Wissler Ranch Homeowner's Association Board Meeting
Kilmer Elementary School
April 8, 2004
UNAPPROVED
A Special Assessment Homeowners Meeting of the Members was held on Thursday 8 April 2004 at Kilmer Elementary School from 07:00 to 08:00 PM. The purpose of the meeting was to take a vote on the proposed $150.00 special assessment for additional landscaping within the Wissler Ranch Community. Eighteen homeowners were represented at the meeting in person.
Mark Cookson, president of the Wissler Ranch Home Owners Association (HOA), began the meeting by recapping the landscape history and proposal. The main topic points were:
- - Process began over a year ago when homeowners expressed an interest in replacing the front entry logs, which were deteriorating.
- Several mailings from the HOA went out beginning in early 2003 discussing the landscape project and soliciting input from homeowners. The HOA board contracted with a landscape architect to produce a conceptual plan and to provide rough cost estimates.
- At the October 2003 annual HOA meeting, Mr. Ken Bonitz presented the conceptual plans.
- The HOA board discussed several options to present to the community, and decided to present $300 and $150 special assessment options to the community. A mailing to the community was sent out on these two options. In Jan 2004, the results of the mailing were collected and tabulated as follows: 68 total responses; 17 for the $300 option, 43 for the $150 option and 8 for no special assessment.
- Based the Jan results from the community, the HOA board called for a Meeting of the Members for 8 April 2004 to vote Yes or No on leaving the $150.00 special assessment. Ballot cards were mailed on 19 Feb 2004 in accordance with the covenants.
- Explanation of what was needed to pass the special assessment - one-third of homeowners must be present at the meeting of the members or have returned their proxy ballot to establish a quorum, then two-thirds of those homeowners who vote must vote yes.
- At an executive only HOA board meeting called to meet with a newly contracted attorney after the Special Assessment ballot cards were mailed, the attorney reviewed the ballot cards and said they were not technically legally binding. He suggested a process for making them legal by contacting each homeowner who returned a ballot and getting them to assign a proxy if they were not going to attend the meeting of the members in person. The HOA board contacted all homeowners but was unable to get responses on eleven of the mailed in ballots prior to the meeting of the members.
Mr. Cookson asked for comments from the homeowners. The primary discussion point was over the legality of the ballots, and if a homeowner could use that as excuse to not pay the special assessment or to bring legal action against the HOA. After long discussions for and against, Ken Bonitz recommended that the HOA board call another meeting of the members for a later date and mail out new ballot proxy cards that have been approved by the HOA attorney. The HOA board accepted the recommendation and will schedule a new meeting of the members and mail out attorney approved ballots/ proxy cards.
Additional discussions on the Fire Service / Homeowners insurance costs occupied the remainder of the meeting. Sue Woodward provided details on a process she is attempting to get Wissler Ranch Filing 1 included in the Tri-Lakes district. Ken Bonitz provided input from discussions he has had with the Fire Districts. Bottom line, this is an individual homeowners decision, not a HOA Board decision.