Minutes – VHOA Board
of Directors Meeting – May 31, 2005
Attendees: President, Arnie Sheldon
(Hereafter, Arnie)
Vice-President, Dori Barnard (Dori)
Vice-President, Laura Bradley (Laura)
Treasurer, Tony Perry (Tony)
Secretary, Joe Krager (Joe)
This meeting
was conducted in a vehicle on our drive to meet with an attorney in Dunn, NC.
We left Valleyfield at 6:10 PM.
Order of Business:
-
Issues with grass growth at various
properties
o
Letters will be sent to homeowners to
ensure they take care of their lawns as soon as possible.
-
Unauthorized homeowners accessing the pool
o
The Board agreed there wasn’t anything we
could currently do to prevent this from occurring except hiring a pool
attendant or lifeguard.
o
We might be able to do something about this
next year.
-
Boat at
o
The Board’s previous decision on this will
stand and occupant’s access to pool will be removed until boat is removed.
-
Boat at 112 Grassy Valley Road discussion
o
The Board will send letter to homeowner
requiring them to remove their boat from their property immediately.
-
Pool Card Key issues
o
Arnie reset several card keys that were not
giving access to the pool properly. All keys delivered should be working
properly now.
-
Status of foreclosure letters
o
Tony called CPA and left message for them
to advise on the status of the four foreclosure
letters we approved at the previous meeting.
We arrived
at the office of the attorney for our meeting at 6:55 PM. His address is:
Joseph L.
Tart, PA Attorney at Law (910) 892-5388
904 D West
Board Street (910) 892-1337
(Fax)
Dunn, NC
28334 joe@joetart.com
- Provided Mr. Tart
with an overview of issues with documents
o
Discussed how the Planned Community Act and
the Harrington v. Wade case affect our situation.
o
Need to assign fines to homeowners who
don’t follow the Declaration, By-laws, and Design Guidelines.
-
Discussed having documents rewritten
o
Add ability to fine through the use of an
amendment.
o
Possibility of created further amendments
to the Declarations.
-
Bought up the option to add a clause to the
Bylaws only
o
Not an option; change to add the ability to
fine homeowners must be through an amendment to the Declarations.
-
Discussed the enforceability of our
documents
o
Injunctions and restrict access to
community areas.
-
Discussed the filing of amendments
o
We must determine if the previous
amendments made by Bob Stafford will affect how many members of the community
need to approve the amendment to fine homeowners.
o
Two-thirds or Fifty-one percent depending
on what the attorney tells us.
-
Best approach to getting this amendment
passed
o
Ensure homeowners are accepting of proposed
amendment
§
Have already done this.
o
We will need to have the amendment drafted
and submitted to the homeowners before the July meeting. A ballot and proxy
slip will be sent for each homeowner to vote at the next meeting.
o
After approval, the attorney would file the
amendment with the Wake County Register of Deeds.
The Board
elected to drive to the attorney in Dunn, NC to save the community $225 in travel
expenses for the attorney to travel to us. The meeting ended at 8:15 PM and
Board members returned to Valleyfield by 9:00 PM. During the drive home, the
Board:
-
Hiring attorney Joe Tart to write amendment
o
We approved the hiring of Joe Tart as our
attorney to write amendment and file it after getting it approved 5 votes to 0.
o
The attorney will have to provide us the
written amendment to add the ability to fine homeowners, the voting form, and
proxy slips by June 24th.
o
The Board will send to CPA for dissemination
to the community before July 1st.
o
If the Board determines a need, the
attorney will show up for our Town Hall Meeting in July.
o
After approval, the attorney will ensure
the document is registered with Wake County.
-
Scheduled next Community Town Hall Meeting
o
July 20th, 7:00 PM, Hunt
Community Center
-
The next scheduled Board meeting will be
June 15th at 7:00 PM.
o
Location to be determined.