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Park River Oak Estates
Homeowners Association

Membership Meeting Minutes

November 20, 2011
Board attendees:  Marguerite Elia, President; Eric Olsen, Vice-President; Greg Watanabe, Treasurer; Darrell Hamamoto, Secretary

ABSENT:  Kevin Brown

Twelve members at large attended.

Officers of the Election:  Jeannie Lee; Jim Williams; Mike Mullins

Marguerite Elia announced that meeting quorum was met by the receipt of 28 ballots in good standing.  Ms Elia invited all members present to introduce themselves and get to know their neighbors.  She also reviewed the election rules and procedures for counting ballots.

M. Elia:  Introduction to HOA Functions

  1. Planned United Developments (PUDs) are in a different legal category than Single Family Dwellings, or condominiums, or apartments.  The homeowners have more responsibility for their private property maintenance and repairs.  We also are non-profit corporation.  The state of California regulates us as a commercial property, but also binds us to many residential rules, as well.  We are under more strenuous regulations than other forms of real estate .  E.g. we are held to commercial standards and liabilities so we cannot use unlicensed, uninsured contractors.  Owners are responsible for all exterior and interior repairs as if a SFD.  Practically-speaking, however, the HOA does MAJOR external projects such as full building paintings, and roof repairs.    Laws governing PUD are stringent; there is no leeway with laws (including many details, such as swimming pool must have bathroom with soap).  Offenses are subject to steep fines.  The corporate “Business Judgment Rule” means  our PUD must consult with expert professionals (such as engineers, CPAs; attorneys) rather than operate on “opinions-only.”
  2. Construction litigation is continuing but very slowly:  Discovered that construction project was underinsured by developer.  Attorney on contingency fee basis.Our HOA Accountant is still working out very well.  The previous property management company was done away with, which enabled more professional bookkeeping.  Marguerite has been successful in collecting dues from those in arrears.By January 01, 2012 everyone must get on Bill Pay system since Wells Fargo lockbox is no longer an option due to closing their San Jose lockbox and raising their fees.
  3. Members discussed the back gate situation.   Every single feature of the back vehicle gate has been replaced.  Suggestion:  Install a keypad system in the back.  Answer:  Extremely expensive process for a second keypad system; not feasible, especially because just a few steps away we have an excellent keypad system in the front.  Couple of people reported observing a young man who likely lives here vandalizing the rear gate.  One person has also observed one “dumpster diver.”  Paladin security has greatly reduced problems and has been doing a good job.   Consensus was to leave the rear gate as an exit gate, exclusively because it adds an extra dimension of security.

Question & Answer Period

  1. Suggestion:  Make better use of email to communicate to residents for maintenance issues; solicitors; concerns.  E.g. hot tub heater malfunction last week in October.  Solution:  FaceBook account could be set up for intercommunity communication. Two members (Harbison and Toma)  (not Board members) accepted the assignment to setup a community facebook account.
  2. Vote Tally:  Darrell Hamamoto:  24 votes; Greg Watanabe:  27 votes.
  3. Dues:  No increase for 2012.   Budget distributed.
  4. Foreclosure:  Only one pending foreclosure.
  5. Canceled alcohol privileges in club house this year for liability reasons.  But club house is rentable for $50.
  6. Exercise Room hours:  7:00am – 11:00pm.  Security company does not hassle anyone who remains quiet.
  7. Recycling Container:  Suggestion for putting recycling bin in garbage area instead of just centrally.  Board did cost analysis of garbage contract (Allied Waste) to arrive at most affordable arrangement.  Second suggestion:  Build an enclosure for recycling bin where it is.  Board noted suggestion and will price options.
  8. No lights in certain sections of development; George River Lane is relatively dark.  Marguerite recommends that we add one more light pole in that area.
  9. Expensive rain gutter cleaning is planned.  Need lift rental; three layers of gutters.

Meeting Adjourned

Respectfully Submitted:  Darrell Y. Hamamoto, Secretary