Fontana View Homeowners Association 2014 Annual Meeting Minutes October 25, 2014 Stecoah Valley Center. Todd Balsley and Sandy T.

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1 Fontana View Homeowners Association 2014 Annual Meeting Minutes October 25, 2014 Stecoah Valley Center Attendees: Larry Casey Todd Balsley and Sandy T. Kevin Hughes Ron LaRocque Mike Shakar Tom and Sharon Crapps Tim Goodwin Peter Kunzweiler Mark and Kim Pettit Tim Stamey Twenty-one proxy forms were received by the secretary from the following owners who were not able to attend the meeting: Nicholas Rutledge Linda and Henry Fernandez Victor Ortino Jerry and Kathy Feliu Rick Kern and Michael Keller Ronald Holl Dirk and Angela Nafzger Floye Clark Julio and Cindy Ruiz (2) Roger and Martha Bland Cheryl Bowman Jim and Elaine McFadden Deborah Berman Ken Vincent Catherine Simonsen John LaRocque Brian McFadden Denis DeStefano (3) The meeting was officially called to order at 2:05 p.m. by President Mike Shakar. All members and guests present were asked to introduce themselves and give their associated lot numbers. A total of 13 members and guests were present for the meeting. President Shakar asked if all present had read the minutes from the October 2013 meeting and there were no negative replies. There were no questions or comments offered on those minutes and a motion was made by Ron LaRocque and seconded by Mark Pettit to accept those minutes as written. The motion was passed by the members present. OLD BUSINESS Treasurer s Report Treasurer Larry Casey presented the financial report. As of this date, the association has a checking account balance of $20, and a money market account balance of $75, The money market account is set aside as contingency funds for emergency road repairs or other unexpected expenses that the association may incur. After a brief discussion the members present recommended that we continue the contingency fund as in the past and continue to add $ per fiscal year to it. The association spending was higher than projected this year due to excess costs in snow removal / road salting, community upkeep and road maintenance. The members present were asked to refer to the line item budget details included in the meeting agenda for details of spending over the past year. We have a new three year contract with the gate area landscaping

2 contractor which is slightly higher than the previous contract. They do a great job and this locks us in to a known cost for the duration. The contract for the snow removal / mowing is up for renewal and the board is recommending that we negotiate for a new contract that pays the contractor a higher fixed amount, but does not allow for overage charges when excess plowing and salting are required. This will allow us to lock in a fixed amount for budgeting purposes and may result in less spent overall. Mark Pettit and Tim Stamey agreed to work with Philip Smith Construction on a new contract for road services. Due to successful continuing efforts by the board to collect delinquent dues over this past year, the association has collected over $28,000 in back dues. This resulted in our income very nearly matching our expenses, so we were able to meet all of our financial obligations and spend some extra on roads without going into our contingency fund. As of this meeting 91 of 96 properties total were current with their dues payments. A motion was made by Todd Balsley to accept the Treasurer s Report as read and seconded by Mark Pettit. The motion was passed by the members present. Roads Board member Tim Stamey reported that work was done on Round Top, Shiner s Ridge and Musket this past summer which included new road base and asphalt where needed along with chip and seal in numerous areas. We were able to spend a few thousand dollars more than projected due to extra funds collected and a $1000 discount that the contractor gave us for being consistently good customers. Due to this past year s hard winter, there was more damage to the roads than usual and the costs of asphalt, rock and tar have continued to rise. This resulted in the board having to prioritize the work to take care of the areas in the worst shape rather than proceed with the original plan of applying chip and seal to as much road surface as possible to seal the surfaces and give us a more uniform appearance. President Mike Shakar appointed a Road Committee consisting of members who live or spend the most time on the mountain to oversee the evaluation of the roads and make recommendations on how to prioritize the maintenance and repairs. The committee members will be Mark Pettit, Ron LaRocque and Tim Stamey. Liens The members made the decision at last year s annual meeting to file liens on properties that were a year or more behind in their dues payments and not making any effort to pay those dues. This is to make sure that if a property is sold, it is on record that we are owed back dues before the sale can be completed. The Association worked with our attorney to file new liens and renew old ones that were approaching the three year expiration point with a total of five properties being sent notices of lien. Three of the properties began making payments on their delinquent dues before the lien process was completed leaving only two that were actually filed. Our legal fees for the work were just over $4,500, but as a result of the notices being sent out, we were able to collect over $28,000 in back dues, so the effort was well worth it. Firewise Tim Stamey reported that Swain now has Chris Cooper serving as the County Ranger, replacing Benji Reese, who has moved on to another position. Tim has been in contact with Mr. Cooper

3 regarding our firewise status and the continuation of our controlled burn program and the installation of another emergency egress gate at the end of Double Tree Lane. Due to cuts in the federal and state budgets, the firewise grant programs have been left unfunded and we don t know when any grant money may be available. The Association has two firewise related projects that we would like to proceed with this year. One is a prescribed burn on a block of properties surrounding West Round Top Road and Spinning Wheel Road. Permission forms have been received for the majority of property owners in that area and we plan to conduct those burns early next spring providing the weather cooperates and Forest Service personnel are available. The Association has offered to pay for off duty Forest Service personnel to cut the fire lines prior to the burn. The second project we would like to complete is the construction of the emergency egress gate. We have secured quotes on having the gate constructed and installed according to Forest Service standards and have determined that the total costs of the project should be in the range of $4,000. It was decided to address this project as a new business item and determine if the Association wants to commit funds to complete the gate in this year s budget. Kevin Hughes asked if the Association had ever secured any water holding tanks for use in fire fighting in the development. We have not because it was decided at a previous annual meeting that the members did not want to commit the funds required to complete that project. Since we do not have any ponds of sufficient volume in the development for use as water sources, Mark Pettit asked if it was possible for fire fighters to use existing private water storage tanks as a source of water. There are several such tanks on the mountain that total several thousand gallons and would be a ready source of water if they can be used. Mark and Tim Stamey will seek information from the fire department on this question and report back to the board on their findings. Tim Stamey passed around a Firewise work day sign up sheet for members to report their fire prevention activities such as debris removal, gutter cleaning, and brush cleanup. This information must be documented for us to maintain our active status in the Firewise Program. Gate/Security Cameras President Mike Shakar reported that the Round Top Cemetery Association is happy with the present gate opening schedule and it seems to be working well for residents, renters and contractors as well. There is also a click to open feature in the system that allows emergency personnel to key their radio microphones in a particular sequence to cause the gates to open. Tim Stamey monitors the camera system and reports any operational issues to our contractor for correction. The contractor has been very responsive and normally has any problems resolved very quickly. There was an attempt by thieves this spring to steal an owners private trailer loaded with household goods, but the venture was thwarted by an observant neighbor who saw them trying to attach the trailer to their truck and frightened them off. This occurred during daylight hours when the gate is normally opening automatically and points out that we all need to be vigilant. The gate cameras recorded the entry and exit of the thieve s vehicle and led to their arrest within a short period where it was discovered that they were responsible for several other thefts in the area.

4 This past year we have had some large landscaping rocks added to the area along the flower beds at the gate entrance to prevent vehicles from driving on the beddings. This is working and is a low maintenance way to prevent damage to the landscaped areas. Acceptance of privately placed roads into the community maintenance program Ron LaRocque presented a letter (see attached) dated October 25, 2014, to be included in the official meeting minutes, stating the belief of the property owners along Upper Trails Edge Road that the road should be included in the Association s road maintenance program. The letter specifically outlines the level of maintenance that the group believes they are entitled to and states that if the Association does not adopt the actions requested in the letter, property dues from the lots adjoining the road will be withheld and put in escrow until the matter is decided. The names of seven property owners along the road are included, no signatures are present. Mr. LaRocque made a motion that the demands stated in the letter be accepted by the members of the Association. After a lengthy discussion by the members present regarding the Association s obligations to maintain a road that may be considered a private road that was not part of the original development road plan and one that does not meet the minimum standards set forth in the October 2011 minutes for acceptance into the Association s maintenance program, the motion was withdrawn. A motion was made by Todd Balsley for the board to seek a legal opinion on the Association s obligations regarding the issue. The motion was seconded by John Roush and passed by the members present. The board members will proceed with obtaining a legal opinion on the issue and will report that opinion and the Association s position on the issue to the listed property owners by December 12, The board members requested updated contact information for each of the listed property owners from Mr. LaRocque. NEW BUSINESS Changes in By-Laws and Declarations While reviewing our By-Laws and Declarations during the process of filing liens this year, our attorney found several areas where the above were out of date and in some cases needed changes to reflect current North Carolina Law and procedures. The board will obtain the attorney s opinion on what needs to be changed to bring our procedures in line with current law and practices and present those findings at next year s meeting for consideration by the membership. Several members had questions or comments in regard to the above, and our definitions of improved lots versus unimproved lots. The board believes our definitions are in line with NC law and that we are limited in the changes we could make to those definitions and still remain in compliance with NC statutes. The board will also seek an opinion from the attorney regarding this question and present that at next year s meeting. Emergency Egress Gate The Association has received permission from the U.S. Forest Service to construct an emergency egress gate for use in a wild fire situation at the end of Double Tree Lane which would allow emergency use of Horse Branch Forest Service Road as an escape route. At present, neither the state or the U.S. Forest Service have any grant money available for use on such projects due to government budget cuts. The total costs of the gate and road

5 modifications will probably be in the range of $4,000 and the board recommends that we consider including those costs in this year s budget in order to improve fire safety on the mountain. A motion was made by Todd Balsley and seconded by Mark Pettit that we allocate the funds and proceed with this project. The members present passed the motion and Tim Stamey agreed to oversee the construction of the gate. Road Condition Survey Tim Stamey has conducted a detailed survey of all the existing roads in the development including the lengths of the roads and the conditions existing along each section of the road. This gives us a projection, based on present prices, of the total cost of repair and chip and seal of the roads. It was recommended that the road committee (see old business) use this document as a guideline in planning and budgeting each years work on the roads. The Association thanks Tim for his hard work in keeping our roads in good condition. Budget After a short discussion of next year s proposed budget, a motion was made by Mark Pettit and seconded by Todd Balsley that we accept the budget as written. The motion was passed by the members present. Dues for the 2014/2015 fiscal year are set at $700 for unimproved lots and $1000 for improved lots. Statements for the dues will be going out to the owners in mid to late December. Election of officers Ballots were counted for Board member elections for the coming year and all incumbents were reelected for another term. Donations to the Volunteer Fire Department and Rescue Squad funds The Association will again make a $500 donation to each of the organizations. In addition, $ was collected at the meeting as donations from individual members. All present were invited to an after meeting social to be held at Nantahala Village Resort Restaurant and Bar. The meeting was adjourned at 5:45 p.m. after a motion by Mike Shakar and seconded by multiple members. 1. Attachment (Document from Upper Trails Edge Owners)

6 Attachment 1 October 25, 2014 RE: Trails Edge Rd The purpose of this letter is to have it put into the official minutes of the meeting that the rights afforded all other Association members be granted to the members who reside on Trails Edge Rd or any continuous road in the in the Fontana View development. The owner named below and our counsel believe there are a minimum level of services that are reasonable and fit to be provided by the Association to us as members and as part of the dues that each of us have paid in the past and continue to pay to the Association. To the same level the services are provided all other residents of Fontana View, we hereby request the following: 1) Reasonable access over the road for ingress and egress of vehicles including emergency vehicles, as state law requires associations to maintain road, paved or gravel, to a satisfactory condition that allows for emergency equipment to access all 911 addresses. 2) Brush and trees or other debris that may fall on the road shall be cleared as it is done for all of the roads in the community. 3) Grading and graveling as is reasonably required to maintain a gravel road shall be provided on a regular abs as needed basis. 4) Reasonable grooming and weed control on shoulders and banks are to be provided similarly to all other streets in the Association. It is hereby requested that a motion is made to include the above measure in the maintenance and upkeep of the property, and that these requests be adopted by the association to start immediately. Catherine Simonsen (House) John LaRocque (House) Brian and Hilary McFadden (House) Denis Destefano (house) Denis Destefano (Lot) Mike Drinkwater (lot) Timothy Goodwin (lot) **If said action is not adopted, under advise from counsel notice is given to the association that the 2015 home owners due from said lots on Trails Edge Rd. will be put in escrow until the matter is decided.**