Lakeview Estates Property Owners Association
Monday, January 8, 2018
Board Members: Dick Dayton, Rick Southworth, Kathy Menk and Merlene DuBose
Residents Present: Pat Sullivan, Shelby Kettle, Dan Gormley, Phil Ausloos, Bill McLeod, Sylvia Womack, Judy Dayton, Fred Blake, Ba Porterfield and Harold Crosby
Invocation by Dick Dayton started the meeting at 9:00 a.m.
BCSS Update presented by Dan Gormley, Chairman for Glenlakes Sewer Committee:
At the November 30 hearing with Judge Norton the attorney for BCSS contested legal issues for the two lawsuits from GlenLakes:
1. The POAs and Class Action lawsuits are made by the same parties, which is unlawful.
2. The POAs do not have “standing” (they are not property owners with sewer service) therefore, they are not the “real party of interest”.
3. Consolidating these lawsuits after 3 years could be considered unlawful action.
4. The POAs do not have a legal right to enforce the terms of the ’91 Sewer Agreement for any or all Glenlakes property owners.
5. It could be unlawful to substitute the 600 property owners for the POAs on the original lawsuit.
6. The Supreme Court of Alabama has never made rulings on many of these issues.
Their attorney was very concerned that consolidation of the lawsuits would create a very time consuming situation for “Discovery” because all 600 plus property owners would need to be deposed in order to prove their ownership and damages. Our attorney asked the Judge to consolidate the lawsuits in order to eliminate the issues of “standing” and “real party of interest”. These issues were discussed for an hour or so and the Judge finally came to a decision. The two lawsuits would be consolidated and both cases would go forward and be tried together. In the meantime, the parties will be ordered back to Mediation with a former Supreme Court Justice as mediator in an effort to hopefully resolve the lawsuit.
If the complaints by the Glenlakes parties can be resolved through Mediation then the lawsuits would be dismissed. If the Mediation is unsuccessful then the lawsuits will both go forward with the next step being a status conference in order to comply with statutory requirements of a class action. The Court has denied the BCSS Motion for Summary Judgement.
The Court order for consolidation of the two Glenlakes lawsuits has been issued. A trial date will be set for some time in March 2018. As of January 4, 2018 the POAs have deposited their fair shares of the $5000 to the Trust Account for the attorney. The Golf Club has not made the $250 fair share deposit to the Trust. I have informed David Vosloh of the Golf Club’s failure to contribute to the Trust.
The POA Board had met with representatives of the ARC Board prior to the Board Meeting. Several unexpected changes had been made to the ARC Board (resignation of Jerry DuBose due to health reasons and resignation of Dale Sharp). With these resignations and the inconsistency of ARC policy implementation, the ARC appears to be in disarray and without definitive procedures to assure requirements of the covenants are met. Names of several residents were submitted who may be willing to serve on the ARC Board. Responsibilities of ARC members are great and affect the entire community and therefore, dedicated volunteers are needed to fill positions on the ARC. Frank Rickard, a past member of the ARC, has indicated he will be available for at least part time participation on the board. Written procedures for the ARC will be developed and provided to all members of the ARC assuring their understanding of their responsibilities. The POA Board approved implementing the prior procedure which is having only 1 meeting per month of the ARC. That meeting will be held immediately before the regular POA board meeting and cover all requests submitted for the prior month. Additionally, all requests to be handled will have to be submitted no later than the Friday before the regular meeting on the second Monday of each month.
REMEMBER: If you make a change to your home without approval and it is not acceptable to the ARC Committee, you will be asked to make approved changes. This includes tinting or painting driveways, roofing, concreting and other projects.
Please get approval from the ARC Committee before you make any changes to your property, even if it is just a replacement of a current item.
Drive By Update
Some discussion regarding the enforcement requirements of the Covenants and the respective associated timeline. Per Article 10, Misc. 10.01:
1. The Association will have the authority to levy a fine not to exceed $10.00 per day for each violation
2. Oral notification of the violation will be given by the association to the violating property owner who will have 72 hours to notify the board of the association or its representative of their intent to rectify the violation
3. If the matter is not resolved within 72 hours of oral notification, the association will notify the violating owner in writing and they will have 7 days from receipt of the notification to take corrective action
4. If corrective action is not taken, the $10.00 per day fine will become effective immediately
Harold Crosby stated the newly ordered fish are scheduled to be delivered by Wednesday. $800 left in current budget for use prior to May when new budget will go into effect.
Beautification Committee Update
Update presented by Sylvia Womack and Fred Blake. $298.81 was spent on Christmas decorations and general maintenance supplies at County Road 20 and Fairway Drive. That area will be extended during the spring to include more flower beds with stone borders. Approximate cost of $800.
Welcoming Committee Report – No report
Meals on Wheels Update – Judy Dayton
First day of implementation in Glenlakes - 6 clients and 19 volunteers – cost of meal is $2.50, prepared by the hospital, there are no income requirements, just that a person needs help with meal preparation
Old Record Storage
Storage shed has been cleaned out and is available for storing old POA records.
1. Elliott Homes was to be the developer for Carnoustie East and Lake View Gardens. Project has fallen through due to lack of funding by the developer unless he can find another developer who will handle the infrastructure. Future action may be required by Glenlakes POAs regarding the size of the lots previously approved for Elliott.
2. There were some theft issues within the development during the Christmas holidays. Consideration will be given to setting up some type of security camera system for the development. Mike Willis, resident of Carnoustie Place, will be asked for his feedback on the feasibility of such a project.
3. The Annual Meeting is scheduled for May 7, 2018. Much concern regarding filling the upcoming vacancies on the board – at least 2 positions. In the past there has been a shortage of volunteers and residents are requested to consider running for the board. Without volunteers the only option for the POA is to contract out the work which will cost approximately $21,000 per year meaning an increase in the annual dues.
4. Speaker for the Annual Meeting was discussed and Womack suggested Kay Ivey, Governor of Alabama. Womack will inquire as to her availability.
November meeting minutes were approved as written.
Treasurer’s Report - The November and December 2017 Financial Reports were approved and a copy is attached.
Liens – The only current lien in effect is lot #B184, amount of $430.00.
POA Budget Meeting scheduled for March 5 at 9:00 a.m. at the Clubhouse.
Meeting Adjourned – 10:30 a.m.
Next Board Meeting Scheduled for February 12, 2018 @ 9:00 A.M.