a lot to push. He thought Huey did a great job and everyone agreed whole heartily. Someone said he just wished he driveway didn’t get blocked from the plowing. Everyone said it happen to them too and it’s just something that has to be put up with. Everyone agreed that Huey was a “keeper.” A member wanted to comment on how pleased she was with all the neighbors coming out to help each other after the snow storm.
The bylaws from the annual meeting that were voted on, have been changed and will be put on the website. (handouts were given). A discussion started about putting in the by-laws about any voting and petitions would be “1 vote per lot.” There was a bit of confusion because our by-laws are set up for “1 vote per lot.” The member said with the petition, several members of the same family had voted. It was discussed the petition was under the court system and State laws, which would supersede our by-laws. It was said, you would have to go and change “their laws.” Azlee said it was a question for the lawyer.
Azlee said the board needed to hold an “executive meeting” to discuss contractual and other legal issues. There needed to be a show of hands in agreement for the board to hold an executive meeting. This meeting will be held after the regular meeting and a special meeting will be announced to discussed the findings of the executive meeting and the sanitary district. There was a “show of hands” to allow for the “executive meeting.” You can read more about Virginia State Law through the link:
A member asked what the status was on overdue collections. Betty said she just turned in 30 people for the $200. 00 RAP fee. They had so far collected in December 33,000 dollars, which is a little over half. (357 lots @ $200 = $71,400.) The accountant is behind which is normal for this time of year. They have applied for an intension for the tax return. Once the taxes and books come back they will be posted on the website. Betty said they collected about 85% in regular fees last year. Azlee said they collected around $124,000 with $33,000 of that being RAP fees. Someone asked how much does the attorney fees for collections costs. Azlee said the attorneys charges the member not the association. Betty said the collection agency also charges the member not the association, so they receive 100%. Betty said “it seems to be working pretty well.”
A member had a question about the website, she has had tried a few times to get approval. She has emailed SavyGents and they are helpful, but only to a certain point. Azlee said she would check into it. Another member said she wish the website was easier to work with.
A member had a question about removing the tree trunk from when Rappahannock came out. Someone did come and took a truck load, but never came back to get the rest of it. She was hoping someone would like to take the rest. A member said he would talk to her after the meeting and they could arrange something.
Azlee asked if there were any more questions? A member wanted to know if with the RAP, the mailboxes could be replaced? Azlee said hopefully once the funding was approved she would get it addressed and it would come under the county. Someone said it would be nice to get another “parcel box.”
At the end of the meeting a member reminded everyone about the Sanitary District meeting with Doug Stanley on Tuesday. (April 5th at 6:30 pm at the Government Building.) He encouraged everyone to come and get information. Azlee said it was not a board sponsored meeting and they would be holding a special meeting of their own for the Sanitary District.
Meeting ended at 6:45pm
Here are the changes proposed and voted on at last year’s annual meeting.
Article II; Section 2-Remove, “However, where there is a conflict or discrepancy between the Act and the bylaws or Covenants of the Corporation, the latter will apply.” The Lake Front Royal Owners Association does not supersede Virginia law.
Article II; Section 2 now reads: The Corporation is bound by the current Virginia Property Owners Associate Act. The Lake Front Royal Property Owners Association does not supersede Virginia Law.
Article V; Section 7-Remove the word “NOT” in the first sentence (sixth word). Refer to Virginia code 55-514, stating the Lake Front Royal Property Owners Association does have the right.
Article V; Section 7 now reads: The Board of Directors shall have the authority to levy special assessments, as stated in Virginia Code 55-514, which states that Lake Front Royal Property Owners Association does have the right.
Here is the Virginia Code 55-514 in its entirely: § 55-514. Authority to levy special assessments.
A. In addition to all other assessments which are authorized in the declaration, the board of directors shall have the power to levy a special assessment against its members if the purpose in so doing is found by the board to be in the best interests of the association and the proceeds of the assessment are used primarily for the maintenance and upkeep of the common area and such other areas of association responsibility expressly provided for in the declaration, including capital expenditures. A majority of votes cast, in person or by proxy, at a meeting of the membership convened in accordance with the provisions of the association's bylaws within 60 days of promulgation of the notice of the assessment shall rescind or reduce the special assessment. No director or officer of the association shall be liable for failure to perform his fiduciary duty if a special assessment for the funds necessary for the director or officer to perform his fiduciary duty is rescinded by the owners pursuant to this section, and the association shall indemnify such director or officer against any damage resulting from any claimed breach of fiduciary duty arising therefrom.
B. The failure of a member to pay the special assessment allowed by subsection A shall entitle the association to the lien provided by § 55-516 as well as any other rights afforded a creditor under law.
C. The failure of a member to pay the special assessment allowed by subsection A will provide the association with the right to deny the member access to any or all of the common areas. Notwithstanding the immediately preceding sentence, direct access to the member's lot over any road within the development which is a common area shall not be denied the member.
Article X; Section 2-A- Change this to Section 4-A, B and C. (Currently out of line.) In section 2-C (which should be 4-C) change to read: “Annual maintenance fees as assessed at the current rate. With the exception of the five (5) lots listed in Article X, Section 4B, and lots that do not perk, the fee for non-perkable lots shall be as determined by the board. Documentation supplied by the county must be submitted as verification that the lot does not perk in order to qualify for a reduced fee.”
Article X; Section 4-C now s reads: Annual maintenance fees as assessed at the current rate. With the exception of the five (5) lots listed in Article X, Section 4B and lots that do not perk, the fee for non-perkable lots shall be as determined by the Board. Documentation supplied by the county must be submitted as verification that the lot does not perk in order to qualify for the reduced fee.
Article VIX; The Code of Conduct-Remove this Article pending revision and clarification.
The old Article VIX read as: ARTICLE VIX- CODE OF CONDUCT
The following code of conduct for Board members to ensure that they maintain a high standard of ethical conduct in the performance of the Association business, and to ensure that the residents maintain confidence in and respect for the entire Board.
1. No individual shall use his/her position as Board member for private gain, for example:
2. No Board member shall solicit or accept, directly or indirectly, any gifts, gratuity, favor, entertainment, loan, or any other thing of monetary value from a person who is seeking to obtain contractual or other business or financial relations with Association.
3. No Board member shall accept a gift or favor made with intent of influencing decision or action on any official matter.
4. No Board member shall receive any compensation from the association for acting as such.
5. No Board member shall engage in any writing, publishing, or speech making that defames any other member of the Association Board or resident of the Association community.
6. No Board member will willingly misrepresent facts to the residents of the community for the sole purpose of advancing a personal cause or influencing the community to place pressure on the Board to advance a Board member's personal cause.
7. No Board member nor his/her agent or employee or family member shall enter into a personal service contract with the Association without previous disclosure of such interest to the Board.
8. No Board member will seek to have a contract implemented that has not been duly approved by the Board.
9. No Board member will interfere with a contractor implementing a contract in progress. All communications with the contractors will go through a board member.
10. No Board member will interfere with the system of the association established by the Board and the company.
11. No Board member will harass, threaten, or attempt through any means to control or install fear in a board member or contractor operating on the behalf of the board and community.
12. Any Board member who violates this code of conduct agrees that the Board of Directors may seek injunctive relief against him/her and agrees to pay the attorney's fees incurred by the Board in that enforcement effort.