Kings Park West Community Association

Annual Meeting

May 22, 2013

Vice President Joe Meyer called the meeting to order at 7:35 p.m.

A quorum of the membership was present, with 15 members in attendance, including the Board, and 79 represented by proxy for a total of 94.  Fifty-eight are required for a quorum.

Joe Meyer introduced the Board, Larry Velte, at-large; Mark Heppner, Treasurer; Linda Bufano, at- large; Maureen Pettis, Vice Treasurer; and himself as Vice President.  He informed the HOA that Armand Fournier was not in attendance because of work responsibilities, and Virginia Scattergood, Secretary; was also absent due to other responsibilities.

Treasurer’s Report:  Mark reviewed the proposed budget that was included in the mailing announcing the annual meeting. As of April 30, the grand total between the operating account, checking, savings and reserve CD accounts came to $40,880.97. 

The Board has proposed keeping the annual assessment at $40.00 based on last year’s budget and 2014 projections.  Mark noted that tree maintenance expenses are the largest expenses for the Board.  The final budget will be voted on by the Board at the next meeting, June 12.

The Goldklang audit: Mark read the third paragraph of their report, which is available on the KPWHOA.org website, which was favorable.  There were 9 findings, which the Board is endeavoring to complete, if possible.

Questions from the floor included that of payment of dues and how many, if any, homeowners’ dues are outstanding, and how does the Board deal with outstanding dues.  Larry explained that there are currently 8 outstanding payments for dues, very low in terms of percentage of homeowners who are in arrears, based on number of members, when compared to the Virginia average.   He said that some homeowners simply don’t understand the process and others do not want to be in the HOA, although they have no choice.  While there are initial expenses for collecting dues, sending letters, certified letters and filing and releasing liens, these are all recoverable and occur when the homeowner sells or refinances his house or by releasing the lien when he pays.  The expenses can be up to about $60.00 per lien in addition to the $40.00 dues.

State of the Association:

Liability issue:  The insurance we pay for, less than $10.00 per household ($4750/580 homes = 8.19 per household to be exact) is based on the number of households in the HOA, not any type of liability risk identified per se, or size of common property.  The Board is more focused on the possibility of trees falling on homes and on potential of injury occurring on the common land.  Ongoing issues include man-made bridges that cross streams, trenches as falling hazards, trampolines erected on common land, and large items being dumped on common land.

Encroachments:  The Board has adopted the policy that if a shed or other physical encroachment (except for trampolines) existed at the time of the re-emergent HOA, then it could remain until the house is sold, whereupon the defect must be corrected at the time of sale or transfer of the property.   The Board notifies affected homeowners preemptively so that the HOA will not lose its rights via adverse possession.  This practice is ongoing, but the Board also has to be vigilant so that new encroachments do not occur.  An example was given that a new fence has to be reconfigured due to the fact that some of it was built on common land. 

Liens: The Board sent out 17 certified letters to collect delinquent dues. As of May 8 there were 13 unpaid assessments.  We may ultimately have to put liens on these homes.  This will be done in a June/July timeframe.

Trees:  The Board spent $6710 this year to cut down trees.  They are cut down and left in place to naturalize.  The Board notes that streams are undermining the root balls of the trees and are creating large gullies when it rains.  These gullies are getting bigger and exposing sewer pipes.  The county has been notified of the exposed pipes, and is taking steps to fix these problems.

Joe completed delivery of the President’s annual report.

A member from the floor mentioned some tree growth from the common land was expanding into the area of her backyard.  The board agreed to investigate.

Election of board members:

There are three open spots, and three nominations:  Mark Heppner, Larry Velte, and Linda Fournier.  No other nominations from the floor were received.   The three nominees were elected by acclamation.

Board member will elect Association officers at the next meeting.

The meeting adjourned at approximately 8:10 p.m.