Park River Oak Estates Homeowner's Association

Meeting Minutes

Park River Oak Estates Homeowners Association
Thursday, October 25th, 2007 Board Meeting Minutes

Board of Directors Present:
Marguerite Elia, President
Jocelin Luistro, Secretary
Golda Mainville, Vice-President

Board of Directors, absent:
Marian Wong, Director at Large
Gary Hardesty, Treasurer

Association Management Present:
Ginger Meadows       
Members/Guests Present:
Bob and Ann Campbell
            A regular meeting for the Park River Oak Estates Homeowners Association was called to order at 7:00 p.m. at the clubhouse.  Marguerite Elia, President of the Association, welcomed all attendees.

            The minutes of the meeting of July 31st, 2007 were reviewed by the Board.  A motion was made by Jocelin Luistro to approve as presented, second by Golda Mainville, all in favor.

            Marguerite Elia informed the Board that one-half of the membership mailed in their ballots for the Directors election.  Kimberly Harbison will take the minutes at the November Annual Membership Meeting.

            The financial statements for July 2007, were provided to the Board. 

            a.  A motion was made by Jocelin Luistro, seconded by Golda Mainville, to approve a Board Resolution to Record Notice of Delinquent Assessment, for Homeowner A, approved all in favor.

            b.  A motion was made by Jocelin Luistro, seconded by Golda Mainville, to approve a Board Resolution to Record Notice of Delinquent Assessment, for Homeowner B, approved all in favor.

            c.  A motion was made by Jocelin Luistro, second by Golda Mainville, to approve a Board Resolution to Record Notice of Delinquent Assessment, for Homeowner C, approved all in favor.

2008 BUDGET:
            The Board reviewed the proposed 2008 Budget.  The Budget presents the dues staying at $240.00 per month, per unit.  Marguerite stated that because individual homeowners now need to purchase private flood insurance, we could forego a dues increase for 2008 as long as the homeowners do not demand security patrols.  Pest control was discussed; Marguerite stated that Terminix has 35 rat stations out on the property that they check monthly.  Evidence of rats is exclusively on the east-side of the property.  A motion was made by Jocelin Luistro, seconded by Golda Mainville, to approve the 2008 Budget at $240.00 per month, per unit, passed all in favor.

            Marguerite informed the Board that roof repairs are in progress and the contractor will need to be paid.  All litigation funds and the $40,000 deposited in the Reserves from the original 18 homeowners need to be withdrawn from the reserve account to pay $255,000.00 to the contractor, seconded by Jocelin Luistro, approved all in favor.

            Marguerite reported that Angius & Terry wants to be paid for the first draft of the revised CC&Rs for the Association.  The total price contracted in 2005 for the finished re-write was $4,500.00.  This cost was for one draft, one revision, and one final copy.  There are a lot of changes that still need to be made to the first draft.  The attorney is not willing to forego getting paid for the first draft.  It would be a shame for the Association to be out possibly $2,000.00 for a partial product.  The Board needs to decide if they want Angius & Terry to finish the re-write, or start over with another law firm for the CC&Rs re-write.  After discussion, a motion was made by Jocelin Luistro, seconded by Golda Mainville, for the Association to continue the CC&Rs re-write with Angius & Terry, making sure that they update the CC&Rs to include all new elections requirements, passed all in favor.

            Marguerite stated that most of our vendors have requested Emailed pictures of work projects, in order to accurately address requests.   The HOA needs a digital camera so that Association repairs, problems, and violations can be immediately documented online and shared with all parties, including attorneys.  Over a year ago, a non-digital camera was donated for free, but it is very complex, very old, and not compatible with Email needs.  A motion was made by Golda Mainville, seconded by Jocelin Luistro, to authorize Marguerite to purchase a digital camera for the Association, passed all in favor.

            Marguerite stated that one night at 4:00 am, loud noises persisted on George River Lane for almost an hour.  She later looked at the security camera video but could not see what was causing the noises, as the existing cameras did not cover the entrance area completely.  She proposed that the Board consider purchasing one more camera so that the complete entrance area is covered by video.  (Later it was discovered that the disturbance was caused by two paper boys.)  The cost for this camera would be approximately $500.00.  A motion was made by Golda Mainville, seconded by Jocelin Luistro, to approve the purchase of one additional camera at a cost of approximately $500.00, all in favor.

ROOF CONSTRUCTION ISSUES (new insurance exclusions)
            Marguerite informed the Board that the roof construction was suspended for a month because two stucco subcontractors quit because of their business connection to our previous construction defect litigation, and various other issues.  Old Country Roofing called five replacement contractors but none of them had proper insurance levels to legally work on our property.  Most contractors’ insurance companies began to secretly exclude townhouses and condominiums from their policies about one year ago -- unknown to everyone including the contractors themselves, and the entire Park River Oak Board of Directors.  Insurance companies did not openly disclose or publicly report this new TOTAL exclusion to clients in California.  If a contractor was hired without high insurance levels, the Association is held 100% liable for many thousands or millions of dollars, in the event of a worker injury or death, by law.  A recent California court case codified stiffer HOA insurance obligations.  The new subcontractor for Old Country Roofing agreed to purchase higher premiums to over-ride the exclusion and paid half of the cost, because Old Country Roofing paid the other half of the premium.  These issues were completely unpredictable and hidden by back-room California insurance politics.

            Almost all exterior maintenance on our buildings is impacted by the new insurance  exclusion.  Contractor costs have increased to cover the price of premiums that over-ride the new exclusions against townhouses.  The increased costs for repairs are passed on to their customers, including us, and must be put into higher future budgets.

            Ginger Meadows, the association manager, agreed to write to all Park River Association vendors and request their current certificate of insurance and to investigate exclusions in their policies, as soon as possible.

            Marguerite stated that there are very large stucco holes near the gutters of numerous new townhome buildings.  Pigeons and bees have moved into some holes.  Five pigeons were living inside an attic of one new home.  We paid for pigeons and bees to be removed.  The holes are a construction defect.  The roofer discussed the issues with Seastar, and Seastar said they would repair the holes even though the warranty expired.  Seastar filled some holes with foam (after we removed bees), which is not a quality or equitable fix.  Seastar was asked to not use foam again.   Old Country Roofing looked at the State Contractor’s Board website for River City Construction and Seastar Incorporated, and neither company carries worker’s compensation insurance.  Without worker’s compensation, their workers cannot legally complete repairs to the buildings.

            Golda Mainville added that Marguerite Elia is doing a good job working with complicated situations and tough contractors.  She is knowledgeable about repairs to the buildings, and the responsibility of the Association regarding proper insurance coverage.

            The clubhouse was a part of the original litigation case, with the same defects that necessitated the removal of the other older roofs.  The Association was given a proposal from Old Country Roofing for $17,380.00 to completely re-roof the deteriorated clubhouse roof.  Those funds are available within our reserves.   A motion was made by Golda Mainville, seconded by Jocelin Luistro, to approve $17.380.00 to re-roof the clubhouse, all in favor.

            The Board was reminded that November 2nd is the hearing date for delinquent homeowners to appear before the Board.  Three Board members must attend this hearing.

            Marguerite reported that in a new homes’ area where there are stairs, the concrete is very uneven and needs to be repaired in two places.  The Association received a bid of $500.00 from PGK to get rid of any safety/trip hazard.  A motion was made by Jocelin Luistro, seconded by Golda Mainville, to approve the cost of $500.00 from PGK to make the necessary repairs to remove two trip hazards in the concrete, all in favor.

            If the Association raises our deductible from $2,000.00 to $4,000.00 per incident, it would be a savings of $1,500.00 per year.  Homeowners are responsible for paying up to the level of the deductible.  A motion was made by Jocelin Luistro, seconded by Golda Mainville, to raise the deductible from $2,000.00 to $4,000.00, all in favor.

            Marguerite recommended researching a new HOA State Farm Insurance representative.  One current State Farm individual has not acted in the best interests of the Association.  A sizable flood insurance refund has been delayed almost all year because of negligence, plus we have received other complaints as well.  For three months, Marguerite was forced to complete the main efforts for the refund.  A motion was made by Golda Mainville, seconded by Jocelin Luistro, to authorize Marguerite to change the State Farm Insurance representative if a resolution is not immediate, all in favor.

            A complaint was received about the area behind 7729 Park River Oak Circle being used as a dog bathroom.  During the month of August, a homeowner could not enjoy his back yard because of a bad smell.  He also lives a few feet away from the dumpster.  A Board member carefully inspected the entire area and found no evidence of any form of pet bathroom.  Plants are permanently damaged by any amount of pet bathroom and there was no plant damage, either.  If evidence eventually appears, Marguerite proposed to the Board that the Association purchase a dog stand with a sign and plastic bags for picking up feces.  It would show that the Board acknowledges the problem and is trying to help.  Dog stands are unsightly, but it would be hidden by the dumpster.  A motion was made by Jocelin Luistro, seconded by Golda Mainville, to purchase a dog stand for this area  if a need becomes evident, all in favor.

            The Association did not receive notification from Sacramento County to have annual inspections performed on the nine backflow units in the complex.  The County requires that they be inspected and tagged every year, no exceptions.  Last year, Creative Outdoor Environments (former landscapers) had our notices sent to Lathrop, without our knowledge or authorization.  The Association hired an inspector, had all nine units inspected on September 14, 2007, and purchased covers to prevent freezing during the winter months.  We prevented the mandatory fine of $30,000.00 for a failure to inspect.

            On several occasions, AT&T has blocked the entire entrance area of Park River Oaks.  Residents complain that they are messy, loud, and take over more road space than needed for their work.  Twice, a transportation van for a Park River resident with a disability could not get into the complex because AT&T blocked the entire entrance with their vehicles and equipment.  Ginger Meadows will draft a letter to AT&T regarding this problem.

            Ann Campbell stated that there are some stairs in the new homes’ area that do not have handrails.  The Board agreed to examine the stairs and handrail issue.

            The annual membership meeting is on November 4, 2007.

            A motion was made by Golda Mainville to adjourn the meeting was at 8:44 p.m.

Prepared by
Ginger Meadows
Association manager