DAYBREAK
Meeting Agenda
Oct 9, 2014
I.Call Meeting to Order/Establish Quorum (6:38 PM) - Amy Soto, Scott Miller, Suzanne Reeve, Gabrielle Wilkerson, Janine Torres, Jill Berger, Sherry Valentine, Jennifer Hill (attorney)
II. Homeowner Topics for Discussion
A.Lights outside first floor units - change timer to turn off earlier in the evening? Sherry will check with person who takes care of this & see if he can also adjust when it’s Daylight Savings in Nov
B.Discuss reminding residents about trash disposal; Amy will post a reminder to the website
III.Jennifer Hill - Attorney
A.FHA renewal - with amendments
1.Daybreak became FHA approved in 2009; current approval has expired
2.Pros and cons of rental cap/FHA approval (current guideline is 50% rentals)
a)Approval process is expensive and time-consuming; consultant = $900
b)FHA loans are less common than they were several years ago; how many owners/potential owners would this affect? We can’t find out current percentage of FHA-financed loans
c)Current percent of rentals - Sherry knows of 32 units of our total 90
(1)Next step - collect exact information on renters
(2)Cap = 5% over current percentage
d)FHA approval might make investors less likely to buy, if they are unable to rent because of the cap
(1)Investors could be buying less frequently as home prices rise
e)Having a rental cap increases stability of community because more units are owner-occupied; also increases community participation, units are better cared for
f)Rental cap is difficult to pass; need 90% of homeowners (or of voting power/homeowner interest?)
(1)Can grandfather in current renters:
(a)Exclude renters who are related to owners, bank-owned units (rented by association to collect back dues)? Allow hardship extensions? Exclusions may still be counted as rentals by FHA, so rental cap should be set under 50%
(b)Current tenant is grandfathered? Current lease period is grandfathered? Grandfathered until unit sells?
(c)Grandfathered if owner sends in proof of lease?
(2)What hardship exceptions will we accept?
(a)Possibilities: deployment in the military, long-term hospital stay, assisted living, job transfer
(b)Allow specific term of hardship exception - 1 year; could extend on case by case basis, based on board approval
(3)Declaration/rules & regs have notification rules - the board sends mailings based on the best info we have, in accordance to notification rules; if homeowner changes address and does not notify board, HOA is not responsible
3.Add minimum occupancy term? No; this would be in conflict with FHA approval
4.Votes:
a)Rental cap
b)Grandfathering current rentals - if & how
c)Hardship exceptions
d)Table FHA re-certification process for now - passed unanimously
e)Minimum lease term of one year - passed unanimously
f)Strike tenant pre-screening language - passed unanimously
B.Continuing with Risk Amendment
1.Require HOs to have clause in their homeowners’insurance that covers current amount of HOA insurance deductible for damage caused to another unit
2.Pros/cons - seems largely positive to have this amendment instituted
3.Negative consideration - do we open ourselves up to possible lawsuits if the cause of an event is unclear? That would probably be a rare case
4.Vote - Jennifer will draft clause of risk amendment and send
5.Additionally - Jennifer will send draft of previously drafted language with more specific conditions: board has authority to inspect and replace high-risk elements (smoke detectors, dishwashers, toilet wax rings, hot water heaters, etc.)
C.Hot water heater replacement & how to implement entry
1.61 people are in compliance; 23 have not contacted Sherry; 6 are in progress
a)Identify units who have not responded; take letters in person (board members 2x2)
2.Alternative to entry without consent: homeowners sign a form stating they accept financial responsibility for damages relating to failed water heater? What are the chances these HOs would respond to the letter?
D.Changing of Rules and Regs to include move in fees - possibly $200, charged once at move-in
1.Fee, not a refundable deposit; goes to collections if not paid
2.Charged for every tenant, but homeowner is responsible
3.Over the course of a year, the association is down $1500-2000
a)Extra trash pick-up is about $100 per incident
b)Each carport repair is a few hundred dollars
4.Jennifer - WA hasn’t regulated move-in/move-out fees; other states have said fees can be charged if they are reasonable and can be tied to fees the association is incurring
5.Presence of move-in/move-out fee must be stated in declaration
6.If a unit sells, the fee is automatically asked in escrow; if board member sees moving truck in front of a unit, they may call KM and ask for fee to be applied, as well
7.Vote: put move-in fee into declaration; seconded & passed unanimously
E.We can create a ballot & proxies where homeowners can vote on each measure separately
1.Approval/voting process: initial mailing, call town hall with attorney, second meeting for vote
2.If need a few more votes to pass the changes, board may need to knock on doors, answer questions, etc.
IV. Approval of Prior Meeting Minutes - postponed
V. Treasurer's Report - Sherry has provided financials for Sept
A.Jill had to leave; no formal treasurer’s report
VI. Old Business -
A.New mailboxes not in yet
B.No information on curbs
C.Bids on re-sealing & striping parking lot
D.Bids on roof - still waiting on bids?
E.Sherry left meeting early for illness; Scott will check in with her in person
VII. New Business
A.Scott has heard that one unit is being used as an airbnb; running a business in a unit is against the current declaration
B.Bear & cougar walked past window of bldg G several weeks/months ago; Gabrielle seeing deer in area more often
VIII. Location and Time of Next Meeting/Adjournment
A.Possible dates for next meeting: Nov 5 (Wed); or Nov 3 (Mon) or 12 (Wed)
B.Tentative plan: town hall meeting 10 Dec (Wed); or 9 Dec (Tues)
1.Check on library on Front Street, library service center; Amy will check
2.Allow optional voting on declaration issues that night
3.Budget ratification on same night
Adjourned 9:03 PM
NOTE: Any homeowner who wishes to have an item discussed and acted on must
submit a written request to have the item added to the agenda. Written requests
must be received by Kappes Miller Management one week before the meeting each
month in order to be placed on that month's agenda.