Minutes of Meeting
Pleasant Pointe Homeowner’s Association, July 6, 2010
As approved by majority vote of the Association board, July 7, 2010
Meeting was announced via the Pleasant Pointe Patriot (pleasantpointe.blogspot.com) and signs at the neighborhood entrances for several weeks prior to the meeting.
JULY 6th, 2010
Meeting was called to order by Dave Hill, Association President, at 7:05 p.m. at the Pentecost Methodist Church, Pine Log Road.
The entire board of officers was in attendance. Approximately thirty to thirty five households were represented including the officers. For the record there are approximately 184 homes in Pleasant Pointe.
COVENANTS AND THE PPHOA
President began the meeting by reviewing highlights of property covenants establishing the Pleasant Point Home Owners’ Association (PPHOA), as recorded in Aiken County records in 1995. The president highlighted segments of the covenants establishing all property owners in Pleasant Pointe as members of the PPHOA, as well as the establishment of the authority and responsibilities of the PPHOA Board of Directors. This authority includes the right to set dues, collect dues and assess a property lien against properties if dues are unpaid.
President also read from incorporation document establishing the PPHOA as a legal, non-profit entity in 2008.
RECENT DUES COLLECTION EFFORTS
President addressed the assembly on the success of the 2010 dues collection effort. The association would have been insolvent as of July 2010 but for this effort. The collection effort has thus far collected about $5000. As established in the letter to residents distributed in April, property owners who have yet to become current on dues have been reported to a collection agency. The president relayed the board’s reticence to take this action, but the board sees this as only fair to those who are members in good standing. Unfortunately, the collection agency will take fifty percent of all back dues collected resulting from the agency’s efforts.
The president also informed the assembly of the reason statements were not sent to homeowners leading to the 2010 collection efforts: there were insufficient funds in the PPHOA account to cover the cost of printing and mailing, while still meeting other financial obligations for which the PPHOA is legally responsible.
The president opened the floor for discussion and questions about the dues. Summary of discussion:
What accounts for different households owing differing amounts to the PPHOA? Answer in general – some have made full payments each year, some have made partial and some have made none. President advised anyone wishing to know the status of their account as reflected in the PPHOA treasurer’s records should contact the president or the treasurer.
Has an audit been done? No.
Motion and Second that books be audited. Discussion: Audit will cost $1500 - $2000. There is no accusation of theft by the PPHOA board. Motion failed by a wide majority.
If covenants say all property owners are members why can’t all property owners examine books? Answer in general: There is a difference between being a legal member and being a member in good standing.
Motion and Second: That PPHOA books be open to members in good standing. Discussion: Board has committed itself to having a written budget for presentation to the general membership for 2011. The budget and financial statement will provide this information to the membership. Members have a right to see reports of income from their own accounts, and all accounts collectively, along with expenses paid by the PPHOA. However members do not have a right to see reports of income from other individuals in the Association. This is a function for the Association board. Motion failed.
Continued discussion from the floor: Members not in good standing should not be allowed to speak or make motions in meetings. President replied he is inclined to allow all concerned to participate.
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Continued discussion from the floor: From the earliest days of this PPHOA it has been common practice for the Association board to answer individual inquiries regarding status of a property owners account. It simply requires an individual to ask.
Motion and Second: That the treasurer look in to the cost of auditing the books at the end of the year. Motion failed.
President discussed where PPHOA spends the money collected as dues. Generally the money is paid for landscaping, electricity, water, emergencies such as removing the broken tree, and a special expense in 2010 to replace the entrance signs on Pleasant Pointe Dr. which were ripped and unattractive.
President also addressed electronic posting of information as a cost avoidance measure for the PPHOA. Secretary Tim Fitzgerald was asked to address the website and email.
Secretary explained the purpose of the website (blog) is to provide information of common interest to the neighborhood. It serves as a cost-effective official means of communication for the PPHOA board. However, due to the open, unregulated nature of comments, and no way to assure who is behind comments, the PPHOA board does not take comments posted on the blog for action; comments are not official communications with the PPHOA board. Official communications can be made via email at pleasantpointe29851@gmail.com or by US Mail at Pleasant Pointe HOA, PO Box 5983, Aiken, SC 29804.
Secretary also invited members to submit information about companies who employ our members, or owned by our members as a means of free advertising for those companies.
President addressed those without internet access saying those who need to receive a paper copy important information should provide the HOA with that request in writing so the Association board can capture this list.
ON-STREET PARKING – President raised the issue of on-street parking saying we do not have definitive guidance as to its legality or the enforcement of the ordinance. Question from the floor: Can you post the ordinance on the website? Answer: Yes, once we track down the exact wording of the ordinance.
Damaged Tree Response – President discussed the tree on PPHOA-owned property damaged in last week’s storm. Tree has been cut away and stump grinding is slated for Friday, July 9th. Motion and Second: Obtain three quotes then evaluate what is affordable understanding the trees need to come down due to age. Motion carried by a wide margin. PPHOA board will obtain quotes than evaluate affordable courses of action.
PPHOA Directory – Under consideration by the Association board is the creation of a subdivision directory with contact information provided by members for members. While this is just in the idea stage at the moment, be assured that member participation would be completely voluntary.
PPHOA BY-LAWS – President addressed recent changes to the proposed by-laws. These changes are incorporated in the proposed by-laws listed on the PPHOA website (pleasantpointe.blogspot.com). Copies of the proposed by-laws were distributed to each represented household at the meeting. Those desiring a paper copy should contact the PPHOA board. Due to recent changes in the proposed by-laws, a vote on these by-laws will be postponed until the next scheduled general membership meeting in November, 2010.
Discussion included the mandate for liability insurance on behalf of the PPHOA as well as bonding, errors and omissions insurance for the board officers. Consensus is this insurance is needed if affordable. A comment from the floor asked if a special assessment could be imposed. President replied it is within the authority of the covenants, but we would like to be able to budget for such needs.
Motion and Second to obtain three quotes for insurance. Motion failed. The Association board will take a prudent look at the requirements and costs.
Question from the floor: Is the PPHOA putting liens on property for those who do not pay dues. Answer: not as of yet.
Motion and Second: That the PPHOA board will, for all properties with unpaid dues as of midnight, December 31st 2010, obtain a lien against such properties immediately. Discussion: The president reported the local magistrate has said unpaid property dues would generally not be tolerated, that he would find in favor of the PPHOA, and that associated fees and court costs would be added to the defendant’s bill.
Motion carried by a wide margin.
Question from the floor: Do Realtors know PPHOA exists? Answer: The president says the Aiken Board of Realtors has been notified and all realtors have access to this information.
Motion and Second: That the meeting be adjourned. Motion carried.
Respectfully submitted,
Timothy P. Fitzgerald
PPHOA Secretary
July 7, 2010