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The meeting was called to order by President Kaney at 2:00 P.M.
Directors in attendance was Daniels. Pieper, Anselmo, Eller, Johnson, Colvett and Kaney attended via phone.
Staff in attendance: Brown, Gwozdo and Wyatt.
Upon motion made by Pieper and seconded by Eller, the minutes of November 15, 2012 were approved as submitted.
L. Wyatt gave the financial report for December and responded to questions.
Long Range Planning:
Kaney stated that the purchase of BMDC holdings is the initial step for future planning.
- On December 28, 2012 Wolf Laurel Road Maintenance & Security Homeowners Association, Inc. and its controlled Limited Liability Corporations purchased all the properties, rights and powers of Bald Mountain Development Corporation in the Wolf Laurel Resort.
- Still no response from the Jones Dormitory demanding payment in the amount of $17,210. The Board previously authorized commencement of a collection action in the matter.
- In the suit brought by Anthony and Monica Martin against the Association involving the container improperly left on the right of way, the general liability underwriter appointed counsel is defending the Association and has filed an answer for the Association. The Association’s counterclaim against the Martins has been answered.
- With regards to collection litigation, we continue to file suits, process claims, obtain judgments, and counsel continues efforts to schedule our first sheriff’s sale to collect on a judgment. As soon as the 2013 assessments become delinquent on March 1, 2013 we will file additional suits after giving each delinquent appropriate notice to enable us to recover attorneys’ fees.
We have settled several delinquencies remaining consistent with our general practice not to forgive interest, charges and attorney’s fees except in unusual circumstances. In the Millns collection case, they were served in Tampa and a responsive pleading is due very soon.Yancey County is becoming aggressive in filing tax collection lawsuits against delinquent WL property owners. The Association receives notice as a lien holder for unpaid assessments. The amounts sought are generally less than $1,000 but the tax claims out rank our assessment claims and if the property is sold, it is transferred clear of the liens. However the Association’s claim against the individual owner remains.
- The amendment to the contract with the Ski Slopes was signed by Orville English on November 12, 2012 and recorded in Madison County. A payment of $10,000 was received on November 12, 2012. The outstanding balance and the pre-payment for 2013 totaling $21,193 were to be paid by December 31, 2012 and are delinquent.
- With regard to the cutting of the Association’s trees at the apex of Woodfern and May Apple Lane, we have requested our counsel Larry Leake to assist in the investigation by the authorities.
- The Yancey County Sheriff is prepared to sell the Rodgers lot HT-073. We have judgment in the amount of $2,390.17. The Yancey County taxes are paid to date. Lot is located on May Apple Lane. Brown & Gwozdo directed to locate and evaluate for Eller’s committee. A decision will then be made as to whether the WL R & S Board will bid.
We continue to work with law firm to simplify deed language in regard to combining of lots. The final language should be ready soon for review and approval full Board.
Johnson reported :
The number of accurate e-mail addresses continues to grow. We are now at a total of 603 property owners who receive our updates. In reply to a question Johnson explained that the website and e-mail system complement each other. The e-mail is used for immediate updates and to refer property owners to the information (Covenants, ARB documents, tree cutting and bar code applications, financial, minutes, contact info, etc.) on the R & S website. Together they provide property owners easy access to information and means of communication.
Coverage has been extended to include the building purchased from BMDC.
Ice conditions dominate the winter season and are more difficult and expensive to clear than snow. We are currently over the year’s salt budget of 75 tons. Salt is used only on paved roads. If salt is used on gravel roads it destroys the sub-base and creates holes. Three property owners were found salting gravel roads and have agreed to cover cost of repair. He suggested an e-mail be sent to property owners alerting them of the harm done by salt. The equipment is running well. He proposed that the defunct signage (WL Realty/Preserve) in the gate area be replaced by one road condition signage board. This will also improve safety at the parking area next to the package pick up cabin.
Kaney will work with Brown and Gwozdo and make a presentation to Board.
Security cameras at the Wolf Laurel gate will be in place by end of May. Weather and availability of installer has stalled installation. Additional speed bump will be required on exit lane in order to assure clear photo. In response to question, Gwozdo said there was no news from the Sheriff’s office in regard to the 2 burglaries in December. As weather improves the areas of vulnerability (end of Gardenside, and Cherry Knob) will be addressed by Brown, Gwozdo and neighboring property owners.
A property owner fined for cutting trees without permission requested a hearing which is scheduled for May.
Property owner requested that he be allowed to purchase strip of reserve land adjoining his property on Buckeye Rd for driveway. Property owner has access on Trillium Lane. After much discussion the board denied the request citing the need to keep the main arteries of our road system clear of driveways. The Board will consider the use of the reserve as a setback for proposed construction of homes if property owner should request.
Property owner on Spring Valley wants WL R & S to take her lot for which she has a none-perk certificate. Board members decided to contact adjoining property owner who may be interested in the lot.
As payment from the Ski Slopes has not been received it was decided to send a letter.
Bridge: As settlement negotiations with Mattern & Craig slowed, the Board contacted its attorneys in attempt to bring about a settlement agreement and proceed with the bridge replacement.
Kaney proposed initial make up for the Advisory Group: One member each from: Blue Mountain, Ridges Association, Deer Run Association, WL Country Club and the Preserve at WL. Two members from WL POA. One independent.
The Board will have further discussion via e-mail. The goal is to have the group formed by end of May.
Questions and Comments from the Floor
- Suggestion that the independent on Advisory Board be replaced by a non-voting facilitator.
- Request that the Board address the issue of the Ridges property owners being excluded from joining the WLPOA Amenities program by the purchase agreement between WLPOA and BMDC.
- \While the Board is in agreement that the provision regarding the Ridges property owners should and will be waived they will address this issue along with the other requests made by the WLPOA in May at a face-to-face meeting.
Next meeting will be announced.
J Lewis Daniels,