Monthly Meeting November 2004

November 3, 2004


Attending: Larry Velte, Tom Coldwell, Armand Fournier, Bernie Shinal, Joe Meyer, and Dan Barney

The November 2004 monthly meeting of the Board of Kings Park West Community Association was held on Wednesday, November 3, 2004 at 7:30 p.m. at Robinson High School.

A quorum was present and Larry Velte called the Board meeting to order at 7:30 P.M.


The Board unanimously agreed to dispense with the reading of the October 6, 2004 meeting minutes.

The Board addressed the procedures for replacement of the Board seat resulting from John Ostromís leaving the Kings Park West community. The By-Laws authorize require the Board to designate the replacement for the remainder of the one-year term. The Board decided, after much discussion regarding the numerous individuals that volunteered and assisted the Board and the reorganization process; that the individual who had received the next highest number of votes from the last election should serve. The Board unanimously agreed to ask Michael "Fred" Fredericks from Tapestry Drive to serve for the remainder of John Ostromís one year term.

The Board discussed the status of the nominating committee and decided to place an article in the Herald advertising the nominating procedures for the two Board seats that will be up for vote at the next annual election. Tom Coldwell volunteered to prepare the article for the January 2005 Herald.

RCS Management forwarded the October 2004 monthly statement for the Boardís review. The payment status was generally unchanged from last month. The Board decided to hold-off further discussion of the arrears until next month. Next monthís report should have the results from the past-due letter that was sent to the members in arrears.

The Board discussed the performance of RCS Management. There was some concern over the timeliness of RCSís performance. Bernie Shinal will prepare a mid-year review and present his review to the Board at next monthís meeting.

The Board discussed the appropriate method for prorating the assessment fees for new homeowners that have become Members part way through the fiscal year in cases in which the seller was the owner/member at the time the annual assessment was due and failed to pay it. Robert Segan, Esquire, provided the Board with a legal opinion regarding the appropriateness of prorating the assessments. The Board unanimously approved the policy to bill the new homeowners a prorated amount. The Board further approved to prorate the assessments for new homeowners based on the date of sale of the home purchase through the end of the fiscal year. Tom Coldwell will prepare a letter that RCS will enclose with the invoice.

Larry Velte had further discussions with Bruce Wallachy (KPW Civic Association) concerning the Community Associationís and the Civic Associationís agreement regarding maintenance of the common land, the Tapestry Drive sign, etc. The Board unanimously agreed that the two organizations should formalize the agreement in writing.

The Board discussed theat status of the threatened legal action against the Board and RCS Management after a homeowner called Robert Segan, Esquire and Armand Fournier. The homeowner insists that the Board provide a written legal opinion concerning the legitimacy of the HOA and the reorganizing process. The Board has previously informed this homeowner that the reorganizing committee obtained legal guidance throughout the process to revitalize the HOA. Moreover, the Board informed the individual that he could obtain his own legal opinion, but the Board did not believe that it was in the interest of all of the other members to finance a legal opinion for this individual. The Board unanimously agreed that the Board would not spend HOA money to fund a written legal opinion for this individual.

The Board discussed updating of the website.

The Board discussed whether the Board should file liens against homeowners that have not paid their assessments. The Board will discuss setting a policy arising from lack of payment. The Board noted that some homeowners expressed a concern that they did not want to have to pay for other members who that did not pay their assessments. Bernie Shinal had previously discussed the lack of payment and lien issue with the Virginia Department of Professional and Occupational Regulation (State Real Estate Board) and will contact them for additional information. Additionally, the Board will investigate viable options, as well as obtain legal guidance.

Armand Fournier made a motion to adjourn the meeting. The motion was seconded and approved.

The meeting adjourned at 8:44s P.M.

The next KPWCA meeting is on December 1 at 7:30 P.M. in the Gold Cafeteria at Robinson High School.

Armand Fournier