Meeting Attendees

Lisa Wurster

Bill Dickey

Dennis O’Toole

Guest: Fritz Wurster (Grounds Committee Chairman)

Meeting started at 6:00 pm and adjourned at 8:30 pm. Held at Lisa’s home.

Lisa distributed minutes of April 19 meeting.

Financial Update

Reviewed April’s financials. Noted that there are outstanding dues on 3 lots – two homes under construction and one occupied home on Caledonian Court. They have been served notices.

Violations of Covenants

It was noted that there are two noticeable violations of covenants:

Unkempt lots. There are at least three vacant lots for which the owners are not keeping lawns mowed or lots maintained. The covenants clearly state that the lot owners must keep the lots mowed and maintained. Denny will send a letter of notice to these owners and will provide a reasonable date by which the lawn must be mowed, or the Association will hire Jim to mow the lawn, and will bill the owners.
There has been an RV parked in a homeowner’s driveway for some time, which is a covenant violation. Covenants indicate that all recreational vehicles must be stored in an indoor garage. Lisa will draft a notice to the homeowner, citing the covenant section, and give them adequate time to properly store the vehicle, or the Association will have it towed.

Association Attorney

It has been mentioned several times, at various meetings, that we need to establish a relationship with an attorney for legal matters encountered by the Association. There were mixed feelings about Sean Clapp. Some who sat in on the special December meeting thought he provided adequate advice and some did not. There was some mention about his cost possibly being exorbitant and that we are unnecessarily paying for his trip from the north side if we need him to be present at a meeting. It was also mentioned that it may be more beneficial to hire an attorney versed in real estate matters; Sean Clapp is not a real estate attorney. Fritz Wurster was asked at the last meeting if he would get a recommendation from his father who is an attorney. He suggested Lynn Grey (who is representing the White River group on the Walmart and other community affairs) and she also represents Brocton Manor’s HOA. She is willing to provide her services without being put on a retainer. There was some suggestion that she may be too expensive for us. Bill Dickey called her to get her thoughts on representing HP and to discuss her fees. She is willing to represent HP and would charge approx $200/hr. She weighed in a couple of matters, including the current violation caused by the erection of a monument/sign/rock in the neighborhood. She is willing to represent HP in this matter but believes the legal expenses could be high.

The Board needs to decide how to proceed with establishing an attorney relationship.

Grounds Committee Report

Report was provided by Fritz Wurster (Grounds Committee Chairman) and Bill Dickey (Grounds Committee member).

Street Trees

The committee feels it’s imperative to restore a formal street tree plan that was part of the original subdivision landscape plan. There were several ideas shared in the approach to restore the original trees. The committee feels it’s important to ensure that all original locations for trees be restored with new trees, that the trees planted are of the right size and species. One idea was to have the Association restore the original plan – planting and paying for the trees, and then communicate to the homeowners that the plan has been restored and that it is their responsibility in the future to replace damaged or dead trees.

However, the covenants state that replacing of the subdivision trees are the responsibility of the lot owners. Several board members were concerned about the Association voluntarily paying for an item that is the responsibility of the lot owners. It was suggested that it might be best to treat this issue similar to the mowing of lots; provide notice to the owners, allow them adequate time to plant on their own, and if they fail to do so, the Association could plant the tree and bill the owner.

A concern was raised about those areas that are not clearly denoted as a spot for an original tree. How could we prove that a tree originally existed there? It appears that there are six locations where there is clear evidence of a previously existing tree. There are 13 locations where the evidence is not clear.

The Committee will put together a formal recommendation in writing and will provide a plot plan with areas denoted for tree replacement. This will come to the Board for a vote.

Entry Landscaping

The Grounds Committee is unhappy with the landscaping/maintenance of all entries. They do not believe that there has been proper upkeep with respect to weeding, trimming of bushes, mulching around the trees and spring flower plantings. They believe the entrance has looked much better in the past. They feel that the back two entrances have been completely neglected, particularly with respect to weeding and trimming of bushes. The Board feels like this might be a lack of communication with Jim Keller; he hasn’t had much direction. They feel that Jim will do whatever we want him to do; he simply needs direction. There was a misunderstanding about the upkeep of landscaping east of the creek. Denny thought this was not common area and had told Jim not to maintain it. We determined that it is common area, and that needs to be communicated to Jim. Both Fritz and Bill feel like Jim needs to be given the opportunity to improve the landscaping and maintenance, although the other two committee members would like to see a change in who provides services. The Board gave authorization for the Committee to take full responsibility for the grounds and in directing Jim (as long as they operate within budget). Fritz will meet with Jim this week.

Outstanding issues being undertaken

- Slowing traffic down

- Front entry signage

- Violation of covenants by erection of a monument/sign/rock

Bridge Repair

Fritz obtained an estimate for repair of the bridges by the creek. The estimate for repair is $6000. We’d like to obtain a quote from another brick mason; Bill Dickey will obtain a mason’s name from Tom Ray and will obtain another quote. We will have both masons give an add’l quote for a limestone cap in lieu of a brick cap.

Lake Easement

Lot #153 has a 20’ lake easement that the homeowners have built on. As a result, the easement cannot be used for access to the lake. Bill and Fritz measured the encroachment, and confirmed that it is impossible to access the lake from that location. There is a possibility that a new easement could be established on the opposite end of this property, but it will be up to the homeowner to establish it and have it recorded. Bill will draft a letter to the homeowners and will deliver it to them. We determined that the new easement should be the same size – 20’ to ensure that we have what we need for proper access.

Other Issues

Denny was asked by a homeowner if, when she takes out a big tree, she can burn the brush. We do not believe there is anything in the covenants preventing this, but Denny will check. He is also having her get approval by the Johnson County Fire Dept.

He was also asked if approval is needed to take out a big, dead tree. It is not.

A homeowner wants to install a bridge in her backyard. Denny will have her submit the plan to the Architectural Committee.

Lakes, Fountains and Pumps

This discussion has been moved forward to the next meeting so all Board members are present.

Next meeting

Next meeting will be July 14 at Bill’s house.