Minutes of the Regular Meeting of The Board of Directors of River Chase Property Owners Association Monday, September 22, 2014

Transcription

1 Minutes of the Regular Meeting of The Board of Directors of River Chase Property Owners Association Monday, September 22, 2014 The regular meeting of the Board of Directors of River Chase Property Owners Association, a Texas nonprofit corporation (the Association ) was held at the association clubhouse, 436 River Chase Way, New Braunfels, Texas, 78132, pursuant to call by the Board of Directors of the Association. Directors Present:, Paul Bower, Jay Gambrell, Lyle Vandagriff, Kim Wallis, Bill Wiehl Also Present: Kem Morales, AMS, and homeowners and residents: Dick Bigelow, Erick Swanson, Ric Hastings, Susan Shirley-Menzel, Tanya & Jim Demanett, Kelly White, Carolyn Nunez, Kris Spriegel, Paul Merkel, Mark & Sonia Kauzlhrich, and Pat Fletcher. Call to Order: The meeting was called to order at 6:05 p.m., with the President and Secretary in the chair and present. Bill Wiehl Announcement from court: POA prevailed. Court states residency means the person lives in the house and has the intend to stay living there. DCCR revisions to include court s definition. Bill Wiehl - Feral hog issue: saw damage on Foxwood to landscaping. Kelly White to set traps. More problems on West side. Concern that BOD to buy traps but reasonable to rent to homeowners with a need. Need to get to work on this as soon as possible. Request a written plan. Contributors Carolyn Nunez, Susan Shirley-Wenzel, Kelly White, Dick Bigelow. Paul Bower Add to agenda issue regarding bids on contracts. APPROVAL OF MINUTES Board Meeting September 8, 2014 Action: Motion and Second to Approve. Unanimous. FINANCIAL REPORT * August 2014, Reviewed

2 Rick Hastings Noted transfer of funds was posted. Administration Budget Worksheets was reviewed Welcome Committee budget request was submitted - $350. Emergency Services budget request was submitted $200 Action on Proposed Budgets: Motion and Second for Approval, Passed Paul Bower asking for Fire Department to present on $25 blue markers. COMMITTEE REPORTS * Events Paul Merkel: still stuff that needs to be done for the haunted house. Bill Wiehl: still need donations so there probably won t be a haunted house this year, instead, a haunted trail. Chris Spriegel: what is the budget for the haunted house? $500 this year. Paul Merkel: there has been a lot of effort to get materials. Bill Wiehl: there will be a meeting after the festival this year to prepare for next year. Ric Hastings: most volunteer intensive event for the whole year, we will need a lot of help before and after the event. * Emergency Services Susan Wenzel: neighborhood night out Oct. 7, We hosted eleven other communities totaling 35 people at the meeting. Very successful. Radar trailer is on the West side this week. This side next week. Beginning next week, will send out flyers for fire-wise. * DCCR Amendment Carmen Horn: we have a proposal to submit. Julie, our chair has done a wonderful job. Bill Wiehl: the BOD will hold a workshop this Thursday at 6:00 pm to review and comment on the proposed revisions. * Communications: Carmen Horn: the next meeting is October 6 th. * Common Areas: Bill Wiehl: next project is working on storeroom/bathroom at the Pond, needs good coat of paint, holes need patching, etc. no date yet. Probably next week. OLD BUSINESS * Proposed 7 th Amendment Bill Wiehl: posted this last week. Replaces 2nd, 3rd, 4th, 5th, and 6 th Amendments. Please submit comments. Still up for discussion. 60-day deliberation period has started.

3 * Board Meeting Policy: Bill Wiehl Policy was posted for 60-day deliberation last week. * D & O Insurance: Jay Gambrell Read from Code text regarding indemnification. Cagle, G. (2013) Texas Homeowner Association Law Contractual Indemnity of Directors and Officers. Pg Paul Bower Noted that regarding self-insuring/deductible will require every member to pay $100 to cover the cost. Yes, homeowners are supposed to indemnify Directors and Officers of the POA but clarified there is nothing stated in the Bylaws to address this issue. The problem is that, as stated in the Texas Code, we have to cough up the money ourselves first and if we win, then the homeowners will reimburse. Jay Gambrell I don t see how paying this premium is making us any safer. Bill Wiehl We need to get something in the Bylaws. Paul Bower The code says if indemnification is in the Bylaws. May I jump ahead to the agenda item, Trust Account? Bill Wiehl Sure. NEW BUSINESS * Trust Accounts, Discussion and Possible Action. Paul Bower Review Trust Account document. Discussion. Kris Spriegel This is a sticky wicket. DCCRs only allow special assessment in case of an emergency. What about remediation, who pays that? Paul Bower We are trying to manage risk. Discussion. Dick Bigelow previous Board saw the wording was ambiguous regarding special assessment. Carmen Horn 6.03 other assessments from DCCR, BOD may levy a special assessment for a defined purpose. Bill Wiehl I think the DCCRs say the BOD can do the same for maintenance fees. Susan Shirley-Menzel You might ask an insurance person in the neighborhood for help. Paul Bower They don t want to touch D&O. Ric Hastings Two points in favor of stopping D&O insurance. Bylaws need to state and clarify and stop D&O insurance. Second, both Jay and Paul have stated

4 that we need to do things differently. Jim Demanett you re talking about $100 one time, but if you were sued, then that money would be gone and have to be replaced. Bill Wiehl If the fee increase doesn t go through, we need to consider a Plan B. Proposed to start a Bylaw for indemnification of Directors and Officers. Susan Shirley-Menzel What does AMS do with legal fees? Bill Wiehl We have to indemnify AMS as our agent. Kris Spriegel Would there be a cap on the Trust amount? Like $250,000. Paul Bower In my document, I recommended two Trust Accounts. One for the Maintenance Reserve and another for Legal Expenses. We need to explore Trust Accounts as a mechanism to regain trust of POA members. The members may be more willing to approve an increase if they know that it is held in trust for specific purpose and not just to increase spending. ACTION - Jay Gambrell Motion to provide notice to D& O Insurance carrier that we are dropping that Insurance and write a resolution that the POA will indemnify Directors and Officers. Agreed this will not drop the trailer. Motion seconded. Vote * DCCR Proposed Revisions, Discussion and Possible Action Bill Wiehl Board will hold a workshop to review and comment on proposed revisions this Thursday here at the Clubhouse at 6:00. * Welcome Packet, Review and Comment: Susan Shirley-Wenzel Board members will provide feedback individually. * Review of Dual Facebooks, Discussion and Possible Action: Bill Wiehl How do we want to do them? Jay Gambrell the POA Facebook is a person account that requires friending, the RC Forum Facebook is a group account that checks for property ownership. I suggest that a notice be provided to the POA Facebook site that they can request to join the RC Forum Facebook group. Carmen Horn the RC Forum was started from dissension. Bill Wiehl the same policies that applied to the POA personal Facebook apply to the RC group Facebook page. Paul Merkel instead of pasting once, since the newsfeeds roll past quickly, post the notice several times. No anonymous names to be used.

5 ACTION: Jay Gambrel-motion to change name and picture and to make the RC group Facebook the only official POA Facebook page. Seconded. Vote * POA Contracts ACTION: Paul Bower made a motion that All Contracts Require Two Bids and no roll-over, Motion seconded. Vote * Next Regular Board Meeting October 13, :00 p.m. Q&A Session 1 hour EXECUTIVE SESSION * Delinquent Accounts/Foreclosure Actions/Legal Matters, Discussion and Possible Actions ACTION FROM EXECUTIVE SESSION: ACTION: Motion to no longer automatically forward collection to the attorney without specific BOD approval on a case-by-case basis. Motion seconded. Vote ACTION: Motion that future violations will be reported to Neighborhood Board. If action needed, they will forward to BOD. Motion seconded. Vote ADJOURNMENT - 9:00 p.m.