BIRCH CREEK FOREST PROPERTIES, INC.
MINUTES OF REGULAR MEETING OF BOARD OF DIRECTORS
AUGUST 6, 2016
THE BOARD OF DIRECTORS OF BIRCH CREEK FOREST PROPERTIES, INC. MET IN THE COMMUNITY BUILDING IN BIRCH CREEK FOREST SUBDIVISION ON SATURDAY AUGUST 6, 2016, AT 8:00 A.M.
PRESIDENT KORY HOLMES CALLED THE MEETING TO ORDER AND DECLARED A QUORUM PRESENT. SUSAN WARNE WAS NOT PRESENT.
MINUTES OF THE REGULAR BOARD MEETING HELD JULY 2, 2016, WHICH WERE POSTED AND CIRCULATED, WITH ONE SPELLING CORRECTION, WERE UNANIMOUSLY APPROVED ON A MOTION BY CHRIS HENNING AND SECONDED BY KORY HOLMES . A COPY IS TO BECOME A PART OF THE RECORDS OF THIS MEETING.
THE TREASURER’S REPORT AS OF JULY 31, 2016, WAS GIVEN BY DON SHOCKEY. UPON MOTION BY DON SHOCKEY, SECONDED BY CHRIS HENNING AND DULY PASSED, THE BOARD APPROVED BILLS AS PAID. A COPY IS ATTACHED TO AND BECOMES A PART OF THE RECORDS OF THIS MEETING.
ABATEMENT: NONE
ARCHITECTURAL:
1. CHARLES DeWITT APPLIED TO REPLACE HIS EXISTING CARPORT WITH A NEW 24 FT X 36 FT X 12 FT CARPORT ON HIS PROPERTY AT 601 SWEET GUM. THE MOTION TO APPROVE THE APPLICATION WAS MADE BY KORY HOLMES AND SECONDED BY CHRIS HENNING AND WAS APPROVED.
GRIEVANCE: NONE.
BUILDING RENTAL: ONE
SWIMMING POOL: JERRY POTENZA REPORTED THAT THE POOL HAS BEEN IN GOOD CONDITION BUT AT THIS TIME, IT NEEDS CLEANING DUE TO LEAVES AND DIRT IN THE POOL.
OLD BUSINESS:
A. IN ACCORDANCE WITH ARTICLE 1V, SECTION 1 OF THE BY-LAWS, PRESIDENT HOLMES ASKED FOR NOMINATIONS FROM THE FLOOR FOR THE TWO BOARD POSITIONS TO BE ELECTED AT THE ANNUAL MEETING. THERE WAS ONE NEW VOLUNTEER. WAYNE OEHLER VOLUNTEERED TO FILL THE SECOND POSITION OF THE TWO POSITIONS TO BE FILLED AT THE ANNUAL MEETING ALONG WITH CHRIS HENNING WHO AGREED TO SERVE ANOTHER TERM.
THE PRESIDENT THEN EXPLAINED THAT IN ACCORDANCE WITH STATE LAW:-CHAPTER 209-SECTION 209.0058-of 2011 LEGISLATIVE CHANGES EFFECTING HOA’S IN TEXAS:IN ASSOCIATION-WIDE ELECTIONS, WRITTEN AND SIGNED BALLOTS ARE NOT REQUIRED FOR UNCONTESTED RACES. BECAUSE THE RACE IS UNCONTESTED AND THERE WILL BE NO ELECTION REQUIRED THIS YEAR.
NEW BUSINESS:
A. MR. HOLMES STATED THAT THE ANNUAL MEETING WILL BE HELD AT 10:00 AM ON SATURDAY, SEPTEMBER 3, 2016. (BY-LAWS -ARTICLE III SECTION 1: An annual meeting of the members shall be held …… on the last Saturday of August or the first Saturday of September whichever Saturday is the nearest to Labor Day). HE EXPLAINED THAT BECAUSE OF NOT HAVING AN ELECTION WE WILL NOT APPOINT AN ELECTION COMMITTEE.
B. MR. HOLMES STATED THAT THE REORGANIZATION EXECUTIVE SESSION FOR THE BOARD WILL BE AT 2:00 P.M. ON SATURDAY SEPTEMBER 3, 2016.
C. PRESIDENT HOLMES EXPLAINED THAT WE MUST MAIL NOTICE OF ANNUAL MEETING BEFORE AUGUST 23. (NOT LESS THAN 10 DAYS PRIOR TO ANNUAL MEETING PER BY-LAWS).
D. MR. HOLMES STATED THE NEXT REGULAR BOARD MEETING WILL BE AT 8:00 AM SATURDAY, SEPTEMBER 3, 2016.
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E. PRESIDENT HOLMES MENTIONED THE DEADLINE FOR FILING THE CORP. INCOME TAX IS AUGUST 15, 2016
F. THE PRESIDENT EXPLAINED THAT LIENS ON THE PROPERTIES OF TEN OWNER’S HAVE BEEN RECORDED
AT THE COUNTY COURT HOUSE FOR NONE PAYMENT OF MAINTENANCE FEES FOR THREE YEARS OR MORE.
COMMENTS FROM THE BOARD:
A. MR. HOLMES EXPLAINED THAT HE HAS BEEN ASKED IF THE SWIMMING POOL COULD REMAIN OPEN UNTIL 10:00 P.M. FOR THE REST OF THE SEASON AND HE EXPLAINED THAT DO TO THE PROBLEMS WE HAVE HAD IN THE YEARS PAST WE WOULD NOT CONSIDER MAKING THIS CHANGE , HOWEVER IT COULD BE DISCUSSED BEFORE NEXT YEAR’S SEASON.
B. MR. HOLMES HAS BEEN ASKED ABOUT PUTTING A SWING SEAT FOR A BABY IN OUR SWING SETS. AFTER SOME DISCUSSION, MR. HOLMES MOTIONED TO ADD AN APPROVED BABY SWING IN PLACE OF ONE OF THE EXISTING FOUR SWINGS. JUDY BENCH SECONDED THE MOTION AND IT PASSED WITH CHRIS HENNING ABSTAINED.
COMMENTS FROM THE FLOOR:
A. NONE
CHANGE IN OWNERSHIP:
NEW OWNERSEC BLK LOTS PREV. OWNERS
RALPH & LINDA LaFOUR153ROBERT POLETINE
ALEX & HANNAH WOLNIEWITZ3105,42,43GARY & CLAUDIA SAMFORD
STANLEY VUDNIK3861CHRISTROPHER WEBB
KEN & KATHLEEN MARTIN41510,11BOBBY & SHARON PROPES
TOY KURTZ526,7ROBERT & PATRICIA THORN
DEBORAH CARLSON564,5JERRY MANNING
HOWARD ELROD II5141,42DARRELL ADAMS
KENNETH & REBECCA DREW566,7JOSEPH SMITH
VICKIE LEE BAUR587,8,9,10JAMES & MARY WINKLE
TOM & DEBBIE HARTGRAVES5650JAMES MATECK
THE BOARD WENT INTO EXECUTIVE SESSION AT 8:18 TO DISCUSS THE ANNUAL MEETING AND DEED RESTRICTIONS. THE BOARD RECONVENED AT 8:45. DEED RESTRICTION VIOLATIONS AND ADDING PROPERTY IN SECTIONS V AND VI, TO THE COUNTY RECORDS, THE OWNERS OF WHICH HAVE SIGNED THE DEED RESTRICTIONS SINCE THE ORIGINAL AGREEMENTS WERE REGISTER WERE DISCUSSED. NO MOTIONS WERE MADE.
THERE BEING NO FURTHER BUSINESS TO COME BEFORE THE BOARD, A MOTION BY KORY HOLMES FOR THE MEETING TO BE ADJOURNED WAS SECONDED BY DON SHOCKEY AND PASSED. ADJOURNMENT WAS AT 8:47 A.M.
THESE MINUTES WERE APPROVED BY THE BOARD OF DIRECTORS IN THE REGULAR MONTHLY BOARD MEETING OF THE ______DAY OF ______, 2016
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PRESIDENT
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SECRETARY
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