Minutes – Monthly Board
Meeting
President
|
Richard Schinner
|
301-977-5196
|
evantage@comcast.net
|
Nov 2005
|
VP Detached Homes
|
Lisa Goodman
|
301-963-3807
|
goodgrl@verizon.net
|
Nov 2005
|
VP Town Homes
|
Eileen Solomon
|
301-330-2876
|
betamax14@comcast.net
|
Nov 2007
|
Treasurer
|
Mohammad Homaitabar
|
301-318-8446
|
homaitabar@yahoo.com
|
Nov 2004
|
Secretary
|
|
301-977-0523
|
jerway@comcast.net
|
Nov 2005
|
|
Chairperson |
Kathy
Wyatt |
|
Member |
Rita
Becker |
|
Member |
Dennis
Zepp |
1.
ABSENT: Rita Becker
2. GUESTS: Brian
Zarchin, Orchard Knolls Owner
Bill
and Erika Rossiter, Orchard Knolls Owner
3. CALL TO ORDER:
4. MINUTES:
Item 8,
Typo Correction: Cash Flow , $1,200 to
$1,249.
Item 8, Typo
Correction: Other, “Bad Dept” to “Bad Debt”.
Item 6 , Paragraph “e”: Insert new first sentence: “Due to legal requirements identified in
Orchard Knoll’s Articles of Incorporation, Orchard Knoll’s HOA is organized Not-for-Profit”
(Clarification from auditor)
No
further changes. Motion made to
accept. 2nd. Passed
5. HEARINGS: None
6. GUEST BUSINESS:
a) Brian Zarchin - See “Newsletter” below.
b) Rossiters - Bill and Erika Rossiter are planning
improvements in their rear yard to stop erosion, improve drainage, and reclaim
a small amount of area wasted due to runoff. They now plan to simply add fill dirt to the
eroded areas and plant Pachysandra ground cover. However, they wish to also improve abutting creek
bank areas to create a more useable yard area.
They submitted two earlier letters focused on extensive construction which,
at their request, were withdrawn tonight. The focus of their discussion with BOD tonight
was to obtain permission to encroach upon the small portion of creek bank. This is common area which abuts their rear
yard. Their intended use appears to have
no impact on neighbors. Two members of
BOD visited the site earlier. Those two
members saw no negative impact to the Homeowner Association or neighbors and
recommended approval to other members tonight.
Approval from BOD tonight will allow Rossiters to implement a more
simplified solution to the erosion and runoff problem.
After much discussion, BOD tentatively approved the rear
yard upgrade plan - contingent upon
receiving a disclaimer letter from Rossiters holding Orchard Knolls Homeowner
Association harmless from liability or future maintenance of, on, or from, the small
encroached common area.
7. ARCHITECTURAL REVIEW COMMITTEE BUSINESS:
Architectural
Change Requests (ACR) - None submitted this month.
House
Numbers - Additional Architectural
Guideline Approved - Due to
concerns by County Fire, Rescue, and Police, as well as guests, it became
apparent we needed a 2nd location for house numbers on garaged
townhomes. BOD and ARC jointly tested locations,
styles etc. During the month, ARC
reviewed and voted on final language for an added Architectural Guideline section on house numbers. To clarify related issues, ARC added definition
for other home types. Without BOD
objection, ARC approved the following text to be added to master Architectural Guidelines - effective
immediately:
General: Quick response to an emergency is desired by
all. Fire, Rescue and Police advise that
they follow house numbers in their search for location of an emergency. Although some owners may wish to not display
house number, Board of Directors concluded that it is the greater benefit of
all that every home in Orchard Knolls display a number.
Garaged Townhomes:
An optional, additional set, of brass house numbers, in a more visible
location at bottom of stairs facing the street, is recommended. Original
builder’s brass, six-inch, script-style numbers, in original location, must be
retained. For consistency in the
townhome community, only one second location is allowed. The second location
must be brass numbers, no smaller than
four-inch height. Script style is
required. Optional second set of house numbers should be placed
vertically centered top-to-bottom on bottom right post facing townhome from the
street. One-half-inch spacing between numbers is most effective. Post and stair rails color must match
original builders trim color of home. Curbside painted house numbers are
not allowed in the townhome community.
Non Garaged
Townhomes: House numbers must remain original builder's location, style,
color, mounting type, and dimension. A second location will be not
approved
Detached Homes:
Original builder’s dimension, style and location should be retained. Any change requires prior submission and
approval of an Architectural Change Request.
Optional curb-painted house numbers do not require ARC approval, but
must be black letters on white background. Curb-painted numbers are
restricted to curb locations directly adjacent to either or both sides of the driveway
entrance.
8. TREASURER’S REPORT :
ABS’
Orchard Knolls Financial Statement, March 1 thru 31, 2004 - One copy
to each member. Jerry requested that
Treasurer report consistent key measurements to provide a similar benchmark each
month. ABS’ amounts are effective last
day of the month. Lack of sufficient
funds to accomplish critical repairs and upgrades was again uppermost
discussion and caused heated debate.
Key
Financial Measurements are Negative:
|
Checkbook $13,613 Balance Sheet |
|
|
|
Planned
April Expenses: |
|
April Fixed Expenses:
4,333 ABS,
Insurance, Water, Electricity, Trash, Lawn Care, Web |
|
Sprinkler Startup 600 Seasonal
Charge |
|
Repair & Paint Gazebo 650 Quote
– Work is complete |
|
Replace Broken Streetlight 1,300 Estimate |
|
Cul-de-Sac Repairs/Upgrades 12,660 1 - Tree Option |
|
Remove 6-8 Downed Trees 2,000 Estimate |
|
Surplus / (Shortfall)
($ 7,930) |
|
|
|
Operating
Reserve CD $
7,588 Balance Sheet (Zero next
month) |
|
|
|
Townhome
Reserves (55%): |
|
Required (EOY) 69,400 Replacement
Forecast |
|
Actual 59,680 Income
Expense Statement |
|
Expected Income to EOY 4,173 $843 / Month x
.55% x 9 (Apr-Dec) |
|
Surplus / (Shortfall) ($
5,547) |
|
|
|
General
Reserves (45%): |
|
Required (EOY) $55,800 Replacement
Forecast |
|
Loan – |
|
Actual 50,958 Income
Expense Statement |
|
Expected Income to EOY 3,414 $843 / Month x .45%
x 9 (Apr-Dec) |
|
Surplus / (Shortfall)
($ 6,028) |
|
|
|
March
Cash Flow |
|
Operating Income $5,582 Fixed
Annual Income, Less Reserves / 12
Months |
|
Cash Disbursements 4,578 ABS Statement |
|
Surplus / (Shortfall)
1,004 |
Assessment
Delinquencies: None
Significant
Bad
Dept: NSF Check from previous owner
of 15??? CBL will be turned over to our attorney for collection.
May
Have to Rent Storage for HOA Records: ABS wants to discard all HOA records older
than 7 years. If we want/need to save
them, we must make arrangements for other storage. We asked ABS to provide a cost to store those
records in a suitable facility. We have
not heard back. Treasurer will discuss
with ABS.
9. UNFINISHED BUSINESS - (ADDRESSED TONIGHT)
Trees
Down Since Fall 2003 – Jerry handed out photos of downed trees in Townhome
areas. They have been down since
2003. There are more down in west creek
area between 12026 and
Cul-de-Sac
Upgrade: Lisa noted that the Cul-de-Sac project was not
actually an upgrade, but a repair project. Lisa noted that the Cul-de-Sac shrubs and
azaleas are mostly dead and the missing trees (downed by storms) have not been
replaced. Noting that, Jerry, Mohammad and Eileen agreed to limited funding –
proceeding with only repair portions of the Cul-de-Sac project and defer the
upgrade portions to after approved increased assessment. Lisa and Rick were not in agreement with that
approach. The debate degenerated to a
Single Family Homes Vs Townhomes fairness-in-spending issue again. Again, constraint on funds is key.
Limited
Approval to Proceed with Cul-de-Sac Upgrade and Removal of Downed Trees: The
Operating CD will be cashed, there will be a temporary spike in income over
April, May, June, and a minimum 13.2% assessment increase will take place. With
that financial security - a motion was
made, seconded and passed to authorize Rick to award Landscape Innovations Inc.
a contract to Repair/Upgrade Cul-de-Sac Project at Not-to-Exceed $14,000, - Contingent
upon also removing the 8 downed trees, and also contingent upon deferred
billing to a minimum of 30-60-90 day payments after completion of project, or even
better repayment terms. Rick will
contact Landscape Innovations for negotiations.
Forecast
of Negative Cash Flow Delays Repairs and Most Upgrades: Treasurer noted that April income is not
shown on this statement. Rick noted that April is quarterly income month so
there should be more funds available for April, May, June. Jerry cautioned that every month’s income is
80% committed by contracted expenses before it arrives. Rick countered that we can spend the operating
reserves CD. Jerry again cautioned that
BOD already approved several other expenses to be billed this month - payments dependent on the CD. Jerry called for spending by priorities -
repairs before upgrades. All agreed with
the principal but there was immediate redefinition of “repair” vs “upgrade”. Jerry noted that spending the reserve
operating CD was risky but provided temporary relief. Spending it could be rationalized by noting
that a minimum 13.2% assessment increase will take place in next few months -
perhaps more. Due to forecast of
negative cash flow over next few months BOD postponed following spending
activities:
Replacement of broken light pole
Staking of leaning trees,
Removal of dead trees and shrubs
Community stump removal
Upgrade lettering on entrance
marque
Addition of 2 streetlights on
center island
Upgrade marque lighting.
Landscape Upgrade in
New Community Flowers Proposal (Landscape
Innovations Inc.)
Recovery
of Value for Damaged Rt. 28 Sprinkler System – Responding to our Attorney,
SHA met with Jerry on site this month to evaluate damage. SHA will contact Unity, our sprinkler
contractor, to obtain a price to repair system.
We do not want system repaired because area to be sprinkled has been eliminated
by SHA. SHA stated they will not give
us a check – they will only repair the system and may do it themselves. Jerry contacted Unity to explain the
dilemma. Unity will be on site early May
and will propose an alternate sprinkler routing plan. We are waiting on a counter proposal from
SHA.
Newsletter (Includes Common
Area Behavior Rule) to be Published First Week in May - Brian Zarchin provided a 4 page draft of proposed
newsletter – including all articles received to date. Some articles were earlier editions and need
update. Jerry noted that publication has
been delayed. Jerry also reminded that we have to attach new final Common Area Behavior Rule for legal
distribution to every owner. Brian will
provide final draft to Rick by Monday May 3.
Rick will provide master copy to Jerry May 4. Jerry will make 160 copies, black and white,
back to back, (Newsletter and Behavior Rule), at Kinkos and deliver to ABS on
May 5.
ABS needs May 5 -7 to prepare and mail the package. We must have the package in the mail by May
10 in time to provide additional information on upcoming May 17 Special Meeting
for Assessment Increase.
Delayed Repair of
Day Care – Attorney Confirms Requirements: Attorney confirmed that all Day Care Operations in Orchard
Knolls are required to have a Maryland License, $300K Liability Insurance, and
to annually be registered with our HOA. No
more than 11 are allowed. However, attorney advised that in 1995, HOA rejected
the option to charge an annual fee, so charging a fee was not included in our
Day Care Rule 1995-1.
Jerry noted
that our records indicate that there are no registered Day Care Operations in
Orchard Knolls at this time. However
owner observations indicate otherwise.
BOD decided to table the matter until a less busy time.
Spring
Inspection
Replacement
of Damaged Streetlight Post Delayed :
10. NEW BOD BUSINESS
Entrance
Flags, Mounts broken, Flags Worn.
Upgrades Underway - We have had
to replace the Nylon mounts three times this spring due to failure under high
winds. The flags are worn, torn and
faded. Typically we replace the flags
twice a year. In the spirit of higher quality – we will begin to purchase higher
quality flags and mounts, but at a higher cost. Brian Zarchin provided a source where our
community may procure commercial mounts and longer lasting flags. Thank you Brian.
Owner/Member
Memorial or Honorarium - Donation or
Gifting to Orchard Knolls – On several occasions over last few years, members
have raised the question or possibility that an owner might be interested in gifting
or donating funds for new playground as a memorial, or donating funds for a new
east entrance marque in honor of a family member, loved one, or honorarium to
an event. The resulting asset could be
respectfully marked as a memorial or honorarium with a bronze plaque or
equivalent, honoring the loved one or identifying the donor.
Jerry contacted our auditor this month to determine if
member donations and gifts to our Homeowner Association are allowed, or, would such
an event jeopardize our tax status, and are they tax deductible? Our auditor advised that they would not be
tax deductible because Orchard Knolls is not a charitable organization. However in addition to being well received,
Orchard Knolls would not be taxed on the asset or it’s installation. This information will be inserted in our
upcoming newsletter.
2004
Sprinkler System Startup Scheduled: BOD received word from Unity, our Sprinkler
System contractor that they plan to startup our system first week in May. Contractor was asked to repair turf damage to
center island caused by underground work last fall.
May
17 - Special Membership Meeting for Assessment Increase – Requires 75 Owners -
If a second meeting is necessary, it will be Monday, June
21, same time and place. That meeting will require
only 38 owners or proxys. Passage will
only require 20 positive votes.
If neither meeting provides passage of an amount larger
that 13.2% assessment increase, BOD expects to use it’s Article V power to
unilaterally execute an immediate 13.2% increase in June, followed most likely
by another significant increase in the November annual meeting.
Key
EOY 2003 CPI Factor for Assessment Increase Established: Jerry noted that research on government web
sites indicate that
2004
and Future Year Reserve Requirements will Increase - Jerry
will update our Asset Replacement
Reserves Forecast to account for the 3.2% CPI data. Since the current forecast was only using
1.5% factor, the adjustment will result in increased Reserve Fund needs for EOY
2004 and future years.
Gazebo
Mailbox Repairs and Painting Done:
Paint and Repair contractors were on-site painting same
color trim for several residences this month. To cut our costs, they agreed to repair the
damaged trim and paint the gazebo while they were on site. Unfortunately, no construction was approved
for defense against children climbing to top.
Draft
Audit Complete – The preliminary audit was received and reviewed by our
Treasurer. President signed agreement to
proceed with final.
Tax
Forms Received: President signed
Federal and State tax forms tonight.
Common
Area Lawn Care Complaints, Delayed Spring Entrance Flowers – Many
owners are asking why we do not have spring flowers. In early April, several neighbors complained
of unsightly tall weeds and grass in entrance center island and other common
areas. Our new landscape contractor was
called and quickly responded to cut high areas. He explained that the 2
contracted cuttings in March were not necessary. He explained that he delayed
the flowers until Mothers Day to avoid late freeze damage. The center island grass is high and full of
weeds again as of tonight. Beth Frank
contacted BOD to advise that the entire west side entrance berm has not been
cut, fertilized or treated this year. It
appears contractor is not aware of this common area. Rick will contact lawn care contractor again. Jerry will advise Unity (sprinkler
contractor) to sod all center island areas damaged by last fall’s sprinkler
system installation.
BOD
Notice of Satellite Dish Installation – BOD received notice of
planned installation at
BOD
Notice of New Windows and Sliding Door – BOD received notice of
planned replacement of rear windows and sliding door at
11. REMAINING UNFINISHED BUSINESS - (NOT DISCUSSED TONIGHT)
Supplemental
Community Flowers Project - New colorful and creative flower bed upgrade designs
for our east and west marque and center island
- submitted by our new lawn care contractor (Landscape Innovations,
Inc). Total cost is $12,643 in addition
to our new contract which already includes three times more flowers than were
installed last year. Rick reminded
contractor that the flowers were already included. Contractor agreed to make an adjustment. Jerry reminded BOD that at annual meeting, we
advised membership that we did not have any funds for non-budgeted
projects. Project was deferred to next
meeting.
Outdoor
Enclosure Replacement Identified – Company asked to Donate - “CedarShed Industries” red cedar model with shake
roof to match our homes. The 6 x 9-foot model would replace the existing
ant-infested and leaking “Rubbermaid” unit which is causing deterioration in
our electronic clock and digital controls for the sprinkler and lighting
systems. We have already replaced two sets of controls due to ant infestation
($500 each). The new unit would also
provide storage for HOA owned equipment currently rusting in the plastic
Rubbermaid enclosure or stored in members garages. Location is not negotiable because it must
house a myriad of underground water valves and electrical connections currently
all emanating in one location at west end of east side berm. Height is six feet. Rubbermaid unit is screened with shrubs. Jerry has sent a letter requesting
consideration for donating the unit to our association
BOD
Meeting Date Needs to be Adjusted: Current financial statements are not getting
to us in time for second Monday of the month.
Mohammad advised that when BOD meets early in the month - there is not
enough time between closing bank books and ABS updating our monthly financial
statement. BOD should consider changing
policy to have future meetings on the 3rd Monday of each month
Snow Removal Contractor No Longer Available:
BOD must solicit bids for a new snow removal contractor.
New East Stone Marque – Research
Progress: Now that Rt 28 widening is complete, this
capitalized investment would dramatically improve our image and community
value. Jerry met with “Maryland Cast
Stone” on
Unsightly
Townhome Community Retaining Walls – Need
Unsightly
& Rotting Expensive Wood Benches – Need
Directory Update - Rick has begun steps to produce a
new directory. He will contact Lisa
Goodman and Rita Becker to arrange and schedule remaining logistics,
reproduction and distribution work.
East
Entrance Flower Bed Below Grade - Due to increased elevation of Blackberry Dr/Rt 28
East – flower bed is below grade of new sidewalk.
Delayed: Two New Streetlights for Blackberry Drive
Island - Quote received for $2,750 to accomplish this project by
bringing power through our conduit under Blackberry Drive from West side marque
power source. BOD decided to delay and
review the need after uplighting project is complete.
Delayed
Upgrade – Underground Townhome Streetlight Circuit Fully Loaded - Capacity
on this main streetlight circuit is needed for 3 future projects: 1) Additional uplights for center island, 2)
Center island streetlights, 3) New colonial lamps at Townhome entrance. Circuit
begins behind
Blackberry
Drive Crosswalk at Playground - Lisa is
working with
Blackberry
Drive & Terrace Stop Sign to Replace Yield - Lisa is working with
HOA
Neglect of Common Areas Adjacent to Townhome End-Units - End
unit townhomes appear to own the corner lot, however, they own only 4-feet from
the side of the brickwork. Remaining
side area to the street is community responsibility. Community lawn care is neglecting weeding,
feeding and trimming these areas. Most
have become eyesores.
HOA is taking excellent care of it’s common area abutting
Inefficient
Curb Parking in Townhome Community - Limited curb parking is
permitted and posted by signs on North and
Alleged
Unlicensed Business in
Dog
Waste Sign Intentionally Smashed - Citrus Grove Cul-de-sac - In-ground
sign has been intentionally smashed as if by a heavy hammer, beat, split and
wrapped around the steel pole. Some
members of the board wanted to remove it.
BOD decided to replace it.
Should
HOA Mail (Distributed by ABS) go to Owner’s Alternate Addresses? - Some owners have “blind”
addresses for their actual residence.
Their assessment bill is mailed to and paid by another financially
responsible agent. ABS continues to ask
BOD - Should HOA mail, prepared by ABS, be mailed to owner’s “alternate”
address? Should it be duplicated for resident’s HOA property?
Annoying
Home Alarm - Cherry Blossom Lane owner wants BOD to take action
- Alleges that a loud, continuous, and
obnoxious exterior alarm in Cherry Blossom Ct. goes off frequently (at least
once a month)... alarm continues all day and does not get shut off until
occupant comes home at 5pm. Says he visited owner who explained that it
is an interior alarm therefore no county law applies. Cherry
Neighbor’s
Down Spouts Flooding Area - Owner requested help at 2003 Annual Meeting. Area of concern is between 15728 &
15732. Down spout runoff from 15732 and
15734 floods common area and this owner’s property with constant
water/mud. In addition shrubs on common
area are so overgrown that sunlight is totally blocked exacerbating the water
and mud.
Water
Pooling at Gazebo; Mosquito Breeding Ground - Owner requested that HOA regrade this area to
eliminate water from pooling and risk of mosquitoes breeding. .
Preserve
South West Tot-Lot Equipment - Requesting South West Lot’s baby-swings and
see-saw be preserved.
SHA’s New Plum Trees for
SHA’s New Crepe Myrtle Trees for Rt
28 Median Due
SHA agreed
to install crepe myrtles every 13 feet in Rt 28 Median -
12.
UNFUNDED TREE AND SHRUB PROBLEMS:
Dead, Leaning and Downed Trees, Limbs,
and Shrubs:
Large Tree Down - Across
Fence - North East Tot
Large Tree Down - Across
Fence – Between
Two Removed
Trees not Replaced -
2 Stumps
Remain -
Large Dead
Cherry Tree – Across From 15740 CBL. (2003)
Two Dead Decorative
Trees - Front of
Several
Dead Hedges – Under “Orchard Knolls” - Front Entrance Marque (2002)
Three
Several
Stumps - Along Creek Bank NW of
Two Stumps
- Between
One Stump –
South side of N/W Berm – Beside 15730 Blackberry Drive – (2002)
Removed Tree not Replaced, Stump Remains – Citrus Grove Rd Circle
– (2003).
Removed
Tree not Replaced. Stump Remains –
Two
Leaning
Dead Hedge
Shrubs in entrance under Orchard Knolls sign.
Two
Overgrown Holly Exceeding Wall Height – Blocking Light Fixtures - Entrance
Tree Limbs
Engulf Streetlight Fixtures –
Dangerous
Limbs Overhanging Striped Parking –
Long Dead
Tree Limb – Between
Tree Limbs
at Eye Level – Along All Sidewalks
(2003)
Shrubs
Protruding through Fences Along All Sidewalks (2003)
Unsightly
Decorative Common Area Trees Have Never Been Shaped
13. UNFUNDED COMMUNITY IMPROVEMENT REQUESTS:
Matching Colonial Lamps at
Townhome Entrance
Brass “Orchard Knolls Towns”
Plaques on Existing Stone Columns
Permanent Flagpoles with
Uplighting at Front Entrance
Increase Berm Height at Senior
Housing Boundary
Security Lighting along Creek
and Bike Path
Add 2 Missing Red Maples at each
end of
Upgrade North-East Tot-Lot
Upgrade South-West Tot-Lot
Covered Picnic Pavilion over
South
Trim All Common Area Trees.
Add One Streetlight to
Transformers Screening in
14. ISSUES TURNED OVER TO OUR ATTORNEY(S):
Townhome Landscape Issues (Do
Covenants Apply?)
Ongoing Delinquent Assessment
Collections
PGC Dispute
Common Area Behavior Rule
Blackberry Drive/Rt 28
Intersection Pepco Illumination
Day Care Regulatory Update
Financial Recovery – Rt 28
Sprinkler System Vs SHA
Financial Recovery – Previous
Owner
Huge SHA Sign at our Entrance
15. ADJOURNMENT AND NEXT MEETING - Monthly
meeting adjourned at
Next meeting will be