Board Meeting—August 11, 2019
Attendees
Rick Greeley (President), Bill Exum, Bradley Peterson, Adam Skidmore, Anton Bricker
Topic: Annual Assessment
The lawyers at Niles Barton & Wilmer have asked to update our contingency agreement with them in order to proceed with collections on delinquent Annual Assessments. A Quotation of Fees and Collection Procedures was reviewed at the board meeting. The board also reviewed the updated HWHA Collection Procedure Outline. The board voted unanimously in favor of approving both the Quotation of Fees and Collection Procedures as well as the new Collection Procedure Outline.
Action items:
Rick will sign the Quotation and will send it back to Niles Barton & Wilmer.
Topic: Representation by NBW
In conjunction with the Quotation for Collections, Niles Barton & Wilmer have issued a Quotation of Fees for Legal Services. In the Quote, they outlined the same fee structure for review of any legal documents or general representation. The Board voted unanimously against signing this quote as it does not seem to be necessary for the HOA to have an agreement at this time. Unless it is a precedent to the collection procedure, Rick will not sign. If it is a precedent for the collection procedure, then all are in favor.
Action items:
Rick will take up the matter with Niles Barton & Wilmer
Topic: Swale Construction Project / McKirahan’s
Anton will reach out to McHale Landscape and Design to review the swale behind the McKirahan’s and behind the Morrison’s.
Action items:
Anton to solicit pricing.
Topic: Annual Assessment and Future Payments
Rick informed the Board of an ongoing issue with one homeowner. At one point a check was received for an annual assessment which attempted to pay for several years of assessments ahead of time. Since the check received was $350 more than what was owed, and no explanation was included in the payment, a refund was issued. The problem is the payment was received at a time when the original homeowner was selling the property. The refund was issued to the original homeowner – who was the person who wrote the check, not the new homeowner. Under the sale of the property, the Title Company was trying to pay for 5 years of assessment within the transaction of the sale of the home. The refund should have been issued to the buyer, not the original homeowner, as they are responsible for the future assessments. The original homeowner cashed the refund check and is no longer under any obligation. The HOA as decided to write off the $350 and will pick up the annual assessments on this property once the 5-year timeframe runs out. In the future, the HOA cannot accept payments for future assessments and cannot issue refunds until the homeowner is contacted to discuss the overpayment. Only after discussions with the homeowner can a refund be issued so as to avoid this scenario.
Action items:
No action
Next Meeting: Unscheduled