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The meeting was called to order by the President Kaney at 10:00 a.m. All directors attended. Staff members Brown, Gwozdo and Wyatt were also present.
Upon motion properly made by Colvett and seconded by Daniels, the May, 2012 Minutes were approved as submitted.
Upon motion properly made by Colvett, seconded by Pieper, the board unanimously approved “Moved that the minutes reflect that the Board has reviewed and accepted the Independent Accountants’ Review Report dated March 13, 2012 by Johnson Price Sprinkle P.A., certified public accountants in Asheville, N.C., who have reviewed the balance sheets of the Wolf Laurel Road Maintenance and Security Homeowners’ Association and the related statements of revenues, expenses and changes in members’ equity and cash flows for the years ended December 31, 2011 and 2010. This review included applying analytical procedures to management’s financial data and making inquiries of Association management. JPS notes that in accordance with accounting principles generally accepted in the United States of America, Management is responsible for the preparation and fair presentation of the financial statements and for designing, implementing, and maintaining internal control relevant to the preparation and fair presentation of the financial statements. JPS states that based on their reviews, the accompanying financial statements of the Association are in conformity with accounting principles generally accepted in the United States of America and the financial statements require no material modifications.”
Copies of the 5/31/12 financial statements are attached. Wyatt reported:
- We have continued to receive better payments for Home assessments than Lot assessments. Expenses for Security were as expected.
- Several questions from the members were asked and answered.
Long Range Planning
Items that came out of the Workshop will be brought up timely and acted upon then.
Since the last report, the Association has obtained additional default judgments against lots and their owners. The Association is presently judgment creditor in the total amount of $27,621.74 plus interest involving 8 lots. Once the Board decides how it desires to proceed with regard to each lot, the next step may be to have the Madison and Yancey County Sheriffs advertise and sell the lots, apply the proceeds against the judgments and then seek to collect any deficiencies against the lot owners.
There is one suit involving 2 lots wherein $6,028 is owed in which the defendants are avoiding service of process. We will take the necessary steps to obtain service in Florida.
In other actions involving 2 lots and their owners, we hope to finalize a settlement agreement in the amount of $17,106.59 to be paid monthly with the last payment being in September, 2012.
In July, payments on the Clotfelter consent judgment will begin.
Since Clotfelter, no property owner whom we have sued to collect delinquent assessments has chosen to contest the Association’s position.
Eller and Pieper met with a local realtor Jane Wallin at her request to discuss several situations possibly impacting sales of various lots she is working on, including consolidation of lots, possible waiver of penalties and interest involving delinquent assessment payments, and what to do with a non-perk lot. We advised her that the Board was in the process of making some general policy decisions that might affect her concerns and that she should submit her requests/proposals to the Board in written form for consideration and response. We took this occasion to elicit her suggestions on how the Association might dispose of lots that it may own by reason of judgments and will share those suggestions with the Board committee dealing with those issues.
His committee had begun work on developing information for lots we may receive.
There followed a long and involved discussion about how and when we might receive lots, how we determined they perked or didn’t perk, who would determine any taxes due and the cost, how and when we might determine we would bid or not bid on any lots we caused to be sold by the Sheriff, etc. There was considerable discussion by the board with no motion made. Further follow up will occur; this information would be used by Eller’s committee to develop a matrix of info to be used to determine future board actions regarding each lot. Eller was asked to report back in July.
Last month Beneke reported the Madison County Tax Assessor wanted R&S to have a By-law that determined what property was held for use by all the lot owners and any that was not held for all. Later Anselmo determined that all the property given to R&S Bald Mountain had by deed a restriction that it was Green Space, could not be developed and therefore was available for use by all. Thus no By-Law change was necessary at this time; the Assessor agreed and will issue the proper documentation to exempt the property from taxes. Yancey County is still working on the exemption.
There followed a discussion about the various designations for parcels given R&S by Bald Mountain Development. It was the consensus that the BMD and R&S intent had been for all the property to be received was to be held as property for use by all. While there was considerable discussion by the board with no motion was made. Further follow up will occur.
Anselmo also reported he was in discussion with our attorney regarding combining lots and she would get back to us with her recommendation.
Johnson reported he had procured and set up software to allow us to broadcast email info to all lot and home owners for whom we have email addresses, about 860 addressees. On proper motion by Colvett, seconded by Johnson, the board approved “Anything that is disseminated in this manner is to be approved by the Chair of Public Relations”. He is sending out a test email soon.
- He was having problems with the grader which has new tires but then broke the yoke with a repair cost of $1860. Another piece of equipment lost 5 hydraulic lines and has been repaired.
- Application of the Crack Sealer for sealing the splits in the asphalt is proceeding.
Gwozdo reported that repairs to the Gate House have begun.
Colvett reported progress was being made on the McDaris Loop problem.
- A meeting with Garman was held to answer what questions of his could be answered.
- Progress was being made on dealing with the Motel.
Visitor Comments and Questions
Ann Dobbins eloquently expressed concern for the loss of wildflowers on the roadsides. Her position was supported by Mr. and Mrs. McClain and Hanson, President of the WL Garden Club. The board reiterated its position on the subject but invited them to present a detailed program of what they wished.
Kaney announced the next meeting would be July 12th. The meeting was adjourned.
Frank H Colvett, Sr,