September 16, 2004
The Special Board meeting of Quail Hollow-East Homeowners Association was called to order at 7:38 P.M. on September 16, 2004 in Tigard, OR. by Dick Pacholl.
Present: Dick Pacholl
Jess Kriegel and Brent Mills were absent due to personal conflicts.
A. Approval of Agenda
The agenda was unanimously approved as distributed.
B. Approval of Minutes
The reading of the minutes were waived.
C. Approval of Treasurerís Report
The treasurerís report was approved.
D. Open Issues
There were no open issues.
E. New Business
1. Tryon Creek Landscape Contract
The bioswale in the cul-de-sac needs to be weed whacked every other week during the growing season in order to maintain an acceptable appearance. Tryon Creek will do this with an additional cost of $40 per month. Motion by Dick Pacholl was made and seconded to increase the common area maintenance contract monthly payments to Tryon Creek Landscape by $40 per month to allow for weed whacking the bioswale in the cul-de-sac every other week during the growing season. The vote was taken and passed unanimously.
2. Tryon Creek Landscape - Special Project
Many trees in the bioswale in the cul-de-sac have died, need to be removed and replaced. In addition the upper portion of the bioswale needs appearance improvement as does the area along 124th. An estimate has been obtained from Tryon Creek to accomplish these tasks in the amount of $1,605.00. Motion by Gerald Pitts was made and seconded to accept the contract for the special project from Tryon Creek Landscape. The vote was taken and passed unanimously.
3. Elections for 2005
Susan Casey has been appointed chairman of the nominations committee. She has chosen Susan Harris and Dan Casey to work with her on the committee. She prepared a flyer to be distributed to the members. When the cost of duplicating the flyer was found to be $144+, it was suggested the purchase of a color laser printer would be appropriate and reduce future costs of flyers. Office Depot sells a HP Color Laser printer for $499.95. In addition, the Association needs to have a printer for the statements and other communication tasks. Motion by Dick Pacholl was made and seconded to purchase a HP Color Laser printer from Office Depot. The vote was taken and passed unanimously.
4. Attorney Consultation Authority
It is apparent additional action needs to be taken regarding the one account that is severely delinquent. The attorney needs to be contacted to find out what action can be taken. Contact with the attorney costs money. Motion by Steve Bintliff was made and seconded to authorize consultation with the attorney regarding further actions that may be taken. The vote was taken and passed unanimously.
5. Parking Policy
The CC&Rís regarding parking are unclear and something needs to be done to preclude the neighborhood from becoming unsightly with trash trailers parked in the driveways and disabled cars left on the street for long periods. A proposed policy was discussed, however, it was determined the CC&Rís should be amended to clarify parking. It was determined a full review of the CC&Rís should be made to determine if other areas needed clarification.
6. Policy regarding Lawn Care Maintenance
Concern has been expressed that some homeowners are not following the CC&Rís regarding maintaining the front lawn properly. A couple of homes distinctly show the absence of watering and mowing. Weeds have taken over the lawns and stand two feet high. Where there is grass, it is about a foot high. The CC&Rís give the responsibility for making certain the lawns are properly maintained to the Board. In cases where the maintenance is not performed the Board has the authority to hire the work be done and charge the homeowner. The following proposed policy was tabled pending the inclusion of the letter format to be sent to the homeowner.
Lawn Care Policy
WHEREAS, Article VI of the Bylaws of the Quail Hollow-East Homeowners Association grants power to the Board of Directors to conduct Association business, Section 17 of the Declaration of Covenants, Conditions and Restrictions (CC&Rís) grants the authority to make rules governing the Home Association.
Section 13 of the Declaration of Covenants, Conditions and Restrictions states:
HOME AND YARD MAINTENANCE. The maintenance, upkeep and repair of individual homes shall be the sole responsibility of the Association, its agents, subagents, officers or directors. Owners shall maintain their Lots and homes and all appearances thereto at all times. All lawns shall be adequately watered and kept mowed and properly trimmed. Each Owner shall be obligated to maintain all landscaping (including lawn) on Ownerís Lot in a healthy and attractive state and in a manner comparable to that on the other Lots in Quail Hollow. After notice to an Owner from the Association of such Ownerís failure to so maintain such landscaping, the Association, at its sole discretion, shall have the right, through its agents and employees to enter upon such Lot in order to repair, maintain and/or restore the landscaping. The cost of such work shall be an assessment on such Owner and its Lot only, and the provisions of this Declaration regarding collection of assessments shall apply thereto. Prior to Turnover to the Association, Declarant shall have the same authority and rights of enforcement as provided to the Association. In this Section, each Owner is responsible for the operation, repair and maintenance including winterization and spring start-up of their own private front yard sprinkler system installed by Declarant during home construction.
LET IT BE RESOLVED THAT these procedures shall be followed:
a. Resident - party living in the home which may be the homeowner or party to which the homeowner is leasing or renting the property
b. Member - Owner of the property
c. Violation - failure to water and maintain the front lawn and landscaping in a healthy and attractive state comparable to that on other lots in Quail Hollow-East.
d. Complaint - Verbal or written notification to the Board of Directors of a violation as defined above
2. Upon notification to the Board of a violation, a letter will be sent via first class mail to the resident and/or member as defined above, advising of the violation, asking the resident and/or member to comply with CC&Rís section 13 within 10 days of the date of the letter.
3. If in non-compliance after that date a landscape company will be hired to bring the property into compliance at the memberís expense.
4. If the member immediately notifies the board a circumstance beyond the memberís control exists which precludes bringing the property into compliance, the Board will determine if an extension of time should be given to bring the property into compliance.
Meeting was adjourned at 9:00 PM by Dick Pacholl.