NOTICE OF A SPECIAL MEETING
OF THE SCRIBNER HOLLOW HOMEOWNERS ASSOCIATION INC.
The Board of Directors has called a special meeting pursuant to Section 3.03 of the Scribner Hollow Homeowner’s Association Inc. by-laws.
DATE:July 10, 2005 (Sunday)
TIME: 10am
PLACE:Unit A5 (Mat Tully’s unit)
SOLE PURPOSE OF THE MEETING: To ratify the Board of Directors decision to award the Association’s management contract to DRMV Inc. pursuant to Section 4.14 of the by-laws. This contract will be effective from October 1, 2005 to September 30, 2008.
BY WHOM CALLED: The SHHA Board of Directors
PROXIES: Are authorized pursuant to Section 3.06 of the association’s by-laws for this special meeting.
For the Board,
Mathew B Tully
Secretary
The proposed management agreement:
1)Will increase the management fees by $15 per unit per month. This is actually a restructuring of fees because we currently pay $15 per month out of our capital accounts for things not currently covered in the management agreement but that will be covered in the new agreement. Some examples are:
- The sanding of the road, parking lot, and walkways in the winter ($1200 per year)
- An additional 80 tons of gravel in the spring for the road to fix pot holes ($1600 per year)
- An additional $150 per month in rent payments on behalf of the manager ($1800 per year)
2) Will allow for arbitration of disputes in GreeneCounty
3) Will require liability insurance of no less then $500,000.00
4) Will delete the cleaning services provision from the prior contract
5) Will delete the indemnification requirement associated with disputes with our developer.
6) Will increase rent payments to a homeowner to house the manager from $650 per month to $950 per month (Manager will pay $150 per month and homeowners will pay $800 per month)
Scribner Hollow Homeowner’s Association Inc.
Post Office Box 771
Hunter, NY 12442
PROXY BALLOT
I hereby authorize ______to act as my proxy and vote on all matters pertaining to my property and interests at the special meeting called by the association’s Board of Directors on July 10, 2005.
Signature: ______
Print Name: ______
Date: ______
Unit: ______
MANAGEMENT AGREEMENT BETWEEN
SCRIBNER HOLLOW HOMEOWNER'S ASSN., INC.
AND
DRMV Inc.
Scribner Hollow Homeowner's Association, Inc. of Hunter, New York (Hereinafter SHHA) and DRMV Inc. of Hunter, New York (hereinafter DRMV), on this 30th day of June 2005, do hereby covenant and agree as follows:
In consideration of the payment of the fees hereinafter specified, by the owners of Scribner Hollow Town Houses and/or members of SHHA, and pursuant to a Declaration of Covenants, Restrictions and Agreement filed in the Office of the Greene County Clerk October 30, 1995, DRMV does hereby agree to manage the Common Areas and common services of said Scribner Hollow Town House project for the term and on the conditions specified herein.
Said manager shall provide the following services:
1. Management of units, including patrolling grounds, license plate and occupancy checks, mail service, public relations (e.g.. information on rentals, sales, etc.) showing units and giving keys upon owner's request, liaison between owner and repairmen, contractors and cleaning people, handling problems and complaints, checking of units, and, all the requirements of this paragraph are subject to such reasonable conditions as DRMV may impose;
2. Rubbish collection provided, however, that a reasonable surcharge may be
imposed upon individual units to cover the cost of compliance with local or state mandatory recycling laws if unit owners or their tenants do not dispose of or prepare their rubbish in a manner complying with such local or state laws, such surcharge to be added to that unit's monthly statement and payable therewith subject to the consent of the SHHA; owner occupied units which source separate will not receive any surcharge. DRMV is not responsible for the disposal of commercial, construction, or any other rubbish that requires an additional fee to dispose of at the Greene County Solid Waste Site. However, at the discretion of DRMV it may dispose of that type of rubbish for an additional fee. Additionally, a surcharge of $50 may be imposed upon individual units with the consent of the SHHA when such owner fails to properly bag and dispose of such rubbish;
3. Snow removal from common areas and sanding of townhouse roads, parking lots, and walkways;
4. Maintenance of common areas including: lawn care and seeding when needed, general pick-up and litter removal, maintenance of stairs to "A" and "E" buildings, upkeep pool pump house, repair or replacement of damaged fence posts (within 90 days of the commencement of this agreement, DRMV will provide a written assessment of the common ground fence post conditions and will not be subject to replacing reasonable old and/or rotted fencing and/or posts included in that assessment), care of walkways, York rake and gravel of Townhouse Road and parking areas to include using 100 tons of item #4 gravel every year to fix pot holes and other damage (In the event additional gravel is needed DRMV will provide that gravel at a cost of $20 per ton. Requests for additional tonnage must be approved 30 days in advance by the SHHA).
5. Maintenance and upkeep of Townhouse pool area, including summer set- up and winterizing, purchase of all necessary chemicals, conducting any required chemical testing, all cleaning, skimming, vacuuming and repairs of pool liner, as necessary. This does not include salary for lifeguard. Should a lifeguard be necessary, any costs associated with his/her employment shall be at the expense of SHHA, unless the parties to this agreement agree otherwise in writing. Furthermore, it is agreed between the parties that DRMV is providing these pool related services solely as an accommodation to SHHA. SHHA agrees to indemnify DRMV, its officers, agents, and employees in any action brought against any or all of them to recover damages arising out of any injury related to the existence, operation, or maintenance, of said townhouse pool. The pool shall be open for the season on the Friday of Memorial Day weekend and closed on the Monday of Labor day weekend unless DRMV and SHHA agree otherwise.
6. DRMV agrees to perform for no charge minor home repairs to the association member’s property at a rate of not more then 1 hour every month. This time shall not be cumulative thus if not used it does not rollover to the next month. DRMV may refuse to perform any repair which it deems to be dangerous or outside its abilities. These repairs are to be simple in nature (IE fix a leaky faucet) and the homeowner shall be responsible for all parts. Complex and time-consuming repairs are to billed at the rate of $15 per hour after the first hour (which is free). Changes to this paragraph as well as the issuance of a written policy on how to implement this paragraph may be made at a later date by DRMV with the written consent of the SHHA Board of Directors.
7. DRMV will also provide home improvement services (i.e. painting, installing carpeting, and tile work) to homeowners at a rate of $15 per hour. DRMV may refuse to perform any improvement which it deems to be dangerous or outside its abilities.
8. DRMV will maintain liability insurance coverage from a reputable and licensed insurance company of no less then $500,000 (five hundred thousand dollars) for the acts and/or omissions of its employees, officers, directors, and agents pertaining to the fulfillment of the terms of this contract.
DRMV agrees to sign a three-year lease with an Association member. The monthly rent shall be $950 a month beginning on October 1. This lease shall terminate upon the termination of this management contract.
The monthly charge for such services shall be three thousand, three hundred, and ten dollars ($3310.00) per month. This charge shall be assessed at a rate of $110 per duplex unit (16 duplex units in the complex) and $155 per triplex unit (10 triplex units in the complex). Two thousand three hundred and sixty dollars ($2360.00) per month shall be sent to DRMV on the first of every month starting on October 1, 2005 unless agreed upon differently in writing by both parties. Nine hundred and fifty dollars ($950) shall be sent directly to the homeowner who leased his townhouse to DRMV on the first of every month starting on October 1, 2005.
This agreement is effective as of October 1, 2005, and shall be in effect for a period of 3 years, expiring on September 30, 2008. This agreement may be freely assigned by DRMV provided, however, that the assignee shall be subject to the prior approval of SHHA, which approval shall not be unreasonably withheld.
This agreement may be terminated by a majority vote of the association’s members upon the finding of cause. Should DRMV dispute the finding of cause, the parties agree to binding arbitration by an arbitrator picked by the American Arbitration Association this arbitrator shall follow AAA rules. The cost for arbitration shall be split equally among the parties. The arbitration shall take place in GreeneCounty. During the arbitration process and until a final decision has been rendered by the arbitrator the parties are entitled to all the rights and responsibilities of this agreement. Upon termination of the agreement, DRMV its principals, agents, and employees agree to vacate the townhouse complex within 30 days.
This agreement shall be recorded in the Office of Greene County Clerk with the original declaration or as is appropriate, and shall be binding, valid and enforceable during its term and renewal therefore upon all current and further Scribner Hollow Townhouse unit owners or their successors in interest.
Scribner Hollow Homeowners Assn. Inc.
BY: ______
DRMV Inc.
BY: ______