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Annual Member & Board Meeting Minutes FIELDCREEK ESTATES HOMEOWNERS ASSOCIATION ANNUAL MEETING Wednesday, May 11, 2005 - 5:30 p.m. Wolf Run Golf Course, Founders Room 1400 Wolf Run Road, Reno, Nevada MINUTES OF MEETING Present: William Jastrow, Pablo Gomez, George Toto, Tim Ottman Absent: Barry Ojers (President) Also Present: La Von Jones (EBMC), Pamela Fox (to take Minutes)
I. CALL MEETING TO ORDER A. Welcome Members – Board member Jastrow called the meeting to order at 5:37 p.m. He welcomed those in attendance. La Von Jones the property manager introduced herself. B. Introduction of Board Members – The Board members introduced themselves to the Homeowner Association attendees. II. PROOF OF NOTICE OF THE MEETING Recently enacted legislation requires that the Annual Meeting notification must be sent not less than fifteen, nor more than sixty days prior to the date fixed before such meeting. It was reported that this requirement had been met. III. ESTABLISHING A QUORUM Article V, Section 5.01 relating to a quorum specifies that the presence at any meeting in person or by proxy of members of the Association having twenty percent (20%) of the total votes of the Association shall constitute a quorum. Board member Jastrow reported that a quorum was not present. La Von Jones, EBMC, reviewed the policy relating to consent of absenteeism and stated that with sufficient responses a quorum may be formed under this policy. IV. MEMBERSHIP FORUM A. Nancy Furman, resident, reading from a prepared statement, requested that the entire statement be placed in on record in the Minutes. The statement, in its entirety, including any typographical errors follows. The document was dated May 11, 2005 and states: “On Feb. 2, 2005 and again on April 6, 2005 the Board of Directors of the Fieldcreek Homeowners Association was apprised of the fact that two structures near the golf course clubhouse, the white tent and the mobile/modular unit have not been approved by the Architectural Committee. That the golf course property and its structures are a part of this development and are subject to the CC&Rs is well documented in the First Amendment (11.3.3,d page 11), repeated in the Third Amendment (11.3.2,c page 8) and found stated in the June 19, 2001 Board Meeting Minutes as ‘Procedure for non-compliance of CC&Rs at Wolf Run: The Board established that Wolf Run Golf Course is under the same guidelines as all other homeowners with regard to violations and architectural approval.’ Article II, paragraph 2.21, (page 12) of or CC&Rs states … ‘No exterior, or other sound devices… shall be located, used or placed on a project lot without the prior written approval of the Board, and further states ‘Nothing shall be done on or within the Project that may be or may become and annoyance or nuisance to the residents of the Project, or that in any way interferes with the quiet enjoyment of the residents.’ Article II, paragraph 2.6 (pages 8 and 9) defines temporary Occupancy and Structures and Outbuildings as a ‘tent, vehicle, boat, house, trailer, portable living unit, shack, garage or barn and states it may be used during construction of Improvements… and shall be removed immediately after completion of construction.’ NRS 116.31065 Rules. Rule 5 states ‘the rules adopted by an association must be uniformly enforced under the same or similar circumstances.’ Additional documentation including oral and written statements has been made by County officials, the District Attorney and the Department of Community Development in regard to permitting of these structures. At the Board of Directors meeting on June 9, 2004 ‘Mr. Bob Canter, homeowner, stated that there is a history of the Architectural Committee not complying with the governing documents. Mr. Canter pointed out that the Board is the oversight Board for this committee. Mr. Canter gave a brief overview of the architectural review process. It was pointed out that two members of the Architectural Committee are also members of the Board. Mr. Canter expressed concern relating to two separate matters. The first concern was the number of individuals on the Board who were also on the Architectural Committee, which could result in a conflict or lack of a quorum if the two members excused themselves due to a conflict of interest. The second concern related to the history of the Architectural Committee decisions relating to the governing documents.’ In accordance with NRS 116.31086 (c), I submit a copy of these remarks as written, for inclusion in the Minutes of this meeting. In accordance with NRS 116.31087, I request that an Action item on the subject of golf course structures and violations of CC&Rs be an agenda item at the next meeting of the Board. Nancy Furman, Homeowner” Board member Jastrow reported that this matter was submitted to the Association’s attorney for a legal opinion. Bill Jastrow stated that he would write a letter to the Furmans in response to this issue. George Furman, resident, also spoke regarding issues relating to the golf course. Steve Cohen, webmaster, expressed concern regarding the lack of information received from the Board for the website. Board member Jastrow volunteered to provide additional information and act as the contact person to the webmaster. V. READING OF THE MINUTES A. Review and approve May 15, 2004 Annual Meeting Minutes A Motion to waive the reading of the Minutes was made and seconded. Motion carried unanimously. Tim Ottman moved to approve the Minutes. Bill Jastrow seconded the Motion. Motion carried unanimously. It was noted that the approval is contingent upon the ability to obtain a quorum under consent of absenteeism. VI. FINANCIAL REPORT A. Review and approve Financial Reports – Copies of the Financial Reports dated April 2005 were made available to members. Board member Jastrow provided a brief summary of the financial report. Tim Ottman moved to approve the current financial reports. Pablo Gomez seconded the Motion. Motion carried unanimously. VII. PRESIDENT’S REPORT President Ojers was not in attendance to present a report. In his place, Board member Jastrow provided highlights of this year’s activities. IX. COMMITTEE REPORTS A. Architectural Committee – Board member Pablo Gomez reported that currently three or four items per month are reviewed, consisting primarily of such items as patio covers or landscaping. He stated that the Committee is in the process of drafting some clarification relating to an architectural policy regarding outbuildings. In this clarification, the issue of sheds will be addressed. Questions regarding the new policy were answered. A history of this matter was provided. A homeowner requested that mail boxes and basketball backboards within the homeowners association also be inspected to ascertain which complied with homeowner regulations. B. Hospitality Committee – Barbara Leusing submitted a written report and also presented a verbal summary of the activities that occurred during the year. She discussed the composition of the baskets and reported that 25 welcome baskets have been completed this year. A resident requested to know if the homeowner directory will be updated. Mr. Jastrow reported that this will be decided at an executive meeting. He discussed tentative plans to update the directory. Mr. Furman, resident, stated that one of the past issues was that the list was given out to non-residents. A resident suggested mailing out a directory questionnaire with the consent of absenteeism information. C. Traffic/Safety Committee – Board member Pablo Gomez reported that Mr. Terry Matters had resigned and that currently the position is open. D. Landscape Committee – Gary Bria reported that the trees at the Thomas Creek-Fieldcreek entrance were trimmed to provide more visibility. He stated that, in his opinion, the issue is speeding rather than visibility in this area. Mr. Bria reviewed plans to file the bare area at Silver Wolf with ground cover. Ms. Furman complimented Mr. Bria on the landscaping completed at the entranceways. She expressed concern relating to landscaping and yard work completed at residences, which may block or clog the sewer. Board member Jastrow gave a brief report relating to the process of compliance letters. X. OLD BUSINESS None. XI. NEW BUSINESS Board member Bill Jastrow announced that two Board positions are open. He invited interested individuals to apply for the positions. A resident requested information relating to an association garage sale. La Von Jones reported that the date of the garage sale has not yet been set. Mr. Cohen stated one of the past issues was the fact that garage sale signs are not allowed. A general discussion followed. A resident requested to know when the damage to the roads from winter storms will be repaired. Board member Jastrow replied that this is a County matter. Mr. Bria commented that he met with the County and the matter has been discussed with an answer to follow in the future. XII. ADJOURNMENT There being no further business, the meeting adjourned at approximately 6:35 p.m. Tim Ottman moved to adjourn. Bill Jastrow seconded the Motion. Motion carried unanimously. |
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