Membership Meeting Minutes

November 13, 2022

Board Members Present: Marguerite Elia, Brent Cho, Jack Schroeder

Board Members Absent: Ron Colton

11 additional homeowner members of the Park River Oak Estates community were in attendance

The meeting was called to order at 5:05 p.m.   Meeting quorum was met with 42 ballots. 

• Introductions
  
  Attendees introduced themselves.  Marguerite Elia explained the legal nature of the HOA and the special laws that apply to it.

• Board Election
  
  The Inspector of the Elections counted the ballots and Marguerite Elia was reelected to the Board of Directors with 42 votes.

• The Year in Review
  
  Marguerite Elia discusses legal issues the HOA is involved in:
  
  • Both  Developers who built the 82 homes did not prepare proper grant deeds to legally transfer all  common area properties to the HOA Board of Directors, as they claimed. Title must be held by the HOA Board of Directors.
    
  • The California state definitions of “guest” and “tenant” were not included in the CC&R Rental Amendment. This will be corrected in the future although California state law still FULLY applies to this HOA community whether or not the definition is found in the CCRs.  One or two people have tried to call their “tenants” guests when it was completely illegal to do so as California law is very clear.  Guests are defined by CALIFORNIA LAW as visitors who are in this gated community LESS than 14 non-consecutive visits in a six month period (day or night).  State law prevails regardless of CCRs.
    
  • The continuing Yeager theft of services and unjust enrichment has continued for another 5 years and should be litigated again in 2023.

• The 2023 Budget
  
  Roof and gutter problems caused primarily by major construction defects continue to create many repair projects every year.
  
  The city-mandated Food waste collection costs $100 per month per container.  Republic has increased its monthly charge dramatically.  Every vendor has increased rates except for the pool vendor, in the same manner general citizens have experienced price increases across the board. HOA monthly dues will increase to $275 on January 1, 2023.

• Questions/Comments
  
  A question arose whether owners could put screen doors on their units.  Marguerite Elia believes that some door screens would be approved by the Board of Directors, but because it is a change to the outside appearance of the buildings, the homeowner request MUST go through Architectural Review by the Board of Directors.
  
  A question was asked about mailbox security. Marguerite Elia said the HOA cannot replace mailboxes because the Post Office will not allow us to do so.  The post office has stated that only minimal damage resulted to our boxes, from previous mailbox break-ins.   Mailboxes that were completely destroyed were allowed to be replaced in other parts of the city.

• General Membership Meeting Adjournment
  
  Meeting was adjourned at 6:06 p.m.

• Board of Directors Executive Session
  
  Brent Cho agreed to continue as Board Treasurer and Jack Schroeder will continue as Board Secretary. Ron Colton has resigned from the Board.  Marguerite will continue as the President.

• Adjournment of Executive Session
  
• Respecfully submitted by J. Schroeder