Date: Saturday, August 18, 2018 at 10:00am
Amended January 2019
Location: Beauty Bay Estates Common Area
Members present:
Bill Braid (Director, President), Barbara Christofferson (Director, Vice President), Fred Henkel (Director), Don Abbott, Cory and Debbie Bridges, Wayne Christofferson, Tammy Doolittle, Verna Henkel, Bruce and Deborah Jacobs, Eric and Cheryl Nowoj, Tim Ochoa, Anthony Plager, Jerry Robinson; Joe and Ruth Rush
Four (4) homeowners submitted proxy votes to be used in their absence.
Absent Directors/Officers:
Chris Pratt (Director), Angela Brown (Secretary/Treasurer)
Barbara Christofferson recorded meeting notes.
Quorum was met, and the meeting called to order at 10:14am.
Introductions were made, and new members were welcomed to the association.
Approval of the 2017 BBHOA Annual Meeting Minutes: Motion to approve meeting minutes was made by Fred Henkel. Motion was seconded and carried without dissent.
Treasurers Report: Treasurer was absent but furnished the annual report which was present by the chair. Motion to accept the Treasurers Report was made by Wayne Christofferson. Motion was seconded and carried without dissent.
Unfinished Business:
Road Maintenance: On behalf of the Road Committee,Cory Bridges presented information to the homeowners about road work proposed by Verkist Construction. The bid was $10,670.00 for road grading, drainage and base rock for Beauty Bay Drive. Verkist also gave a rough estimate of $30,000.00 to bring the spur roads to the same condition as Beauty Bay Drive. A discussion followed.
Eric Nowoj made a motion for the road committee to “get a second bid for road work on Beauty Bay Drive, compare the two bids and then select one to fix the road”. Motion was seconded. Motion adopted with one (1) objection. Both bids will be presented to the Board of Directors.
One outcome of the discussion is that we need to clearly establish who owns the road and liability before any major road work begins. Joe Rush volunteered to research road ownership and report findings to the Board of Directors.
Road Committee Members: Cory Bridges, Wayne Christofferson, Fred Henkel and Tim Ochoa
Snow Removal and Sanding: Beauty Bay Drive will continue to have both snow removal and sanding paid for through the HOA. Input from homeowners on spur roads indicated that snow removal was not as critical as sanding. Most homeowners had a four-wheeler with plow attachment and were willing to clear snow on the spur roads. However, they indicated that sanding was critical on the spur roads. It was agreed that sanding will continue for Beauty Bay Drive and all spur roads. Contractors for snow removal and sanding will be contacted by the Road Committee.
Joe Rush made the motion that we “use the sander as a primary way to handle roads and also have 3 piles of gravel/salt mix for homeowners to spread when needed if the sander was not available”. Motion seconded and adopted without dissent.
Three large piles of gravel/salt mix are to be placed at strategic places in Beauty Bay Estates.
Beauty Bay Drive Easement: It recently came to the attention of the Board that past legal proceedings (BBHOA vs Flowers) from 1995 concerning dedication of the Beauty Bay Dr. easement were never legally finalized. The HOA had completed their part of the lawsuit and had assumed that Mr. Flowers had done the same. This became an issue for recent property sales. The burden is now on the HOA to do whatever is needed to have access granted. The County must accept a final dedication for the matter to be finalized; a survey may be required to provide a legal description of the property. We are currently on the wait list for a survey in order to complete the legal paperwork necessary to finish the dedication in the event it turns out that a survey is necessary.
Some members want to avoid fees for a surveyor or attorney and there were suggestions that if both parties agree there may be an alternative way to go about this. For example, create and easement or to have both parties work together and put forth the “road as is” and have something recorded with the County. The question arises if that would be an effective long-term solution.
Beauty Bay Lakewater Users Association (BBLWUA): Bill Braid presented the status of BBLWUA repayment to BBHOA of monies owed per BBHOA Board of Directors agreement. As part of the agreement, BBHOA will run a cable underground from the pumphouse to the gazebo so that electricity will be readily available at the gazebo. Work will be completed in 2019.
Non-members of HOA on Beach and Docks/ Community Rules: There was a lot of discussion on this topic. The main concern is that the number of homeowners that live here in summer is growing and there is limited space on the dock, beach and other common areas. The sentiment is that homeowners should have precedence over short term vacation renters. It was established that vacation renters often do not respect homeowners, our Bylaws or the common area rules. Some members want to amend the Bylaws to prohibit vacation renters with less than 12-month lease from using the dock and other common areas.
The most current Idaho Statute (Title 55, section 55-115(3)) was distributed to those in attendance. Barbara Christofferson explained her understanding of this statute/law was that an HOA cannot add, amend or enforce any restriction that would result in the limitation or prohibition of rental of the property within an HOA unless an owner agrees to this in writing. Any amendment to restrict home rentals would require a change to the Bylaws and/or CC & Rs and would only restrict renter use rights for future purchasers. Some homeowners disagreed with this interpretation.
As an alternative to restricting renter usage, Barbara Christofferson suggested establishing a system for notifying and fining homeowners if their renters are in noncompliance with the HOA community rules. Some other homeowners were in favor of this route whereas other members would prefer preventative measures.
Debbie Brides moved that “we form a committee and look into amending the Bylaws with the purpose of keeping the enjoyment of jointly owned property”. Motion was seconded. Motion was adopted.
A committee is to be formed to further investigate the legality of restricting renter usage. Debbie Bridges, Barbara Christofferson, Tim Ochoa and Anthony Plager volunteered for this committee.
Identification tags for individuals and their vehicle are to be issued to homeowners. They must always be visible when using common areas and the parking lot by the mailbox.
Architectural Committee: Our Bylaws state that we should have an active architectural committee to approve any new buildings or home improvements. It was asked how that was currently being done and do we need to send a reminder to homeowners. Without a full committee Bill Braid (Director, President) has been reviewing plans for new buildings and home improvements.
Wayne Christofferson, Eric Nowoj and Joe Rush volunteered for this committee for 2018-2019 term. The committee will work on updating architectural guidelines and presenting them to the Board.
Speeding on Beauty Bay Drive: members expressed frustration at vehicles speeding on Beauty Bay Drive. Another request was made that members be mindful of their speed and to comply with posted speed limits. Slower speeds also help to mitigate road dust.
Boats of 20 feet or less: It was reiterated that only boats of 20 feet or less are permitted in the boat slips. This is a condition of our land lease and insurance.
New Business:
Insurance: Bill Braid discussed our current insurance policy and the need for some changes, along with cost, to include Errors & Emissions insurance coverage.
Noxious Weeds: The Board was contacted by Kootenai County Noxious Weed Control and informed we had the noxious weed, Viper’s Bugloss growing on the shoreline. Angela Brown contacted Kootenai County and followed through with removal of the plants. The County will follow up with BBHOA over the next few years to check for reemergence of said weed.
Gazebo Lights: New LED patio lights were installed at the gazebo by Jerry Robinson and Angela Brown.
Dock Light: Avista Utilities installed a new LED light by the dock at the request of BBHOA. The light will be maintained by Avista.
Beach Area: There was discussion on improvement to the beach area which included possible installation of benches, a deck, creating better swim area and adding sand to the beach. The legality of altering the shoreline was questioned.
A committee is to be formed to investigate beach improvements. Cory Bridges, Eric Nowoj and Joe Rush volunteered to be on this committee.
Broken Piling: The survey (yet to be completed) regarding Beauty Bay Dr. easement will also determine the BBHOA property line with that of neighbor Marilyn Bagley (MB) on the lakeshore. If the broken piling (at the swim area) is on the property line with MB then BBHOA will split the cost of replacement with MB.
Bill Braid made a motion “that if we can lock off and make a swimming area then we go ahead and pay for the piling. If we cannot, then we revisit the need for the piling”. Motion seconded. Motion adopted with (13 + 8 proxy) votes for Yea and (7 + 3 proxy) votes for Nay.
Dock Repair: Joe Rush and Joe Bordelon replaced some “spongy” boards on the north dock. Extra lumber was made available for other members to make repairs to their area.
Beauty Bay HOA assessments: HOA dues to remain at $165.00 per lot.
Dock fees will remain at $150.00 per boat slip.
Election of Board Members and Officers:
Two Board of Director positions were up for vacancy/re-election:
Fred Henkel volunteered to do another two-year term.
Barbara Christofferson made a motion to “accept Fred’s offer to remain on the Board”. Motion seconded and passed without dissent.
Wayne Christofferson volunteered to serve on the Board.
Joe Rush made a motion to “elect Wayne Christofferson to the Board”. Motion was seconded and passed without dissent.
A huge “Thank You” goes out to our volunteers for road work, dock work and everything in between and making Beauty Bay a nice place to live. Thank you!!
Meeting adjourned at 1:15pm
Angela P Brown
BBHOA Secretary/Treasurer
Amended meeting Minutes based on meeting notes transcribed by Barbara Christofferson and an audio recording of the annual meeting obtained from Tim Ochoa.