September 22, 2021 HOA Board Meeting Minutes

Heathlake HOA Board Meeting Minutes

Wednesday, September 22 at 6 pm on the Clubhouse Picnic Grounds

Before the Board of Directors (BOD) Meeting, the board met in executive session to hear and decide on an appeal of a decision by the Architectural Control Committee regarding a request for a pergola by Heathlake Homeowner (HO) (account number 2980).

  1. At 6 pm, before the BOD meeting was called to order, the board acknowledged Heathlake volunteers:
    • Clubhouse management, door repairs, safety upgrades, past super-neighborhood secretary — Kathy Clark
    • Door Repairs, TV donation, Electronics research – Matt Clark
    • Electricity in the Clubhouse, TV Installation, Switch and Light Bulb Replacements, Fence Repairs and Replacement, Swimming Pool Maintenance – Fred Maxwell
    • Alternative Garbage providers — Juan Castelblanco
    • Welcome Committee development (looking for a baker), and men’s club host – Jamie Ewton
    • Key Cards – Chelsea Ewton
    • Formatting email master lists—Piero Puccini
    • Survey development & polling — Eric Heflin & Mary Hermann
    • Landscaping Maintenance, Capital Project Research, Lashbrook pathway improvement—Carlton Jones
    • $10,000 in charges recouped from Davey – Becky Ayers, John Trahan, and Carlton Jones
    • Replaced a swing and tightened bolts on the playground – Sarah Read
    • Website Design & Newsletter – Eric Heflin and Sara Mammadova
    • ACC—Fred Graves, James Healy, Tarit Chaudhuri, Eric Nagel
    • Deed Restriction committee specifically concerning short term rentals—Kathy Clark, the ACC, Bryant Banes, Jackie Jones, Bruce Nelson, Nyal Witham, Alex Brown
    • Events—Ladies Club, (Carolyn Castelblanco); Men’s group (Eric Heflin), Book Club (Laura Leib), block captains for the block parties—Patty Campo, Marilyn Beal, Kathy Clark, Eric Nagel, Peggi Stewart, Jason Brown, Will and Sara Carlisle, Juan and Carolyn Castelblanco, Eric Heflin, Ernesto Macias
    • Seasonal adjustment of irrigation system; coordination of irrigation system repairs—Mike Deming
    • Installation of more modern and efficient irrigation system at clubhouse—Mike Deming and Carlton Jones
    • Impetus for after-storm cleanup, preparation for landscaping RFP—Carlton Jones
  1. Sara Mammadova motioned to begin the meeting, Per Voie seconded. The meeting was called to order by Stephen Read at 6:17 pm with roughly 48 homeowners (HOs) attending as well as:

Stephen Read, president                 president@heathlake.org
Sara Mammadova, vice president vicepresident@heathlake.org
Per Voie, treasurer                            treasurer@heathlake.org
Mary Puccini, secretary                    secretary@heathlake.org
John Trahan, director                       director@heathlake.org

  1. Sara Mammadova motioned to bring the agenda in front of the board, Per Voie seconded. Motion approved.
  1. The HOA Board general business.
    • Board approvals using SLACK voting tool
      • The board approves contracting with Verizon for their 25 Mbps wireless plan with a limit of 50 Gb of data. Verizon will wave the activation fee and give Heathlake the first month free. In addition, the HOA will have to buy a router from Verizon for $299. The contract may be canceled at any time. 9/14/21
      • The board approves the HOA covering the food truck $500 minimum if it is not covered by the residents’ food purchases. 9/14/21
      • The board approves trimming and removing dead vines and laying crushed graine at the end of Lashbrook. The estimated cost is $1,528. 9/7/21
      • The board approves adding the largest recycling container with lid for the cost of $1.60 or $1.00 additional per month, if choosing to extend Texas Disposals Recycling contract. 9/7/21
      • The board approves the draft document of “Second Amendment to Declaration of Covenant, Conditions and Restrictions for Heathwood, section (1) to prepare for information sessions with residents. 9/2/21
      • The board approves the $2,950 irrigation system repair at the clubhouse and at Briar Forest. 8/31/21
      • The board approves disbanding the peafowl volunteer committee who were working on understanding the issues, community temperature and creating solutions/surveys related to peafowl. The survey showed community support and the board believes the peafowl are not an HOA issue. The board supports the peafowl alongside the majority of the community. 8/28/21
      • The board agrees to the removal of 3 and a half dead trees at the estimated cost of $1,900 as part of our landscape maintenance. 8/10/21
      • The board approves of canceling bed enhancement payments no yet paid to Davey in exchange for landscape services Davey did not perform. 7/31/21
      • The board approves the minutes from the July 14 meeting. 7/18/21
      • The board approves bringing the handrails to code at the clubhouse. Estimated cost is $4385. 7/14/21
    • Sara Mammadova motioned to approve the SLACK approvals. John Trahan seconded. Motion approved.
    • The announcement on the decision made on the appeal concerning a pergola made in executive session on account number 2980 was delayed 24 hours in order to inform the ACC first. (The board has no objections to the appeal.)
    • Per Voie reported on financial accounts. All HOs have paid their 2021 fees except two. Both have been sent to our lawyer for collection.
    • Year to date expenses are on budget except for $13,000 unexpected expenses for ground maintenance following the winter freeze.  There is a miscellaneous income increase of $3,000 to $4,000 from late fees recovered. This year the HOA will run a deficit of $7,000 to $8,000 instead of an increase in reserves of $26,000. This is a result of additional expenses being incurred the last quarter of 2021 referred to above, not anticipated in the budget.  In order to build the reserves up by $20,000 to accomplish capital improvements and cover inflation, (currently 5.3%), the HOA needs to increase the HOA annual fee. The board has decided to increase the fees by 10% to a total of $770 per household.  Stephen motioned to increase HOA fees by 10%, John seconded, the motion passed.
    • John Trahan spoke about landscaping in the common areas—clubhouse, esplanades and monuments. The board canceled the bed enhancements payments to Davey in lieu of landscape services. Our contract with Davey expires December 31, 2021. We are preparing a request for proposal (RFP) to consider other landscape companies. The monuments at the neighborhood entrances will be cleaned. We are investigating ways to beautify the commons at a minimum cost. We will work on interviewing landscape architects to propose a master plan for Heathlake. The cost of getting water to all cul de sac islands is high, but not ruled out. Irrigation Design is installing an internet-based irrigation system, Rachio, at the clubhouse that will reduce the water bill.
    • The clubhouse now has WIFI provided by and the replacement glass on the front door should be installed shortly.
    • Sara motioned to amend the agenda to allow Sgt. Knatte to give a security update. Stephen seconded. Motion approved.
      • Security update: Sgt Knatte reported year to date:
        • Break-ins of houses/burglaries—0
        • Burglaries of motor vehicles—2
        • Criminal mischief—2
        • Thefts —2
        • Arrests—1
      • There are several programs available from the constable’s office: Civil Watch, Vacation Watch, Rape Aggression Defense, Active Shooter Response. The sergeant answered HO questions for 10 minutes. The patrol schedule for Heathlake has not been changed. Sara is the security/constable HOA liaison and will handle any follow-up from him. Sgt. Knatte’s business card information will be added to Heathlake.org 
    • New welcome committee—Jamie Ewton will be facilitating the welcome committee and is looking for a baker to bake cookies to be given to new neighbors.
    • Website launch and email updates—the new website www.heathlake.org is up and running. The upgraded site includes an event calendar, blog posts, emails, clubhouse and multi-sport booking system and much more.
    • Mary Puccini reported on events. The Ladies Group, Men’s Group, and Block parties are all continuing on their regular schedule. Check the website calendar and newsletters and Friday eblasts for updates. Patty Camp and James Healy are working on bringing food trucks to the clubhouse parking lot. The Toys for Tots toy collection is cancelled for November/December ’21. Evelyn Nordin is coordinating a family fun day at the clubhouse on November 6. More information will follow. 
    • Mary Puccini directed HOs’ attention to the handout on updates to the Texas Property Code 2021 (See Addendum below)
    • Deed restriction committee regarding Airbnb’s/ Short term rentals:
      • Kathy Clark presented that the Heathlake Ad Hoc Deed Restriction Committee was tasked with updating the “Prohibition of Trade and Offensive Activities” deed restriction for all 3 Heathlake neighborhoods in April 2021. 
      • The Heathlake Board voted to approve the Committee’s proposed amendment on 9/2/2021.  The Deed Restriction Committee provided an update on the status of their work and requested Board authorization to take the necessary steps to bring this proposed amendment to Homeowners for a vote. This includes communication with Homeowners, development of the electronic voting mechanism and administration of the voting process-all in accordance with the Heathlake Bylaws, the Texas Property Code and the Deed Restrictions of all 3 Heathlake neighborhoods and with oversight by the Board.
    • Sara makes motion to approve deed restriction committee request, seconded by Per. Motion approved.
  1. Stephen makes motion to move to the Open Forum. Sara seconds motion. Motion approved.
    • Open forum for homeowner issues moderated by the board. In order to speak, HOs needed to contact the secretary at: secretary@heathlake.org no later than Sept 20th.  One speaker per household had 3 uninterrupted minutes to address the board and residents. The following HOs addressed the board:
    • Don Brennan, board governance
    • Robert Tartell, MD, expenses approved by board
    • Tim Lyng: problems with illegal aliens
    • Jim Peck: agreed with the issues stated by Don Brennan
    • Bryant Banes: board governance
    • Bruce Nelson: board governance
    • Kevin Konopko: board governance
  2. Meeting adjourns at 7:26 pm.

Addendum

Texas Property Code

The following is information from Graham Management (GM) about the main Legislative changes from 2021 and earlier that will affect Heathlake.  These are mostly from Senate Bills 581 and 1588 but there are a few changes in the other bills as well.  GM can provide additional information at our request.

Section 209.004 – Management Certificates – In addition to recording the management certificate in the real property records, associations must place a copy of it on the website that contains the association’s dedicatory instruments and must file the management certificate with the Texas Real Estate Commission (“TREC”).  Further, the management certificate must now include the telephone number and email address of the person or entity managing the association; all declaration amendments; website information; and the amount and description of any fees charged related to a transfer of title. Finally, SB 1588 provides that POAs may not collect attorney’s fees or interest on delinquent assessments during any period of time that it has failed to record the management certificate with the real property records or file it with TREC. TREC is required to establish and make available a system for the electronic filing of management certificates. New management certificates must be filed by September 1, 2021.  They must be filed with TREC by June 1, 2022.

Section 207.006 – Online Subdivision Information – Associations composed of at least 60 lots or those managed by a Management Company to make the current version of the Association’s dedicatory instruments available to members on an internet website maintained by the Association or its Management Company.

Section 209.00505 – Architectural Review Authority – limits the eligibility of membership on the architectural review committee, prohibiting current board members, relatives of current board members, or anyone residing with a current board member from serving on the architectural review authority. POAs also must notify owners they have a right to appeal to the board any denial of an application for improvement by the architectural review authority, even if the board was the original reviewing authority (note: the ARC members can be board members only during the development period). The notice must: 1) describe the basis of the denial and necessary changes to the application or improvements required for approval; and 2) inform the owner that the owner may request a hearing within 30 days of the date the notice was mailed. If the association receives a request for a hearing, it must schedule a hearing within 30 days of receipt of the request, providing the owner notice of the time, date, and place of the meeting at least 10 days before the hearing.  The purpose of the hearing is to discuss the matter, verify facts, and resolve the denial of the owners’ application and necessary changes requested by the architectural review authority. Finally, audio recordings are permitted by either party at the hearing.

SB 581 – Religious Displays – removes the ability to restrict the location of religious items to the entry door or door frame and removes the size limitation. Thus, under the new law, residents are authorized to display religious items of any size on their property so long as such items are motivated by the resident’s “sincere religious belief”. Associations may prohibit a display that threatens the public health or safety, violates a law, contains language, graphics, or any display that is patently offensive for reasons other than its religious content, is installed on association property, violates any applicable building line, right-of-way, setback, or easement, or is attached to a traffic control device, streetlamp, fire hydrant, or utility sign, pole, or fixture. The former Section 202.018 concerning religious displays is repealed and this law is effective immediately.

HB 3571 – Security Provisions – HB 3571 was subsumed by SB 1588 adding Section 202.023, prohibiting Associations from preventing owners from building or installing “security measures” including but not limited to a security camera, motion detector, or perimeter fencing, that could encompass the front yard. This bill was advanced based on claims that certain property owners’ associations were prohibiting owners from installing certain security devices.

Section 209.0051(e) – Notice of Board Meetings – amended to enlarge the requisite notice period for board meetings from 72 hours’ notice to 144 hours. This means the notice must be posted and published at least 6 days before a regular board meeting. The notice period for special board meetings remains at 72 hours.  Also, associations may only approve annual budgets or the amendment of an annual budget in an open and noticed board meeting. (Formerly, associations were only required to consider an amendment to the annual budget in an open board meeting if the amendment increased the budget by more than ten percent.) This amends Section 09.0051(e), Property Code.

Section 209.0052 – Bid Process for Items over $50,000 – amended to require Associations to utilize a bid process “established by the association” for any contract for services that will cost more than $50,000.00. This section applies only to services proposed by an association on or after the effective date of the Act.

Section 209.0064(b)(3) – Time to Cure Delinquency – amended and requires the delinquency notice sent to owners before they can be held liable for collection fees to allow for a 45-day cure period as opposed to the former 30-day cure period.

Section 209.007 – 209 Hearings – is revised to now require that POAs provide owners an “evidence package” ten days before the 209 hearing. The evidence package must contain all documents, photographs, and communications relating to the matter that the association intends to introduce at the hearing. If the association fails to provide the evidence package, the owner receives a 15-day postponement of the hearing. Also, at the hearing, the association’s designated representative must first present the association’s case to the owner. After the association’s presentation, the owner or owner’s representative is given the opportunity to present the owner’s case.  Associations should consult with their legal counsel on the “evidence package” and strategy of presentation at the 209 hearing.

Changes to the Texas Property Code in 2019 that affect HOAs: People that live together cannot serve on the board at the same time and children are allowed to have lemonade stands.

Here is a good reference about the Texas Property Code; https://codes.findlaw.com/tx/property-code/prop-sect-209-0051.html

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