Mystic Mountain Estates Property Owners Association Board Meeting Minutes of Inaugural Meeting

Transcription

1 Mystic Mountain Estates Property Owners Association Board Meeting Minutes of Inaugural Meeting Meeting Date: March 29, 2016 Meeting Location: Law Office of Att. John H. Flick, Bloomsburg, PA Meeting Time: 5:30 8:15 pm Attendance: Jodi Berry, Kathy Beidler, Allan Baruch, Donna Boruta by FaceTime, David Dormer, Larry Kressler, Kathy Mackafee, Declarant: Pam Kressler, Counsel: Att. Paul Toner I. Call to Order Meeting was called to order by Pam Kressler at 5:35 pm. II. III. IV. A brief opening statement by Pam Kressler and Att. Toner regarding what transpired today with respect to recording of the Declaration, Drawings and Deed. Paul reviewed the activities that have led up to today s filings with Columbia County; noting some minor changes to the documents to reflect filing requirements. (These were not enumerated.) Phase 3 remains with TSCC, Phases 1&2 become property of MMEPOA. This is the first formal meeting of MMEPOA Board. The first formal action will be the designation of officers. Paul provided one copy of what was identified as Transition Binder to the Board, one copy to Pam as declarant and kept one copy. Updates, as required, are to be provided for all three binders by the secretary. The operational path for the board to follow is to refer to the Declaration; if not identified there, refer to the Bylaws; if not there, call Att. regarding any UPCA concerns. This board has a responsibility for itself and the property owners. Review of Transition Board Minutes/Old Business Minutes of previous and final Transition Board Meeting held on 10/1/15 were approved; no corrections. Election of MMEPOA Board Officers Declarant Resolution , signed by Pamela Fraim Kressler, declarant, appointed the following board members: 1. Jodi Berry 2. Kathleen Mackafee 3. Father David Dormer 4. Allan Baruch 5. Kathrene Beidler

2 6. Donna Boruta 7. Larry Kressler Election of Officers (Binder Tab 4): The following people were unanimously approved by the board for the position stated: 1. President: Jodi Berry 2. Vice-President: Larry Kressler 3. Secretary-Treasurer: Kathrene Beidler (Treasurer will act as point of contact with PMI for financial reports and will not be responsible for distributing funds from any MMEPOA account. Resolution : The board unanimously approved authorizing Kathy Beidler to set up 509A Evergreen Ln, Catawissa, PA (if possible with the PO) as a physical mailing address when needed by MMEPOA. This address will be used only when a PO Box is not accepted. Otherwise, mail should be addressed to MMEPOA, PO Box 103, Numidia, PA A lockable mailbox will be installed near 509 Evergreen for this purpose if allowed by the PO. The Board unanimously agreed to approve the Bylaws (Binder Tab 2). The document was signed by Pamela Fraim Kressler (declarant), Jodi Berry (Pres.) and Kathrene Beidler (Secr- Treas). V. Review and signing of the Driveway Easement by the new Board President Resolution : The board unanimously approved the execution of the Driveway Easement with John Flick to file the signed documents. (Binder Tab 7) This document will provide for access to the community from Rt. 42 to the Congeniality Center for all property owners, guests, etc. Note: Pam noted that the maintenance split for the Driveway at this time is 99% MMEPOA and 1% TSCC. Within 60 days of any permit being issued by Locust Township for building there will be a reapportionment by MMEPOA and Grantor to reflect the level of use by the buyer vs use by MMEPOA community. If the two parties cannot agree, an arbitrator will be brought in to resolve. The reason for this is even if TSCC still owns the 100 acres and the use factor changes so should their financial responsibility. The board of Arbitrators is to avoid any excessive legal costs to resolve this as we all know how costly legal matters can be. Note: The exit road is a prescriptive use Right-of-way. Per Pam, there is no known owner, it may be the adjoining property owners. (This was affirmed by Atty Toner following the meeting.). But has been in use for over 21 years by mountain traffic so there should be no one to stop us from using it. VI. Review of Insurance policies for D&O and Liability D&O insurance is in place for all Officers of the Board and Declarant through Traveler s Insurance for $1M at a premium of $2,216/year. Agent is Troy Gil Christ of Gilchrist Ins. Group, Media PA Invoice for this needs to be submitted to PMI for payment. Liability Insurance is in place for the community including common areas and roads through Philadelphia Ins. CO. The main policy if for $2M including Commercial Auto with a $1M Umbrella Policy. Agent is Bob Baney of AIM in Danville, PA NOTE: Under this Page 2 of 5

3 policy, the only activity covered for the vacant land is hiking. If hunting or other activities need to be added the board will need to contact AIM to advise Phil. Ins. to make sure there is coverage. VII. VIII. IX. Review and approval of 9-month 2016 MMEPOA Budget Resolution : The Board unanimously agreed to assume the current contract between TSCC and PMI and assigned and delegate general property management obligations. KathyB to follow up with how to provide PMI with Resolutions approving payments. Resolution : The Board unanimously approved to accept the MMEPOA 9-month budget per document attached to the resolution. (Binder Tab 6.) A new budget will need to be drawn up and approved in September 2016 for NOTE: HUD governs HOA/POA. Reserve needs to be in place for mortgage approvals for future sale of mountain lots/homes. Atty Toner recommended that the Board consider a Reserve Study to identify just how much of a reserve is required. He added, typically 15-20% is required but it depends on the projected funding required for contemplated projects. Pam distributed a copy of Receivable Summary by Tenant provided by PMI to each Board member. Hand-written notes indicated which properties had already had liens placed on them by TSCC. Pam indicated that TSCC would turn over delinquent monies to MMEPOA, if paid and PMI would transfer these amounts to the corresponding accounts for collection. These amounts currently total over $122,000 but it is impossible at this time to determine how much could actually be recovered. The new POA and PMI would have to issue new liens. Pam noted that PMI had received the MMEPOA article of incorporation as of today. All maintenance fees should be paid to MMEPOA via PMI going forward. All unit owners must be notified of this change. The Emergency Fund set up by TSCC will be assessed at year-end as to how much will be turned back to MMEPOA. Pam stated that there is currently $13, (of the previously discussed $30,386) remaining in the account. Per Pam, there is still one known legal bill outstanding. Atty. Toner clarified that these funds, as well as the $123,000 forwarded to TSCC by PMI when the new account was set up at the request of the court, were identified as property and proceeds of TSCC. Identify contact persons for PMI and Dunrite Carey Twigg is the PMI contact for the board at ctwigg@rentpmi.com / Ext. 134 or cell Her supervisor is Susan Egolf at segolf@rentpmi.com / Ext Kathy Mackafee agreed to be the PMI contact. Marc Williams is the owner and contact for Dunrite LLC and be reached at or marc@dunritellc.com. Allan agreed to be the contact for Dunrite when his job time requirements lessen; however, in the interim, Jodi will fulfill that duty. Identify physical address to be used by POA. KathyB will follow up with the Catawissa PO to see if 509A Evergreen Ln, Catawissa, PA as a physical mailing address when needed by MMEPOA. This address will be used only when a PO Box is not accepted. A lockable mailbox will be installed near 509 Evergreen for this purpose if the PO approves. Page 3 of 5

4 The official mailing address is MMEPOA, PO Box 103, Numidia, PA There are two keys. One will be kept by the secretary and one by the President of MMEPOA. X. Q&A with Att. Toner and Pam (Declarant). Rules and Regulations need to be defined for the community. These must include reference to enforcement methods for infractions. Then District court can handle complaints. Committees need to be set up for various areas of support identified by the Board. Jodi recommended that a survey be created and sent to unit owners to help prioritize concerns of community members. XI. XII. XIII. XIV. Retain Orphanides & Toner LLP by MMEPOA for first year. Resolution : MMEPOA unanimously approved entering into a contract with Orphanides and Toner LLP as general counsel upon receipt and Board approval of a rate schedule from Paul Toner. Paul stated that he will continue his $255/hr. rate for MMEPOA. New Business Larry provided a zone map of the mountain to KathyB for the purposes of identifying work zones for Dunrite. This will be passed along to Allan Baruch as Chair of the newly agreed upon Roads and Grounds Committee. Atty Toner clarified he would have to research the procedure to form committees. Crawford is no longer doing work on the mountain. Pam provided an estimate of hourly rates from Clark & Hess Trucking & Excavating for consideration of future road work. Pam will provide KathyB with a file containing mountain property owner contact info. Community members need new payment books from PMI. Two options were offered: 1) payment slip typed by PMI or 2) booklet. Resolution : Board unanimously agreed to have PMI distribute payment slips (rather than booklets) to all unit owners and accept payment using MMEPOA rather than the full Assoc. name. KathyM will work with PMI on a welcome letter from the Board to go with the new payment notification. KathyB will provide Pam and Att. Toner copies of all Resolutions as part of the minutes following each meeting. Pam believes that there is one outstanding lawsuit pending between TSCC and LMCA. It is believed to extinguish in June of 2016, but this will have to be verified with Att. Toner. Next Meeting: 4/19/2016, 5:30 pm at Jodi s house Adjournment MOTION unanimously agreed to adjournment at 8:15 pm. Vote: All in favor. Motion passed. Page 4 of 5

5 Submitted by: Kathrene Beidler MMEPOA Board Secretary-Treasurer Page 5 of 5