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The meeting was called to order by President Kaney at 10:00 A.M. Directors in attendance were: Daniels, Freeman, Colvett, Eller, Johnson and Pieper.
Staff in attendance: Brown, Wyatt, and Gwozdo .
Upon motion made by Pieper and seconded by Colvett the minutes of March, 2014 were approved as submitted.
L. Wyatt reported the financials as of April 30. 2014. Receipt of payment of assessments continues to exceed this time last year. Security expenses running at normal pace. Roads is a little over budget because of additional gravel required due to weather conditions this year and an early start on drainage work. Roads is under budget for salt and sand.
Wyatt explained the number of lots and homes: The original plat maps for Wolf Laurel show 1565 lots. 257 lots have been combined with adjoining home or lot. This year RMS billed 745 unimproved lots and 563 homes.
Long Range Planning Study Commission
M. Kaney reported that RMS will review and update the 2008 road study. Charles Potts, former owner of a large road construction company has agreed to assist with this project.
- Martin Container Suit
Shortly before trial, the insurance company agreed to pay a modest amount to Martin to avoid further defense costs and attorney’s fees. From the settlement amount, the Association will receive payment of the Martin’s past delinquency and the 2014 assessments. Martin will execute recordable acknowledgments that both lots are subject to and controlled by the 2002 Amendments to the Covenants and any future amendments. This will conclude the collection suits filed by the Association against Martin in Yancey County.The cutting of the Association’s trees case remains pending in Yancey County court. The defense seemingly is that Lee Smith as BMDC allegedly gave Martin carte blanche permission to cut the trees on BMDC property beginning in 1998.
- Collection of assessments
Since the Board began its collection efforts in 2012 the Association has collected either in full or in agreed payment schedules in excess of $250,000.There has been a significant reduction in the number of property owners not paying their assessments. The mountain culture is changing.The Board has directed that the focus be broadened to include collections from the category of property owners having deeds with “pro rata share of roads” language.
The Madison County Sheriff has lots that are encumbered with judgments in favor of the Association for judicial sale which will occur this summer.
Yancey County has recently filed at least four tax foreclosure cases against property in Wolf Laurel.
On May 5, 2014, decal access through the Wolf Laurel Resort security gate was suspended for all Wolf Laurel Resort property owners and property owners of The Ridges and Deer Run who have failed to pay the Association’s road maintenance and security assessments.
- Country Club Member Bar Code Access
There has been complaint of inequitable treatment when access bar codes are denied to delinquent Ridges property owners, who are members of the Country Club, while some non-Wolf Laurel residents pay no assessments and still are permitted bar code access because they are members of the Country Club.As a consequence, it was moved and passed that any member of the Country Club shall not be permitted bar code access but rather must access through the security guard unless the Country Club member is paying full assessments to Roads and Security either directly or by reason of payment to their homeowners association which in turn is making timely payments in their behalf to Roads and Security.
- Foreclosure of Jones Motel
The Association was contacted by representatives of the bank or financial institution that now owns the property and we have advised them about the particular circumstances of this property which is not the typical motel along I-26 but rather has significant limitations. The new owners have received the assessment invoices.
- The Legal Opinion re the Board’s Authority to make Covenant Revisions has been received.
- Report on Road Damage due to operations of Country Cablevision
Over the winter, Country Cablevision, acting through its contractors, performed work in the Wolf Laurel community involving heavy vehicles causing extensive damage to the Association’s roads. Necessary repairs performed by our staff included gravel
and grading cost nearly $9,000.Pursuant to the 1992 contract, Country Cablevision has the obligation to repair any damages negligently caused during maintenance of their system. It was moved and passed to refer the matter to counsel to communicate with Country Cablevision to collect this road damage claim.Under this 1992 contract, Country Cablevision pays a ground lease fee of $500 to the Association for the existing microwave site, the sum being a benefit obtained through the Association’s purchase of BMDC assets.
Johnson reported: Becky Mcknight and Ann Dobbins have planned an Appreciation Luncheon for RMS Staff on June 2, 2014. The RMS Open House, sponsored by the law firm of McGuire, Wood and Bissett, is set for June 14, 2014. Bill Jones, Director of the Southeast Land Trust will speak.
W. Johnson repirted that the Covenants committee has had 5 meetings and worked through 3 revisions. A 4th revision will be submitted to the Board in 2 weeks. Johnson requested a joint meeting of the Committee and the Board.
T. Eller reported that some additional equipment has been added to our policies during a review and update of our coverage. Eller mentioned that it is becoming more difficult to obtain liability insurance for associations.
- Roads has used ½ of the 2014 gravel budget due to the severe road damage caused by excessive freezing and thawing last winter. For this reason the Board agreed with Brown’s request to reinstate the gravel program. For every load of gravel purchased by a property owner (cost $360) RMS will deliver and spread a second load of gravel. Each load of gravel (16 tons) covers an area 200’ long by
9’ wide at a depth of 2”. This program does not apply to driveways
- Brown asked the Board to consider purchasing a new plow and spreader. He has currently used all available parts from plow and spreaders discarded in the past. He will provide a proposal and quotes at the next meeting.
- Security is investigating complaints of horses on the roads. They do not appear to be from the Wolf Laurel Stable. Deer Run HOA allows the keeping of horses and at least one other property owners boards horses outside Wolf Laurel but may be riding inside Wolf Laurel. As Wolf Laurel currently has no policy on horses perhaps the Board should consider adopting one.
- Madison County has announced a distemper epidemic among raccoons. One animal was reported in Wolf Laurel. Animal Control will not respond as the animal is not a threat to humans.
- Gwozdo spoke with Bob Dapper of the Preserve regarding an improved phone line from the Preserve Gate to Wolf Laurel gate. A quote was sent to him last fall but was lost. He seemed acceptable to the proposal at the recent meeting but will need approval from preserve owner.
- Fred Tygart is now fully on board with the ARB. He is also a member of the covenants committee. The latest revision of the covenants will reflect recommendations from the ARB.
- 2 It has been realized that the WLCC property and the POA Village property is included in the RMS Covenants and ARB. The ARB requested that a letter of notification be sent to the WLCC and the WLPOA by President Kaney. The question of the golf course is under investigation.
- The ARB now requires that any approved variances be registered with the County and a copy of the waiver by the County be submitted to the ARB.
- The ARB has approved two remodeling and a driveway application.
- The ARB requested that the RMS take action against a property owner who topped trees without ARB approval and was fined. He has chosen not to respond. This issue will be turned over to our attorneys for collection.
- A motion made by Warren Johnson to amend the Wolf Laurel RMS by-laws in order to move the annual election from August to September was approved.
- 2 President Kaney appointed an ad hoc committee of Eller, Daniels and Pieper to study and initiate a modification of the 2001 Road Maintenance Agreement between the Association and Blue Mountain Owner’s Association, Inc.
Questions and Comments from the Floor
J Lewis Daniels,