HOA Meeting Minutes June 10, 2010 8:15 pm 10:00 pm
Meeting Minutes I. Call to Order President Ben Grubb called to order the regular meeting of the Northampton Homeowner s Association at 8:15 pm on the 10 day of June, 2010. II. Roll Call 15 members in good standing were present at the meeting. Certified proxies for Georgann Giudice appointed either Ben Grubb or Ashley Townsley as proxy. Open Business Proposed Amendment Addition [A]. Open discussion motioned & seconded. Decorative lights on back porch do not count. Holiday decorations are explained by seasonal decorations. Alma Mater decorations are not included within the seasonal decorations definitions. Resident expressed concern about the fine being $25/week as excessive. The request was made that a cap be placed on fines. The motion was made to add & adapt CCR Article IV; Section 4.15 as follows: ARTICLE IV PROHIBITED USES ADDITION: SECTION 4.15 EXTERIOR HOLIDAY LIGHTS/DECORATIONS Proposed addition: Exterior Holiday Lights/Decorations. Exterior Holiday Lights/Decorations may be up no earlier than 45 days before given holiday and taken down no later than 30 days after holiday is over. There will be a penalty for not removing lights/decorations within 30 days. Homeowner shall be fined $25/week after 30 days until all lights/decorations are removed. The BOD reserves the right to utilize any means necessary {as stated in Bylaws Article IV; Section 4.3.16(p)} within the parameters of the CCRs and local and state laws to ensure compliance. If Holiday Lights/Decorations have not been removed at 60 days, the HOA BOD reserves the right to contract a Licensed and Bonded contractor (i.e. gutter or roofing company or licensed handyman) to remove said lights/decorations. The BOD will provide a box and the lights/decorations will be placed in an orderly fashion on the Homeowner s front porch. A bill will be sent from the HOA to the Homeowner within a 48 hour period.
Proposed changes prior to voting: Exterior Holiday Lights/Decorations. Exterior Holiday Lights/Decorations may be up no earlier than 45 days before given holiday and taken down no later than 30 days after holiday is over. (Year-round decorative lights on the back of property or Alma Mater/University decorations both being within good taste and appropriate for the neighborhood ascetics are not included in the definition of Exterior Holiday Lights/Decorations.) There will be a penalty for not removing exterior lights/decorations within 30 days of said holiday. Homeowner shall be fined $25/week after 30 days until all lights/decorations are removed. There will be a cap of $2,500 per year for this fine. The HOA BOD reserves the right to utilize any means necessary {as stated in Bylaws Article IV; Section 4.3.16(p)} within the parameters of the CCRs and local and state laws to ensure compliance. If Holiday Lights/Decorations have not been removed at 60 days after the said holiday, the HOA BOD reserves the right to contract a Licensed and Bonded contractor (i.e. gutter or roofing company or licensed handyman) to remove said lights/decorations. The BOD will provide a box and the lights/ decorations will be placed in an orderly fashion on the Homeowner s front porch. A bill will be sent from the HOA to the Homeowner within a 48-hour period. Explanation for addition/changes: The Exterior Holiday Lights/Decoration policy has been requested to encourage Homeowner s in the neighborhood to take down of holiday lights/decorations in a timely fashion. There has been an ongoing problem with the timely fashion in which the homeowner takes down holiday lights/decorations currently in the neighborhood, which in turn motivated this request. Motion for ending discussion of the Exterior Holiday Lights/Decorations policy addition. Motion to vote on the addition of CCR Article IV; Section 4.15. 9 voted in the affirmative and 5 in the negative. Motion passes. Open discussion on Article IV; Section 4.7 View from street or lot. Open discussion motioned & seconded. Resident asked what is the true definition of visible. Agreed on amending section to state that trash receptacle must be at least 5 ft from the front of the house. The motion was made to adapt CCR Article IV; Section 4.7 as follows: ARTICLE IV PROHIBITED USES SECTION 4.7 VIEW FROM STREET OR LOT Bylaws currently read: View From Street or Lot. All clotheslines, garbage cans, equipment, coolers, or storage piles shall be located as not to be visible from any other Lot within the Project. Garbage cans may be visible on the day of pick-up only and shall be hidden from sight at all other times. Proposed change: View From Street or Lot. All clotheslines, garbage cans, equipment, coolers, or storage piles shall be located as not to be visible from any other Lot within the Project. Garbage cans may be in front of property visible on the day of pick-up only and shall be hidden from sight at all other times must be kept at
least 5ft behind structure/garage line and on the side of house. Garage cans storage on front porch or in front of house is not permitted. Explanation for change: The change was made to allow homeowners to store their garage receptacles on the side of their house as long as it is at least 5ft back from the structure line. The change was made to accommodate the homeowners who have concrete storage slabs already in place and to compromise on a reasonable storage solution to benefit the ascetics of the neighborhood while also keeping accessibility in mind. Motion for ending discussion of the amendment of CCR Article IV; Section 4.7. Motion to vote on amending CCR Article IV; Section 4.7. 13 voted in the affirmative and 2 in the negative. Motion passes. Open discussion on Fine Schedule & Enforcement Policy. Open discussion motioned & seconded. Ben Grubb read over the Fine Schedule & Enforcement Policy in it s current state. Residents expressed concern on the lack of fine caps for legal reasons. Resident wants cap put on fines per year. Proposal of amendment on fine cap of $2,500 for the $25 fines. Proposal of amendment on fine cap of $5,000 for the $50 fines. Proposal of amendment on fine cap of $10,000 for the $100 fines. Reworded & added the caps on fines. Amended policy to make wording less vague. ARTICLE II HOMEOWNERS ASSOCIATION SECTION 2.7 RULES AND REGULATIONS; FINES; ENFORCEMENT Bylaws currently read: Rules and Regulations; Fines; Enforcement. The Board of Directors is empowered to adopt Rules and Regulations together with the authority to impose fines, all of which shall be binding on all Owners as if fully set forth herein. Proposed change: Rules and Regulations; Fines; Enforcement. The Board of Directors is empowered to adopt Rules and Regulations together with the authority to impose fines, all of which shall be binding on all Owners as if fully set forth herein. Fine Schedule & Enforcement Policy FIRST CORRESPONDENCE (Informing Homeowner of Violation): A courtesy letter citing the specific violation(s) and requesting correction of said violation(s). Said correspondence will encourage homeowner to contact the HOA board for further discussion or questions if necessary. SECOND OCCURRENCE OF VIOLATION (After first correspondence goes without change): A letter sent requesting the homeowner to appear at a hearing before the Board of Directors (or their appointed designees) to address the cited violation(s). The letter will identify the nature of the violation(s), date, time and location of the hearing. If the homeowner fails to appear at the hearing or provide written evidence on his/her behalf, a monetary penalty will then be imposed against the homeowner. The Board of Directors will notify the homeowner, in writing, of its decision.
CONTINUING OCCURRENCE OF VIOLATION: The Board may impose a continuing monetary penalty, assessed on a weekly basis, without additional notice or hearing, until the infraction or violation has been remedied. (A continuing violation is a violation of an ongoing nature, which has not been corrected.) REPEAT OCCURRENCE OF VIOLATION: Hearing Letter to Homeowner. (A repeat violation occurs when a person violates the same provision of the Association s governing document more than once and has already been given the appropriate warnings and hearing. A repeated violation will result in an immediate doubling of fines.) FINES Amount of the monetary fine differs depending on violation. Fines generally apply but are not limited to Articles III IV. The amounts for each violation are as follows: Article III Violations of Sec 3.2, Sec 3.3, Sec 3.4, Sec 3.5, Sec 3.6, Sec 3.7, Sec 3.8, Sec 3.9, Sec 3.10 and all subsections found within, shall be subject to a fine of $100.00 per week for Architectural Violations. Said homeowner shall not be fined more than $10,000.00 in one calendar year from date of first occurrence of said violation. Article III Violations of Sec 3.1 [Single Family Residence/Commercial Use of Property] and all subsections found within, shall be subject to a fine of $50.00 per week for occurring violation. Said homeowner shall not be fined more than $5,000.00 in one calendar year from date of first occurrence of said violation. Article IV Sec 4.1 & Sec 4.4 An occurrence of violation shall be recorded by the following: Digital photos will be taken of the property for documentation purposes including the date and time of the photo. The property owner will be notified and has seven (7) days to comply and complete the necessary landscape maintenance place the property within the landscape guidelines of the HOA stated in the Conditions, Covenants & Restrictions Article IV; Section 4.1. Eighth days after homeowner s notification of violation, the board of directors will re-inspect the property. If said violation is not corrected by the eighth day, the HOA will hire out the maintenance of said landscape. Homeowners of said violation will be billed for the landscape maintenance. In addition, homeowner will be fine $50.00 per occurrence of violation. Said homeowner shall not be fined more than $5,000.00 in one calendar year from date of first occurrence of said violation. Article IV Sec 4.2, Sec 4.3, Sec 4.5, Sec 4.6, Sec 4.7, Sec 4.8, Sec 4.9, Sec 4.10, Sec 4.11, Sec 4.12, Sec 4.13 and all subsections found within, shall be subject to a fine of $25.00 per week for occurring violation. Said homeowner shall not be fined more than $2,500.00 in one calendar year from date of first occurrence of said violation. Any violation found by HOA not listed here within will be subject to reasonable fine brought forth by the board of directors not to exceed $500.00 per week. Homeowner in violation shall not be fined more than $10,000.00 in one calendar year from date of first occurrence of found violation. The payment of any and all legal fees and costs incurred by the HOA to enforce violations or collect
fines shall be the responsibility of said homeowner. Homeowners are responsible for damage caused to common areas of neighborhood. The property owner is responsible of informing tenants if applicable of HOA rules and regulations. The property owner is responsible for any common area damaged caused by tenants. Explanation for change: The amendment was made to allow the BOD to enforce the policies already in place with the HOA. The primary objective for the board of directors rules enforcement policy is covenant compliance. The bylaws require the Associations to publish a process/fine schedule prior to imposing monetary penalties. The above listed is the fines and schedule of said enforcement. Motion for ending discussion of the amendment of CCR Article IV; Section 4.7. Motion to vote on amending CCR Article IV; Section 4.7. 12 voted in the affirmative and 4 in the negative. Motion passes. Motion was made and passed to close open business discussion and move to new business. IV. New Business Resident stated that they live in the only cul-de-sac (2305 NW 157th Terr) that does not have a street light on it. They are requesting that one be installed. Ben Grubb explained how the HOA will have to pay around $800 to have one installed. The resident requested that the light installation be brought up for a vote at the meeting. A motion was made to vote on installing a street light in the cul-de-sac at NW 157th Terr. Vote passes. V. Open Discussion: Garage sale Details given by Theresa Bunn. Theresa also noted that National Night Out is on Northampton s social calendar and will be celebrated on September 14th. On the issue of the streets being filled with trash and empty lots not being taken care of, a homeowner stated that anyone could call the Oklahoma City Storm Water Quality Authority and make a report. She also stated you could file a report on their website as well. A resident brought up the playground issue and Ben Grubb explained the current status of the problem. The HOA is working to get a lot donated by the developers. We are hoping to get either the lot that has a large tree located on it or the lot that has the guy-wires in it will be donated because neither of these lots are able to be sold. The price for purchasing a lot out right would be around $30,000 and is currently too expensive for the HOA.
V Adjournment Pres. Grubb accepted motion to adjourn the meeting. Motion passed. Meeting was adjourned at 10:00 pm.