2009/2010 SPECIAL MEETING OF THE

HERITAGE RANCH OWNERS’ ASSOCIATION

BOARD OF DIRECTORS

 

M I N U T E S

 

          DATE:              March 12, 2010

 

          TIME:                Executive Session at 4:30 p.m., Open Meeting at 6:00 p.m.

 

          PLACE:            Recreation Barn

 

DIRECTORS: Dan Prunk, Denise Roach, Jeff Smith, John Martin, Steven Negro

 

_______________________________________________________________________________________________________________________
 

 

9.  Approve/Disapprove to contract for repairs to the Recreation Barn roof, for a cost not to exceed $XXX

This would be a reserve expenditure

 

Motion by Prunk, second by Martin to approve to contract with American West Roofing, 50-Year Roof, unanimous approval

 

10.  Approve/Disapprove to adopt the following new rule:  Adults Furnishing Alcohol to Minors.  Adults may not furnish a minor (under age twenty-one (21)) an alcoholic beverage on Ranch property, $100.00 fine

Motion by Prunk, second by Martin to approve, unanimous approval

 

11.  Approve/Disapprove to adopt the following new rule to be added to Disturbing the Peace: Any conduct, including playing loud music, operating loud motorized vehicles, boisterous or unruly behavior,

refusing to turn-off profane music after being warned by HROA Security, or the use of profane, offensive, or threatening language or gestures, including conduct which occurs on privately owned property but can be seen or heard on other RANCH property, is considered disturbing the peace and is prohibited, $100.00 fine

Note: The final Board-approved motion for this item was thought to have been “profane music”, but it appears to have been intended to have been “loud noise”.  The postcard mailed to all members went out as “profane music”.

 

If “loud noise” is the preferred proposed change the following is provided for consideration to be added as a new paragraph to the existing Disturbing the Peace rule -- 

 

Loud Noise may constitute Disturbing the Peace if a person makes, continues, or causes to be made or continued any excessively loud, unnecessary or unusual noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of any reasonable person of normal sensitiveness.  If a complaint is received by HROA Security, all of the following will be taken into considered to determine if a violation is occurring: the audible volume of the noise; the intensity; whether the nature of the noise is usual or unusual; whether the origin of the noise is natural or unnatural; the proximity of the noise to other residents; the duration of the noise; whether the noise is recurrent, intermittent or constant; and/or whether the noise is commercial in nature.

 

Also Note: there is an existing rule for Noise Curfew which reads: No loud noise or amplified music on the RANCH is permitted between the hours of 10:00 p.m. and 6:00 a.m.

 

Motion by Martin second by Prunk to approve

 

Motion withdrawn

 

Motion by Roach, second by Prunk to disapprove, with the understanding the paragraph presented on loud noise will be added with a modification to the first paragraph, unanimous approval

 

12.  Approve/Disapprove to adopt the following new rule: No double parking allowed on any road (parking adjacent to another vehicle), $50.00 fine

Motion by Roach, second by Prunk to approve, unanimous approval

 

13.  Approve/Disapprove to modify rule 5.03.02 as follows: Courtesy Dock.  All watercraft must be attended to while using the courtesy dock.  No fishing, jumping, diving, swimming, loitering or bicycling on or around the courtesy dock is allowed at any time

Motion by Roach, second by Martin to approve, unanimous approval

 

 14.  Approve/Disapprove to modify rule 5.03.04 as follows: Launch Ramp.  The launch ramp is for launching and retrieving of vessels only.  No parking at any time is allowed on the launch ramp.  No swimming in the launch area is allowed.  Any individual who does not have a current VESSEL DECAL must pay a fee at the Main GATEHOUSE to use the launch ramp

Motion by Martin, second by Prunk to disapprove, unanimous approval

 

15.  Approve/Disapprove to change the format for issuing citations as follows: The letter to be issued to the owner and copied to the tenant.  The owner is to appear, or waive their right to appear by allowing the tenant to appear on their behalf.  The owner is required to provide notice in writing to the HROA if the tenant is to appear on the owner’s behalf

Motion by Roach, second by Martin to approve

 

Motion amended by Roach and Martin without objection to allow a tenant to appear at both the Violation Hearing and Appeal on the same written confirmation from the Owner, but require the Owner to appear (with the tenant) on appeal for any citation(s) being challenged which cumulatively are $500.00 or more, unanimous approval

 

16.  Approve/Disapprove to specify how the New Home Construction Compliance Deposit forfeiture will be calculated: 3 months late = lose $500.00, 6 months late = lose $1,000.00 ($500.00 + $500.00), 9 months late = lose $1,750.00 ($500.00 + $500.00 + $750.00), after that lose the entire deposit

Note: The above computation does not include any time during which an authorized extension was granted by the HROA AEC Committee or HROA Board.

 

Without objection, table this item for staff to present a policy recommendation

 

17.  Property Owner Dispute – Boyer, Lot 128/1910, $2,500.00 Compliance Deposit Forfeiture

Note: The property owner waived their rights to a private hearing, requesting this dispute be heard in Open Session

 

Motion by Martin, second by Negro to refund in full, unanimous approval

 

18.  Approve/Disapprove to issue a ballot in with the Annual August 2010 Election for Tract 693 to 1) increase the maximum fence height allowed to six (6) feet; and 2) allow a three (3) foot fence in the front setback

The sponsor for this is Dan Prunk, Lot 2/693. 

 

It is proposed that a filing correction be done at the same time to correctly incorporate the amendments under Document 6790 and 43204.

 

Motion by Negro, second by Martin to approve, unanimous approval

 

DISCUSSION ITEMS:

Nil

 

ADJOURN

Without objection