2009, September 19
Red Bank Oaks
19 September 2009
1) Call to Order: Time – 1:35pm
2) Approval of Agenda (Add-Ins or Deletions)
Discussion: No add-ins
Motion: Approve the agenda as
Ayes: 16 Nays: 0 Abstain: 0 (motion passed)
3) Discuss and Approve the April 25, 2009 Meeting Minutes
Discussion: There was no discussion
Motion: Approve the April 25, 2009
Ayes: 16 Nays: 0 Abstain: 0 (motion passed)
4) Treasurer’s Report
LANDOWNER suggested we move the Electric Fund to a Ginnie Mae Bond fund from Vanguard.com. He mentioned they have an account with free checking and 4.5% interest return. David said he would look into it.
5) Update on Delinquent Fenced Land Assessments for Parcel #21-16-032
The landowner of parcel #21-16-032 made contact with the Treasurer and the fenced land assessments have been resolved.
6) Discuss and Approve Action on Cattle Corral to Relieve Annual $200 Liability: On October 4, 1997, the Board decided to enter into 2-year leases with options for renewal. On October 20, 2001, the Board entered into long-term lease with LANDOWNER for $200 per year. The cattlemen have been unable to fully utilize the cattle corral due to its location beyond the washed-out banks of the creek. A proposal has been made to allow the cattlemen to relocate the corral to an area next to Balis Bell Road for full accessibility to the cattle trucks. A by-product of this relocation would be the termination of the $200 per year land rent currently paid to LANDOWNER. The $200 per year savings could then be applied toward other association expenses.
Discussion: Kim explained the cattlemen are not using the corral and the association has no other use for it. She explained the cattlemen will move the corral if we require that, should they prefer to continue using it at no charge. The corral material itself belongs to the association. Mandy was concerned about security if the corral is moved but it was not clear what the issue was if the fence is replaced when the corral is moved. There was some discussion about access and ease of entry from non-landowners. Kim felt any issues could be resolved and we would not leave the property vulnerable if the corral was moved.
Motion: Terminate the Cattle Coral
lease with LANDOWNER and allow the cattlemen to relocate the corral if
Ayes: 11 Nays: 5 Abstain: 0 (motion passed)
Discussion: Kim explained the Davis-Stirling Common Interest Development Act provisions and how it stipulates the Board of Directors can’t amend the CC&Rs without the approval of the owners, casting a majority of the votes at a meeting with a quorum. The quorum must be made up of more than 50% of the owners who have no more than two parcels. This is to avoid one owner from buying a controlling interest (number of parcels) and then amending the CC&Rs at will. Kim explained that the Electric Fund and 2/3rds funding requirement was put in place when there were very few different owners. It was unclear if the Davis-Stirling Act existed at the time. She also explained that back then, the money was spent for road maintenance in violation of the Electric Fund mandate. The work needed to be done, but the issue is that the rule that 2/3rd of the money could ONLY be used for electricity was ignored. Thus the fund is smaller now that it would otherwise have been.
There was discussion about the mailing that was sent asking owners to respond if they wanted to keep (or not) the 2/3rds clause (requiring 2/3 of income to go toward the power fund). The returned mail indicated 15 votes for keeping the 2/3rds clause and 24 to eliminate it. The rest of the parcel owners did not respond. A discussion began about asking a Judge to invalidate the clause because the origins of the clause are not well recorded in the historical minutes and it is not even certain a proper vote was taken. See agenda item #9 for further motion and discussion about consulting with a lawyer.
Kim gave estimates for grading the roads and placing rock at strategic points.
The landowners estimated that about $9000 of rock would be needed and about $5000 for the grading for a total of approx. $14,000.
Motion: To have a Board Resolution to assess a one-time road maintenance fee of $250 for each parcel that will be due by April 15, 2010.
Motioned by: Kim Rowe
Ayes: 14 Nays: 0 Abstain: 2
The Board resolved to assess the fee. A roll-call vote was taken:
Kim Rowe: Aye
Keith Beltz: Aye David Weston: Aye
Mandy Kleycamp: Aye
8) Discuss and Approve Funds to Be Expended on Road Maintenance for the 2009-2010 term
This item was addressed in line item #7.
9) Discuss the Results of April 2009 Vote by Mail - Affirmation of the 2/3rds clause in the CC&Rs
This item was discussed during the discussion for line item #7. It was suggested we get an initial Attorney consultation from a qualified Land Use Attorney to ascertain the estimated cost of pursuing the idea of asking the court to invalidate the 2/3rd clause from the CC&R’s. It was included that the initial consultation should not cost the Association more than $200 or it would not be conducted.
Motion: To get an initial Attorney
consultation with cost to the Association not to exceed $200.
Unanimous (motion passed)
10) New Combination for Entry Gates: Gate combination will be X-X-X-X effective November 1, 2009
11) Nominations for the 2009-2010 Board of Directors, Red Bank Oaks
ANY Red Bank Oaks Landowners who wish to offer their services and run for the Board can contact Red Bank Oaks at any time. Landowners are then nominated for the Board at the meeting by their fellow landowners. The slate of nominations may contain as many landowners as are nominated. The slate of nominations is then put forth to the landowners for a vote. Candidates receiving the highest number of votes up to the number of directors to be elected are elected. Any vacancy among the Board of Directors may be filled by appointment by the Board of Directors. Each Director shall be elected for the term of one year but shall continue to serve until his successor is selected. ALL five (5) Board of Director positions are open.
Motion: To approve the slate of
12) Vote for the 2009-2010 Board of Directors, Red Bank Oaks
A quorum was not present at the meeting. However, since there were only five nominees voted to run, and since those nominees are presently holding seats on the Board of Directors, voting cards will not be sent and the current members will continue to serve in accordance with Article VI, “Activities of the Association,” paragraph 4, “Each Director shall be elected for the term of one year but shall continue to serve until his successor is selected.”
“Except as otherwise provided by law, checks, drafts, promissory notes, orders for payment of money, and other evidences of indebtedness of the corporation shall be signed by the Treasurer or President.”
13) [Add-Ins or Deletions] There were none.
14) Good of the Order: Open forum for landowners to present information or discussion to benefit all other landowners. The board of directors will establish a time limit for the open forum. No items will be voted on during the open forum. Any discussion topics which arise and require action of the board will be placed on the agenda for the next regular meeting of the board. All landowners are asked to speak in turn, not exceed 3 minutes when speaking, and maintain professional behavior.
Kim Rowe reminded landowners to ensure all their activity in Red Bank Oaks complies with Federal, State, and local laws. The Department of Fish & Game patrols the area regularly. In addition, the sheriff, fire department, and code enforcement officer have open access to Red Bank Oaks.
Motion to Adjourn: Mandy Kleykamp
Time - 2:50pm
Respectfully submitted by
Keith Beltz, Secretary
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Red Bank Oaks Property Owners' Association