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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 Johnson, the April, 2012 Minutes as amended were approved as amended.

Committee Reports


Copies of the 4/30/12 financial statements are attached.

Wyatt reported:

  • We have received better payments for Home assessments than Lot assessments. Expenses for Security were as expected but expenses for Roads were down from last year and budget because of the mild winter in both labor and materials such as Fuel, Gravel and Utilities.
  • Several questions from the members were asked and answered.
  • The 2011 Annual Financial Report was received from the auditor; by general agreement since no one had
    time to review it, was deferred until the June meeting for acceptance.

Long Range Planning

Items that came out of the Workshop will be brought up over the course of the meeting and acted upon then.


Pieper reported:

The Association has obtained judgments against six lots and their owners in the total amount of $17,000 in three cases in suit. Complaints have been filed but service of process not yet accomplished in three additional cases involving 12 lots seeking $33,104. We continue review and case selection for commencing additional collection  efforts. These cases all involve post-2002 Amendment purchases.

John Beneke reported on the status of working with Yancey and Madison County Tax Assessors to obtain tax exempt status for property owned or to be owned by the association. Presented was a copy of “NC 105-277.8. Taxation of property of nonprofit homeowners associations” wherein it is emphasized that all property owned by the association is held for the use, benefit and enjoyment of all members of the association equally. The Madison County Assessor (and presumably the Yancey County Assessor) wishes (requires) the By-laws of any association claiming tax exemption of its property require the Board of such association to designate which property is for the use, benefit and enjoyment of all members thus qualifying for tax exemption and which, if
any, is for investment or future sale. There followed a general discussion of the topic. Kaney requested Brent McCaghren in coordination with Anselmo follow-up and suggest a By-law amendment.

Public Relations

No Report


Eller reported we had a savings in excess of $3000 on our Workman’s Comprehensive Insurance Policy audit due to a reduced Experience Factor and lower than estimated payroll costs due to the mild winter.


Brown reported:

  • He was really having problems with the equipment, particularly with tires.
  • Application of the Crack Sealer for sealing the splits in the asphalt was working well. The cost is $2,000 per mile which makes it very cost efficient to prolong the time before repaving of the roadway becomes necessary.
  • Brown was congratulated on the appearance of the road side areas of grass. Kaney told of the resistance of some lot owners to the way Brown had cleared on ROW and planted Fescue. Brown said this method had several advantages included less erosion; allowing more sun, thus quicker snow clearing in the winter, etc. The Board concurred with the manner in which we is doing this work and approved his
    continuance with other sections of roadway.
  • A discussion about equipment needs ensued and Kaney remarked that at the next board meeting we might consider approving some budget for equipment so if Brown found an opportunity to purchase a used grader of the proper size for a good price, he could proceed with the purchase.


Gwozdo reported:

  • The Gate House Bar Code scanner has been upgraded by ITC, the supplier, to a significantly increased capacity of barcodes. The cost was approximately $2300. Kaney asked for approval of the purchase. Johnson moved, Eller seconded and the board approved the purchase.
  • Repairs to the Gate House: a decision will be made shortly.


Colvett reported an egregious and obvious tree cutting on McDaris Loop which the ARB will pursue.

New Business

Upon proper motion by Pieper and seconded by Daniels the following was unanimously passed:

“With regard to collection of delinquent assessments on properties purchased prior to the 2002 Amendments to the Covenants, the Board will engage legal counsel to write appropriate demand notices to the delinquents offering an incentive to pay within a relatively short period of time. Thereafter, the Board directs that legal counsel and/or a collection agency be engaged to proceed with the debt collection process. This is in furtherance of the Board’s goal to promote sharing of the costs of maintaining our community roads and security in an equitable manner among all Wolf Laurel area property owners.”

Upon proper motion by Pieper and seconded by Daniels the following was unanimously passed:

“With regard to what has been referred to as the “motel”, the Board directs that the deeds and other relevant documents again be reviewed and if the facts so indicate, counsel be engaged to file suit to obtain payment of any unpaid assessments owed.”

Upon proper motion by Johnson and seconded by Eller the following revised Policy and Procedure Realtor Selection for Real Estate Assistance was unanimously passed:

“On occasion it may be helpful for the Association to seek the assistance of a realtor. When that assistance involves property sales, it may be preferable to use a local realtor. On these occasions, the Association may advise the local real estate agencies, who actively sell property in Wolf Laurel and wish to participate, of property the association wishes to sell. The real estate agent who brings an acceptable offer on which there is a closing for the property will be paid a reasonable commission. The Association may also post a list of property for sale at the corporate office.”

Upon proper motion by Daniels and seconded by Pieper the following Policy and Procedure Smoke Free Workplace Policy was unanimously passed:

“To protect and enhance our indoor air quality and to contribute to the health and well-being of all employees, the Association shall be entirely smoke free effective June 1, 2012. Smoking is prohibited in all of the enclosed areas within the Association worksites, without exception. This includes common work areas, general offices, private offices, hallways, kitchen areas, stairs, restrooms, guard facilities and maintenance garage. Smoking is permitted outside the areas mentioned above but not within ten (10) feet of an entrance.”

Upon proper motion by Johnson and seconded by Daniels the following was unanimously passed:

“That Tom Eller form and chair a committee to study the feasibility of the Association taking title to lots for which assessment is in default.”

Upon proper motion by Daniels and seconded by Eller the following was unanimously passed:

“The Treasurer study the feasibility of allowing alternative partial monthly or quarterly payment of assessments beginning in 2013 and, if feasible, bring back to the Board a plan with various alternatives for so doing.”

Old Business


Visitor Comments and Questions

John Beneke congratulated the Board for moving forward with many items that have languished for too long. Denis Garman, 210 Spring Valley Drive, raised several questions he had previously submitted to the Board regarding “The Motel”, activity which affected his property from our Maintenance Shop, and other items. Brown took umbrage at the implication some of the items mentioned were current happenings when they happened several years ago before he came on board. Kaney suggested Garmon set up a time to meet with he (Kaney) and Wyatt to discuss the accounting questions, many of which he considered in error.

Brent McCaghren suggested the committee to be formed by Eller create a matrix for each lot which might be received to show: assessment amount, taxes due, mortgage, potential purchases by adjacent lot owners, whether buildable, whether perks, potential value, etc. which would then be used to determine whether the lot might become Green Space, sold or otherwise used.

Jim Landry echoed Beneke’s remarks.

Kaney announced the next meeting would be June 14th.

The meeting was adjourned.

Respectfully submitted,

Frank H Colvett, Sr,