NIGUEL BEACH TERRACE HOMEOWNERS ASSOCIATION GENERAL SESSION MINUTES JANUARY 26, 2017

Transcription

1 NIGUEL BEACH TERRACE HOMEOWNERS ASSOCIATION GENERAL SESSION MINUTES JANUARY 26, 2017 BOARD MEMBERS PRESENT: Robert Colacion, Patrick Cornejo, Hillery Royer, Scott Minami ABSENT: Dan Adams CRSA: Christine Richards RECORDING SECRETARY: Stephanie Royce CALL TO ORDER: 7:15 p.m. EXECUTIVE MEETING DISCLOSURE: An Executive Session Meeting took place on January 26, 2017 to discuss the following, per Civil Code Section 4900 and 4935; legal matters, formation of third party contracts, member discipline, personnel issues, and/or meeting with an owner for a hearing. This statement satisfies California Civil Code 4935 (e), which states in pertinent part, Any matter discussed in executive session shall be generally noted in the minutes of the immediately following meeting that is open to the entire membership. GENERAL SESSION MINUTES APPROVAL: A motion was made by Patrick Cornejo to approve the general session minutes for the meeting held on December 15, 2016 as written. Hillery Royer seconded the motion, all in favor the motion carried. ARCHITECTURAL COMMITTEE: The Architectural Committee Chairman, Patrick Cornejo, presented an update on the railing project and noted that there is a mock up railing completed at unit #169 to demonstrate the nature of the new railings that will be installed. LANDSCAPE COMMITTEE: The Landscape Committee Chairperson, Hillery Royer, went over the status of certain landscape projects throughout the community. Plants and rock have been ordered for ground covering around stair rail posts, and will be installed after stair rail posts are completed. There will be four (4) sample

2 demonstrations of different style rock and plants before the Board makes a final decision as to which one will be used throughout the community. Hillery Royer requested approval to move forward with tree pruning to be done by Commercial Landscape Services in the amount of $4, on trees throughout the community (please see invoice No. T ) and pruning of Hakea trees throughout the community slopes (please see invoice No. T and attached map) in the amount of $ Robert Colacion made a motion to approve this request. Patrick Cornejo seconded the motion, all in favor the motion carried. TREASURER REPORT: Treasurer Scott Minami presented the Treasurer s Report for the month ending December 31, Scott Minami made a motion to accept the Treasurer s Report as written. Robert Colacion seconded the motion, all in favor the motion carried. GOVERNING DOCUMENTS COMMITTEE: Robert Colacion, part of the Govering Documents Committee, stated that the committee is open to suggestions from homeowners on topics to be covered in the new CC&R s and By-Laws document. The Committee also stated that they were instructed by Association attorney Lauri Croce not to edit the existing CC&Rs and By-Law document, but rather to entirely restate the document. The committee is discussing including items such as supermajority, transient occupancy, maximum occupancy, running in home businesses, second floor sound proofing, envelope of the building, pets, smoking, electric vehicle charging, etc. There is concern with including such a vast amount of topics, as it could make the document very rigid and difficult to pass among the majority of the Homeowners. THIRD PARTY CONTRACTS: The board discussed in the Executive session about third party contracts involving the construction default lawsuit to be filed regarding faulty window installation while under the care of the previous management company. Scott Minami made a motion to hire attorney Larry Kent on a contingency basis and sign agreement with Larry Kent after form of agreement was approved by Lauri Croce. Robert Colacion seconded the motion, all in favor the motion carried. HOMEOWNER FORUM: Michelle Lyman, owner of the Fiat 500e, submitted a check in the amount of $420.00, as payment for the estimated electrical usage for charging her vehicle in the months of August 2016 January Michelle also mentioned that she bought a retractable charging device which has been mounted to the upper interior of the car port. Secondarily, Michelle brought up concerns involving Unit #192 and excessive clutter as seen from her own unit,

3 and common area. These concerns involved potential fire hazard, pestilence, etc. Michelle also mentioned that the owners of Unit #192 are the suspected owners of a van parked on site that has been used for storage, for an undetermined amount of time. Lyle Overby expressed concerns of the CC&R and By-Law restatement. These concerns included the possible intention of the Governing Documents Committee reduction of amount of people required to approve proposed rules/amendments, limiting short term rentals. He also mentioned hope for residents and short term renters to have more of a mutual interest in protecting property value. Lyle also requested more thought to be put into the CC&Rs regarding protection of residents and investors. He also suggested that the meetings of the Governing Documents Committee should require the presence of at least one on site homeowner. Lyle offered his time to volunteer on the Governing Documents Committee. Ann Bryant spoke up regarding a short term rental property advertising a propane fire ring with an open flame, and the potential fire hazard this entails. Ann also complained of the use of a food smoking device on the deck of Unit # 235, and the obnoxious smell that it emits. Due to the loss of power throughout the community and surrounding area, Robert made a movement to adjourn the General Session Meeting. Scott seconded the motion, all in favor motion carried. Meeting Adjourned: 8:13 p.m. Respectfully submitted, Stephanie Royce Board Member Signature

4 NIGUEL BEACH TERRACE HOMEOWNERS ASSOCIATION GENERAL SESSION MINUTES February 23, 2017 BOARD MEMBERS PRESENT: Robert Colacion, Patrick Cornejo, Hillery Royer, Scott Minami, Dan Adams CRSA: Christine Richards RECORDING SECRETARY: Stephanie Royce HOMEOWNERS PRESENT: Coleen #209, Stephanie Miller #182, Bill Everett #362, Shirley Johnson #207, Lyle Overby #295 CALL TO ORDER:7:41 p.m. EXECUTIVE MEETING DISCLOSURE: An Executive Session Meeting took place on February 23, 2017 to discuss the following, per Civil Code Section 4900 and 4935; legal matters, formation of third party contracts, member discipline, personnel issues, and/or meeting with a homeowner for a hearing. This statement satisfies California Civil Code 4935 (e), which states in pertinent part, Any matter discussed in executive session shall be generally noted in the minutes of the immediately following meeting that is open to the entire membership. GENERAL SESSION MINUTES APPROVAL: A motion was made by Robert Colacion to approve the general session minutes for the meeting held on January 26,2017, with corrections: Third Party Contracts; replace Lauri Croce with Larry Kent after form of agreement was approved by Lauri Croce. Scott Minami seconded the motion, all in favor the motion carried. ARCHITECTURAL COMMITTEE: The Architectural Committee Chairman, Patrick Cornejo, presented an update on the railing project, and mentioned that approval of large landing upgrades were made in the Executive Session Meeting held prior to the General Session Meeting. There has been some delay due to poor weather conditions and acquiring materials to complete the project. The Association has acquired permits to make upgrades and repairs according to the stair rail project, for the next 16 buildings. The goal for the stair rail project is to maintain a consistent appearance throughout the complex and among regular and large upper landing railing.

5 LANDSCAPE COMMITTEE: Landscape Committee Chairperson, HIillery Royer, stated that the landscape committee is awaiting stairway completion before landscaping can be replaced below stair landings. Upon completion, there will be three (3) examples of landscaping to be installed including different succulents and rock types. Tree trimming will take place on March 3 rd. It is noted that there are some cases of an incurable fungus which is affecting the Red Apple ground cover, and the Association will need to add into the landscape budget funds for tree replacement. TREASURER REPORT: Treasurer Scott Minami presented the Treasurer s Report for the month ending January 31, Scott Minami made a motion to accept the Treasurer s Report as written. Robert Colacion seconded the motion, all in favor, motion carried. GOVERNING DOCUMENTS COMMITTEE: Robert Colacion, part of the Governing Documents Committee, stated that the committee will be including insurance coverage and homeowner/association liability in the updated CC&R s. The committee will be getting clarification from the insurance agent regarding who is liable for window coverage. ADMINISTRATIVE OVERVIEW ANNOUNCEMENTS: Announcements : The board stated that a contingency basis lawsuit has been filed regarding the incorrect installment of windows. The windows were not installed per the contract nor industry standards. The repairs for the improper installment of windows was roughly estimated to about 7 figures. There will be a disclosure letter distributed to the Community. The board also discussed that they are in the process of getting a loan, and have a few commitment letters. It is apparent that the current litigation will likely not be an issue in acquiring a loan. Under the direction of Construction Consultant, Jim Shlagel, if any more leaks are reported there will be an inspection to assess the damages, and only caulking may be done to prevent further damages. This is to be done to preserve the damages for litigation record. Once there is a better understanding of the outcome of the lawsuit there will be a town hall meeting held with homeowners and legal counsel present. Where the issue of mold arises, it will be handled to the best of the Associations ability, while still preserving damages for the lawsuit. HOMEOWNER FORUM: Colleen Riley (#209): Colleen Riley requested to be present during the next landscape walk through, as she had some questions and comments. Hillery Royer, Landscape Committee Chairperson, explained to Colleen Riley that the landscapers have an agenda for each walkthrough, but would be willing to take her on a walk through without landscaping team

6 to hear and better understand any comments or concerns she may have. Colleen also mentioned that the new doggie walk bags are of lesser quality than the ones the Association supplied previously. Stephanie Miller (#182): Stephanie Miller expressed concerns with the restatement of the CC&R s how it will be voted on and approved. She stated her concern regarding the wording of the document and how it might be laid out. The board explained to her that it will require a 75% approval, with the potential to have an extension of voting period, or potential court approval, or (but not likely) that the restatement may fall away completely. The board assured her that there will be a summary letter included with the newly drafted CC&R s that will be sent out to homeowners, which will outline the new changes from the old document. Bill Everett (#362): Bill Everett stated that he is pleased with the look of the updated railing. He also asked about the reported cases of water intrusion and there had been any increase with the recent rains. Christine Richards informed him that there have been more cases with the recent rain, involving the stucco and sliders especially. Including water intrusion from upper units, dripping down and affecting the unit below. Shirley Johnson (#207): Shirley Johnson was in attendance to the meeting because they are experiencing a roof leak in their unit, and was awaiting a response from Christine Richards. The leak seems to be the same issue as they had experienced about 4 years ago. Christine Richards stated that she would handle the matter promptly. Lyle Overby (#295): Hillery Royer made a motion to appoint Lyle Overby as part of the Governing Documents Committee. Robert seconded the motion, Scott Minami and Dan Adams in favor. Patrick Cornejo abstained. Motion carried with 4:1 in favor. Lyle expressed that he feels that the Board would benefit from exposing what the Board is working on, rather than keeping it behind closed doors. The Board announced that the next meeting will be held on Thursday March 23, 2017 at the Club House. GENERAL SESSION CLOSED: 8:46 p.m. Respectfully submitted, Stephanie Royce Board Member Signature

7 Recording Secretary

8 NIGUEL BEACH TERRACE HOMEOWNERS ASSOCIATION GENERAL SESSION MINUTES March 23, 2017 BOARD MEMBERS PRESENT: Robert Colacion, Scott Minami, Patrick Cornejo, Hillery Royer, Dan Adams CRSA: Christine Richards RECORDING SECRETARY: Stephanie Royce BOARD MEMBERS PRESENT: CALL TO ORDER: 7:24 p.m. LARRY KENT Q&A: Disclosure: The questions and answers session is confidential, as an attorney client privilege with the homeowners seen as an essential third party. There may be no audio or video recording, and matters discussed during this session may not be shared with any outside parties.

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10 APPROVAL OF GENERAL SESSION MINUTES: Robert Colacion made a motion to approve the General Session Minutes from the meeting dated February 23, 2017, with the change of the wording incurable tree fungus to incurable fungus on the Red Apple ground cover. Hillery Royer seconded the motion. All in favor, motion carried. HOME OWNER FORUM: Fred Mayo : Mr. Mayo had a question about the satellite dish policy. He raised concern about certain units with satellite dishes which may encroach on other Owners property. The Board asking him to submit an architectural application, and secondarily assured him they will be addressing aforementioned concerns with updated policy. Mike Gilette :Mr. Gilette commented that he feels cheated, as being part of Phase 3 of the siding project. He feels that the window issues can be remedied outside of a litigation. He doesn t feel that any one in Phase 2 or Phase 3 of the siding project should be responsible

11 for paying for the repair of the windows and sliding doors. He mentioned that he has serious health issues and wants to fix up his house. Kay Strate: Kay Strate requested clarification of the short term rental policy. She mentioned that it has been brought to her attention that one or more of the Board members was advertising a short term rental that is not allowed within the community. She refused to state any names. The Board informed her that there can be no action taken without proper information of who may be violating the Association s short term rental policy. Tim Hines: Mr. Hines inquired about how much money is being spent on the CC&R restatement. Christine advised him that they association has paid $6,800, and will be charged an additional fee for the comparison spread sheet, outlining changes between the old document and the newly restated CC&R s. This fee is capped out at $1,500. Christine assured Mr. Hines that no more than $10,000 will be spent on the CC&R restatement. Mr. Hines expressed his concern about the financial state of the Association, specifically regarding the money being spent on CC&R restatement while also being in the process of a lawsuit. Vida Kohanteb: Mrs. Kohanteb thanked the Board for all the work that they do. She explained how she used to operate short term rentals out of her unit, but now has transitioned to operating strictly long term rentals. She expressed to other members of the homeowner forum that they have been cited three times from the city for short term rentals, due to false accusations. She explained that these false accusations have created many problems for her and her family. She expressed the importance of accurate claims as those are helpful to the Association, and that false claims are very harmful to the Associations and its members. Edna Rios : Edna Rios expressed her concern with all the plant removal from underneath the stairs. The Board explained it was necessary to removal all plants at once; to ensure that there would be no re-growth. Once the stairs are completed there will be plants/ground cover installed to the area. ARCHITECTURAL COMMITTEE: The Architectural Committee Chairman, Patrick Cornejo, presented an update on the railing project, and stated that there are 4 more post holes to be dug. There are a total of 10 post repairs, and the goal is to have one building completed per day. LANDSCAPE COMMITTEE: The Landscape Committee Chairperson, Hillery Royer, presented to the Board photo evidence of an illegal marijuana plant growing on a common area hillside. Hillery Royer also stated that she will look into the rebate amount for drought

12 tolerant landscape turf replacement. She also mentioned to the Board that there are rebates available for a drip irrigation system. Robert Colacion made a motion to accept the installation of a drain, in the amount of $325.00, near Unit #191 to remedy the issue of standing water. Scott Minami seconded the motion. All in favor the motion carried. TREASURERS REPORT: Treasurer Scott Minami presented the Treasurer s Report for the month ending February 28, Scott Minami made a motion to accept the Treasurer s report as written. Patrick Cornejo seconded the motion. All in favor the motion carried. GOVERNING DOCUMENTS COMMITTEE: Robert Colacion, part of the Governing Documents Committee stated that the questionnaire has been submitted and a draft of the restated CC&R s should be received in approximately 30 days. This initial draft will be posted on the Niguel Beach Terrace website, and the Board is open to feedback. ADDITIONAL ASSESSMENT INCREASE: The Board discussed an additional assessment increase. The initial increase was due to mathematical errors. The highest increase that has been implemented was 11.5%. The highest increase allowed is a total of 20%. Scott Minami made a motion to increase the assessment amounts 8.5%, to all nine assessment codes, to satisfy the total increase amount of 20%.This increase is effective for the next eight months. Hillery Royer seconded the motion. All in favor the motion carried. Robert Colacion made a motion to adjourn the General Session Meeting. Patrick Cornejo seconded the motion. All in favor, motion carried. GENERAL SESSION CLOSED: 9:22 p.m. Respectfully submitted, Stephanie Royce Board Member Signature Recording Secretary

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14 NIGUEL BEACH TERRACE HOMEOWNERS ASSOCIATION GENERAL SESSION MINUTES April 27, 2017 BOARD MEMBERS PRESENT: Robert Colacion, Patrick Cornejo, Hillery Royer, Scott Minami, Dan Adams CRSA: Christine Richards RECORDING SECRETARY: Stephanie Royce CALL TO ORDER: 7:23 p.m. APPROVAL OF MINUTES: Robert Colacion made a motion to accept the general session minutes from meeting dated, March 23,2017, as written. Scott Minami seconded the motion. All in favor, not including Patrick Cornejo who had stepped out of the room for a moment, motion carried. Q&A RAILING PROJECT: Railing Project Manager Dale Meredith attended the general session meeting to answer any questions and address any concerns the homeowners may have regarding the railing project. Unit #255: Owner Kaye Strate pointed out that where the previous railing was attached to the building that there is now a hole in the stucco. She also noted that the rain gutters attached to her balcony were removed and asked when they would be replaced. Dale Meredith informed her that there will be stucco and wood repairs that will take place. He also noted that the rain gutters that have been removed will be replaced in a slightly different position but will indeed be put back up. Unit #207: Owner of Unit #207 had concerns regarding the concrete footings and supporting posts. Dale Meredith explained that the concrete footings have been redesigned by a structural engineer and approved by the city. The specifications for the new footings are 3 feet deep, 8 above ground, wide. These new footings will be poured where the

15 previous footings require replacement. In other cases, a concrete protector will be poured around preexisting footings to further strengthen Dale Meredith also explained that the rusted posts will either be replaced or repaired, depending on extent of damage. Dale Meredith also addressed a few issues that could potentially cause concerns. The appearance of sloped railings when they are indeed straight has been a topic of concern of some homeowners. This is caused by the slope that the balconies and upper landings require, to allow to rain water to run off, and to prevent pooling of water. Secondly, the brown decking material that raises up onto the lower portion of posts will be covered with white decking material to maintain a tidy look to match the railings. HOMEOWNER FORUM: Unit #255: Kaye Strate mentioned that the landscaping looks great, as well as the new vinyl railings. But now with updated railings, it is apparent that the wood siding is in need of replacement. Unit #245: Joanie McKnight asked if the Association has enough money to be able to repair the wood throughout the community. She also asked if the Association has been pursuing any loans to help with the costs of the many upcoming projects, and stated she feels that if not the Board should do a special assessment. She also inquired about when the Annual Election voting will begin taking place. The Board informed her that the candidate statements will be sent out next month. Unit #256: The owner of Unit #256 asked about the wood rot on the siding. The Board advised that the issue will be address community wide. But if there are any termite caused wood damages, to report it to Christine so that the necessary treatments make take place. Unit #243: The owner of Unit #243 noted they have damaged wood outside their unit caused by termites. Christine assured the owner that she will advise the termite control company to move forward with a termite inspection. The owner of Unit #243 also expressed concerns regarding the upstairs landing where there are uneven pavers. The Board explained that moisture has rusted the rebar in the area, but the Board is taking the necessary steps to remedy and prevent the issue such as enforcing the policy regarding no potted plants on stair ways, along with making the necessary repairs.

16 ARCHITECTURAL REPORT: Architectural Committee Chairperson Patrick Cornejo reported to the membership that over the last month over 40 rusted post supports have been welded and inspected during the process of the railing project. 65 vinyl railings have been installed as of April 27, The crew has been working at a steady pace of 3 stairways per day. The project is 50% completed as of April 27, LANDSCAPE REPORT: Landscape Committee Chairperson Hillery Royer reported that the two options for new landscaping to be placed under the stairs are located near Unit #176 and Unit #174. The new landscaping will be installed once the railing project is completed. TREASURERS REPORT: Treasurer Scott Minami presented the treasurers report for the month ending March 31, Scott Minami made a motion to accept the treasurers report from the month ending March 31, 2017, as presented. Robert Colacion seconded the motion. All in favor, motion carried. Scott Minami made a motion to shift reserve funds as stated (see pages in the April 2017 Board Report) and to update the reserve study to confirm the reserve funding amounts needed. Patrick Cornejo seconded the motion. All in favor, motion carried YEAR END: The 2016 Year End CPA draft is tabled for next meeting set to be held on May 25, CLS PROPOSAL: Robert Colacion made a motion to approve CLS proposal to install premium ground mulch in the planters throughout out the community in the total amount of $7, Patrick Cornejo seconded the motion. Scott Minami abstained. Motion carried with 4:1 in favor. MAINTENANCE ITEM: There are 3 Italian Cypress Trees in the pool area that are severely leaning that will be removed. OPTIMA ENERGY: Item tabled until next meeting set to be held on May 25, OLD BUSINESS: Solar: Item tabled until next meeting set to be held on May 25, Loan Status: The Association is in the process of pursuing loans, and will be getting updated bids for the siding and windows to provide to the bank to move forward with the loan application process. The bids will be based off the specifications provided by Jim Schleagel.

17 CC&R Restatement: The board is still waiting for a draft of the restated CC&R s to review and send out to the membership for a comment period. Assessment Increase: The assessment increase will be effective June 1, NEW BUSINESS: Electric Vehicle Charging Stations: The board is working with SDGE to have 5 charging stations installed within the community, projected to be done prior to July. The charging stations will be accessible via credit card payment. NEXT MEETING DATE: The next meeting date is set to be held on May 25, Robert Colacion made a motion to adjourn the general session meeting at 8:51 p.m. Scott Minami seconded the motion. All in favor, motion carried. ADJOURNED: 8:51 p.m. Respectfully submitted, Stephanie Royce Board Member Signature Recording Secretary