Date: Thursday November 15, 2018
Location: 8463 E Beauty Bay Dr., Coeur d Alene, ID 83814.
Members Present:
Bill Braid (Director; President), Barbara Christofferson (Director; Vice President), Fred Henkel (Director), Wayne Christofferson (Director), Angela Brown, Secretary/Treasurer
Quorum was met.
Proceedings:
Meeting was called to order at 5:15pm by Chair, Bill Braid
Approval of Meeting Minutes: A motion to approve the meeting minutes from August 2, 2018 was made by Fred Henkel. Motion seconded. Meeting minutes were adopted.
Unfinished Business:
Road Dust Control: Fred Henkel reported that he and Cheryl Nowoj had discussed dust control contracts with possibly of contracts longer than one year if we can have a discount. Angela Brown reported receiving notification from Morton’s Dust Control that we have a credit of $686.92 with the company.
Sagging Power Line: Fred reported he had called Avista about the power line (going to the pumphouse in the common area) that was being pulled down by branches. Avista stated they could shut off power but it was our responsibility to trim the tree which is located on the Bagley property. Fred or Bill are to visit the Avista office with the aim of a better outcome.
Insurance: Policy is still under review. Motion was made by Bill Braid to “go ahead and pay current coverage for the next six months”. Motion seconded and approved.
BBHOA vs Flowers access boundary dispute: The Board met with surveyor (Ruen-Yeager and Associates) on November 14, 2018 to discuss his findings. So far, in his opinion we were “landlocked” as shown on the Platt map and it would remain a “cloudy” situation until resolved properly. Board is waiting for more information from the Surveyor before going to Pioneer Title Company if appropriate.
Architecture Committee update: Board is waiting to receive architecture guidelines from the committee.
Website update: Angela reported that Mark Brown is hoping to have the web page finished by the end of the year.
New Business:
Committees: The legality of creating a committee at the annual meeting (August 18, 2018) was questioned. As stated in the Bylaws (Article VI, 3n) if there is a need for a new committee, it should first be created by a resolution of the Board.
Idaho Statute, Title 55-115 (3): based on the wording of this statute,there was discussion as to whether the HOA could restrict the use of renters to use the common area. The question was initially raised at the annual homeowners meeting on August 18, 2018.
A motion was made by Fred to “create a committee with the task to research the feasibility of limiting renters use of the common area”. Seconded. Motion adopted.
The committee will be referred to as the Common Area Restriction Use Committee.
Members of the committee: Debbie Bridges, Tim Ochoa and Anthony Plager.
The committee will be invited to the next board meeting to report their findings.
Beach Area: Members at the annual meeting showed interest in making improvements to the beach area.
Fred made the motion to “create a committee with the task to research and advise who is the approval authority to contact for making changes to the beach area, suggest possible changes for the beach area and also look into the possibility of installing a guard rail”. Motion was seconded and adopted.
The committee will be referred to as the Beach Area Committee.
Members of the committee: Cory Bridges, Wayne Christofferson and Eric Nowoj.
The committee will be invited to the next board meeting to report their findings.
Request for Boat Slip Use: Fred reported he had received a request from Crux Diving (Brent McDaniel) to use one of our boat slips over the winter. The dive company are working on the bridge at Blue Creek Bay and it would be easier for them to dock on this side of the lake. Their boat is less than 20 feet in length.
Bill made the motion “to let Crux Diving use one slip on the North dock until April 15, 2019, with the provision that BBHOA are not liable or responsible for any dive equipment or boat and that Crux Diving assume liability for any damage to the slip and dock area”. Motion seconded and approved.
Barbara will do an online search for a form for them to sign. If none found, Angela will type up a document with terms and conditions.
Consolidation of Lots: Bill reported that the new owners of Block 1, Lots 9 & 10 will consolidate the two lots to make one lot for the purpose of building a garage. Angela Brown stated that consolidation of lots reduces income from dues and at sometime in the future the Board may need to address a different method of assessment for collection of dues.
Audit of Books: Fred asked if the HOA books had ever been audited. Angela stated that to her knowledge the books had not been audited. Angela also offered that as a small association it was a big expense to hire a CPA to do that. However, under Robert Rule of Order the Board may create an auditing committee of two or more members to examine the financial accounts and certify whether the treasurers report based upon them is correct. This may be a standing committee or special committee created each year.
Homeowners, Debbie Bridges, Cory Bridges, Joe Rush and Tami Doolittle (POA for Floyd Flowers) brought concerns to the Board and attended the Board meeting from 6:00 – 7:30pm.
The first concern was incorrect representation of the annual meeting in the meeting minutes mailed out to members in October 2018. The homeowners brought with them a list of corrections and additions that they wanted in the meeting minutes based on an audio recording that they had. They also wanted the newly amended minutes mailed out to other members of the association. Angela explained that under Roberts Rules of Order, the minutes sent out were considered a “draft” and would remain so until amended and approved at the next annual meeting in 2019. A copy of the audio recording of the annual meeting was obtained by Angela (Secretary) on November 13. Angela stated that she is listening to the three hour recording and will make any necessary amendments to the minutes.
The second concern was about Beauty Bay Dr easement. Joe Rush presented documents copied from Kootenai County Recorders Office showing a survey and dedication from 1995. The members in the room were adamant that the HOA did not need the expense of a surveyor or attorney and the easement was already legal based on these documents and discussions Joe had with the transport department. The Board disagreed and stated they are legally bound to resolve the issue once and for all. Potential buyers can’t be expected to acquire these documents and try and explain the situation to a Title company so that they may purchase a home. The question remains, why are we having issues with property sales through Pioneer Title Company? Barbara re-iterated that in the law suit (BBHOA vs Flowers) BBHOA fulfilled their obligations however Floyd had not and there is strong suspicion that has something to do with the current situation. That is why the Board has taken the first step by working with a surveyor to try and figure it out.
Meeting was adjourned at 8:45pm.
Minutes submitted by Secretary, Angela P Brown