HOLIDAY ACRES SPECIAL BOARD MEETING
September 24TH, 2018
CALL TO ORDER @ 7:23 PM
BOARD MEMBERS PRESENT: BRYAN LOOPER, CHUCK ALLEN, MIKE DALLAM, LINDA LATTIN & MICHAEL PREUIT
GUESTS: SHERRY DALLAM, JOJO ALLEN, JUDY JAMES, CEDAR MCGRATH, KARI & MIKIE PREUIT, KATHRYN LOOPER
APPROVAL OF AGENDA: Bryan moved to approve as submitted, seconded by Chuck. 5/0 approved
1) Legal options of unpaid dues was discussed as to how to proceed. We need a lawyer to help draft a letter and/or write policy so that we can determine we are doing it properly.
Trish started doing our accounting in 2012 and it appears as of today some of the numbers may not be right. Judy James stated there was a history of the accounting when she was on the board. Trish has been asked to investigate deeper to make sure they are correct.
Mike read CCOIA law about collections.
Bryan read a letter from Sandy Nelson against changing covenants.
Chuck wants a clear legal understanding of what we can do and Mike D feels we need a lawyer to breakdown all this.
The law firms discussed were Amy Huff, Gregory, Golden & Christine Landeryou, LLC & Newbold, Chapman & Geyer. Their charges were listed as A Huff $250.00 per hour, C Landeryou $285.00 per hour & Newbold, Chapman & Geyer $215.00 per hour with a paralegal at $130.00 per hour.
The board agreed to talk to Newbold, Chapman & Geyer because their rates were a little lower and they had paralegals that could do a lot of what we need at a lesser rate. Hourly rate vs retainer fee?
Are dues and special assessments the same thing? Is there a statue of limitations on collecting these dues?
The Title Companies have something in place for collecting dues at closing but not sure if it’s a policy of the HOA or their due diligence to produce a clear title. J. James suggested we get language from them. Is there a policy for the title company?
Cedar asked if any other HOA’s here have a policy on collecting?
Michael P. asked at what point do you say enough is enough on collections.
Bryan is hoping we can spend a minimal amount to get guidance, the goal is to not spend a large sum of money on lawyers.
Motion was made by Chuck and seconded by Mike D that we go to the firm with paralegals. ( Newbold, Chapman & Geyer). 5/0 approved.
How to handle board member not paying assessment; Linda Lattin explained that, she has not paid her special assessment because she feels since her home was one of the homes the lawsuit was against it isn’t right to ask her cover legal fees for the HOA.
Kathryn Looper asked how did the $65.00 dues fee come about. This board is unsure.
This issue was discussed and is going to be taken up with the lawyer.
Solar lighting for the sign
Bryan is going to talk to Mr. Backus about working on his property so we can install solar and get rid of the electric extension cord. Once he gets an okay from him we can arrange for an install.
Political signs were talked about in the right a ways. Chuck will call Dixie at Road & Bridge to see if legal.
Meeting adjourned at 8:34