January 21, 2008

Call to order/opening remarks by President 7:02P.M.

Minutes for December 17, 2007 approved as amended 7:07 P.M.

Attorney's Information on Special Assessment Voting

Per the Board’s request, the Manager inquired as to the ability of the Board to count ballots received after the January 1, 2008, deadline. The Attorney advised that they should not be counted but retained for 12 months to comply with Civil Code.

The Inspector of Elections began tabulation of ballots. 7:10 P.M.

Owner’s Forum 7:12 P.M.

 A Homeowner brought a landscaping issue and his proposed plan for new landscaping before the Board. This item is already on the agenda.  See below.

Requests 7:18 P.M.

  • A Homeowner expressed concern regarding the front steps into her home.
  • A Homeowner expressed concern regarding responsible pet ownership which includes cleaning up after pets. He asked that a note regarding “responsible” pet care be included in the next Playmor Post.

Violations 7:21 P.M.

Owner: On Tuesday, November 20, 2007, one of the HOA’S landscapers witnessed a boy, approximately 10 years old, take a 1 gallon gas can, remove the lid and then proceed to pour most of its contents (a gas / oil mixture confirmed by the landscaper) into the bushes near where the landscaper’s wheelbarrow was parked. Violation Found (MSC)

Owner and Tenant: On Monday, December 10, 2007, at approximately 4:00 p.m., the Owner / Tenant’s dog was off leash, in addition to many other times prior to this date when this same dog was also off leash. This is in violation of the HOA’S policy that “no dog shall enter the common area except while on a leash held by a person capable of controlling the dog.” No Violation Found   (MSC)

Note: Five Notice of Hearing have been deferred to the February Agenda

Managers report  7:40 P.M.

Financials7:41 p.m.

  • As of 01/16/08, 270 homeowners have paid the Plumbing Assessment in full.  A list of all owners who have not paid the plumbing assessment has been sent to the attorney’s office for pre-lien letters.

  • A Board Member asked “Why do we pay an attorney a retainer fee?”  The Manager explained that our “per fee” cost for each pre-lien letter, each lien and each foreclosure is reduced by paying a retainer. The retainer does not cover litigation.

  • Playmor HOA has paid $8,128 toward plumbing expenses out of the Operating Budget for this fiscal year.

  • Discussion re:  Deferred Maintenance. The fact is:  “What we don’t do this year will cost us more next year.”
  • The Board communicates financial updates to Playmor Bernardo Homeowners and their opportunity to stay informed and involved via:
    • Notices inviting their attendance at Board Meetings
    • The Annual May Budget Presentation
    • The Annual September Auditor’s Report
    • Website posting of the Minutes of Board Meetings

  • Additional conversation occurred related to rewriting or changing the CC&R’s and the Bylaws.  These documents are interconnected; a change in one necessitates changing the other. Legal fees of approximately $2,500 would be incurred to change each document.

  • As of January 17, 2008, unpaid dues totaled just over $30,000.  Approximately $20,000 of this total can be attributed to homeowners whose names have already been sent to the Attorney’s office for collection: i.e. pre-liens, liens and foreclosures. Due to the current real estate economy, many HOAs are experiencing high delinquencies and high foreclosure rates. In San Diego County alone, there are approximately 90,000 properties in foreclosure this month. Two Board members have requested that they be copied on daily HOA correspondence.

  •  Money lost to Foreclosures:   $7,076.00

  • The Board reviewed both homeowners involved in these two foreclosures and discussed the appropriate actions to be taken for each unit.  A February 5th Small Claims Court date is scheduled for one of the two owners.

  • The Board reviewed two homeowner letters; no action was taken.

  • Owner's request to waive late fees on account. The Board denied his request for waiver of late fees and accepted his submitted Plumbing Assessment payment plan. (MSC)

  • Owner hotel request. The Board denied his request for reimbursement of a hotel stay. (MSC)

Inspector of Elections Report:  8:48 P.M.

There were a total of 153 eligible ballots to be counted. The ballot count was

99 Approved the Assessment
54 Disapproved

The $2,000 Special Assessment passed.

Members in Poor Standing with Privileges  9:02 p.m.

  • Four households.

Members in “Poor Standing” with Revoked Privileges

  • Five households. Two had cable disconnected on 9/07/07; two had cable disconnected 12/28/07; one unable to disconnect cable.

Bank Owned / Vacant Units in “Poor Standing”

  • Bank of New York
  • Freemont Investment

At the January 21, 2008, Board Meeting,  the Board voted as follows:

  1. One household has paid their balance in full and the Board has voted that their status remain as “Members in Good Standing.” (MSC)
  2. The Board directed the Manager to re-notice two homeowners and to note that their standing will be reviewed again and voted on at the February meeting due to partial payments made  to each of their accounts. (MSC)
  3. Two households are now in  “Poor Standing” and have had their privileges revoked. (MSC)

Resolution on Delinquencies:  The membership status of the named owners is determined to be “Not in Good Standing.” The privileges of owners “Not in Good Standing” to use all common area amenities are suspended, effective upon notice set forth in the Bylaws.  Such owners must remit their I.D. tag and key to the office no later than February 4, 2008.  All privileges to use the tennis courts, pools, spas, barbecue and to receive Time-Warner basic cable service are revoked until the membership status has been restored to “in Good Standing.” (MSC)

Board Votes for Lien Approval:

It is resolved that the board authorizes that a lien be recorded on the Properties with assessor parcel numbers listed below in the event payment in full is not received by the deadline imposed in the Intent to Lien letters.  (MSC)

Parcel Numbers 273-840-09-2, 273-840-15-07 and 273-840-02-40

Unfinished Business 9:20 P.M.

  • Letter from Jeff Wilson for the Board’s Review.

  • Owner's Landscaping Request: The Board approved the owner's landscaping request Plan #1 with a few
    adjustments.  The homeowner is to purchase and pay for all the materials associated with his new landscaping.  Manager will confirm the Board’s  decision and plan adjustments via a letter to the homeowner.  (MSC)

New Business 10:20 P.M.

  • Board Vote for Winner of Christmas Decorations Contest. Due to the current financial status of the HOA the monetary awards for the Holiday Decorating Contest were reduced to $25.00, $10.00 and $10.00.  (MSC) The winners were as follows:
    • First Place: Wade & Linda Steverson
    • Second Place:The Timothy Leininger Family
    • Third Place: Rafael & Theresa Ruiz

  •  Board discussion on prepayment incentives for the $2,000 Special Assessment:  None will be offered.

  •  Garage Use:  The Board discussed ways to encourage homeowners to clean out their garages to park their vehicles in rather than to use them for storage purposes.

  •  Commercial Vehicles: The Board reviewed the Rules Book information pertaining to commercial vehicles.

  • Trees Growing Out of Porches: The Board charged the Landscaping Committee and the Manager to compile a list of owners who need to trim and/or remove overgrown trees from their patios. These trees have the potential to damage second story decks and the fascia on building exteriors.

Adjourn to Executive Session (MSC) 10:13 PM

Adjourned from Executive Session (MSC) 12:32 P.M.

(MSC) Motion, Second, Carried

Prepared by Sandra M. Witt, Administrative Assistant