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Board of Directors Minutes 2005-2006 - Mike Mann, President
| Board of Directors 2005-2006 | |
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Officers: |
Directors: |
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Mike Mann, President |
Dick Dickens |
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Mike Miller, Vice-President |
Al Gam |
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Bill Poggi, Treasurer |
Jim Holland |
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Jack Perrigo, Secretary |
Dave Melton |
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Russ Smith |
DRAFT
Tara Woods Property Owners Association
Board Meeting January 8, 2006
The TWPOA board of directors met on January 8, 2006 at the Lake Anna Rescue Squad. Mike Miller joined the board after the first vote.
Approval of the Agenda: The agenda was amended to include a discussion of lot 5 and lot 39 performance bond refunds which will be discussed under the Architectural Committee. The election schedule was added to new business. The agenda was passed by unanimous consent.
Consent Agenda: The Treasure, Bill Poggi, highlighted the year-end financial position of TWPOA. We collected $2,300 more than we have planned. A $1,000 performance bond was forfeited. We had 10 sellers’ packages or $600 more than planned. We also had $175 from gate card fees and interest was $250 more than expected. On the expenses, we spent about $5,000 less than budgeted. About $2,700 of this is the board expense where 6 directors declined their director’s fee in order to help with maintenance of the common property and we didn’t complete the sale of lot 69 so the $1,250 was not spent this year but was added to the 2006 budget. Overall, we have an operating fund surplus of $8,765.11 and in addition we have $4,946.59 savings from unexpended 2005 budget items. These surpluses were generated over the last two years.
The October 2, 2005 minutes were accepted without change. The consent agenda was passed by unanimous consent.
Bill Poggi announced that he has sold his house in Tara Woods, but volunteered to continue as treasurer until the new board convenes in April and he also said that he would be willing to continue as a director through the next year. Several board members expressed their desire to keep Bill on as treasure, but there was some concern about having a board member that was not a property owner. The covenants are silent on this matter, but the by-laws specify that the members must be in good standing (paid their dues) in order to be on the board. Dick Dickens motioned that Bill Poggi remain as treasurer until April when the new board convenes and at that time his term as director ends. Russell Smith seconded the motion and it passed with 6 votes “for” and Bill Poggi and Jim Holland abstained (Mike Miller had not joined the board at this time).
NEW BUSINESS
The Reserve Study: ETC provided a final version of the reserve study. ETC noted in the draft report that we needed to re-deck the pier in a few years, but did not provide an estimate. The final report includes the re-decking cost of $14,400. The draft set our reserve requirement at about 105,000 and the final report sets the total requirement at about 119,100. They also included our $25,000 capital fund to the funds available which brings our annual contributions down from $10,000 to $9,087.
Survey on fence and mowing: The board of directors surveyed the membership to decide if they wanted to raise the dues and continue to mow along the roadways and also maintain the fence. We had 39 respondents. Twenty-three wanted to reduce the mowing to only the common area and 16 wanted to continue mowing along the roadways. Twenty-four wanted to retain the fence only on the outer perimeter (Carrs Bridge and Burruss Mill) while 15 wanted to retain the entire fence. Conseqently, the membership responded that they are willing to take reduced service in order to keep the dues at $320. (Note: the final survey results had 44 respondents. On mowing, 25 wanted to reduce the mowing versus 19 to continue mowing along the roadways. Concerning the fence, 27 wanted to reduce the maintenance cost and 17 wanted to continue maintaining all of the fence.)
Proposed 2006 Budget: Mike Mann said that the key decision today is to decide what the dues will be for 2006. The proposed budget has $25,600 in income which does not include things like the performance bond forfeiture since that happens rarely. The proposed expenses total $25,737. The expenses are budged closely to the 2005 actual amounts except for the board expenses, where 6 members did not accept their fees. The usual board expense has been $5,000. The mowing expense only includes $750 which assumes mowing only the common area 15 times at a cost of $50. There was some concern if this was enough, but that we could make a final decision at the March meeting. Also, we have operating fund surplus that can be used to offset part of the reserve requirement which will allow us to put more money into mowing if needed.
Decision on the dues for 2006: Jack Perrigo motioned to keep the dues at the current rate, $320 for 2006. David Melton seconded the motion and it passed unanimously.
Al Gam motioned to stop mowing everything except the common area. Russell Smith seconded the motion and it passed unanimously.
Al Gam motioned to stop maintaining the fences on the interior lots and use the rails to maintain the fence on the main roads. Dave Melton seconded the motion and the motion passed with Mike Miller voting against the motion.
Fence Options (e.g. let interior members take over the fence): The discussion was on letting any property owners on interior lots keep the fence and then the property owner would be responsible for maintaining that section of fence. The board should send a letter to every interior lot and ask them if they want to keep the fence. Each property owner must respond in writing to the Property Manager by Mid March (date to be determined). The property owner needs to expressly accept the fence and all maintenance associated with the fence. We will not take any posts or rails from these lots. If a property owner does not respond then that part of fence may be taken down to maintain the fence along the outer perimeter. This discussion needs to be written up as a policy statement and draft letter for the board to review (Jack Perrigo).
Election Schedule:
Mail nominations ballots on February 1
Nomination deadline is March 1
Send out voting ballots March 10
Deadline or returning ballots March 31
Count ballots on April 1
Transition meeting April 16th (then changed to April 9th)
We will vote for four directors. The fourth place finisher will get a one year term and the 3 higher placed candidates will all have 3 year terms. The departing directors are Jim Holland, David Melton, Bill Poggi, and Russell Smith.
The election committee will be Shirley Jones, Nancy Lear, Maryhelen Perrigo, and Elaine Ellis. If any of the committee members have spouses running, that person will not participate in the process. Russell Smith accepted the election committee as named and it was approved by unanimous consent.
It was determined that April 16th is Easter and that might not be a good time to have a board meeting. David Melton motioned to change the April 16th transition meeting to April 9th, 2006. Russell Smith seconded the motion and it passed unanimously.
OLD BUSINESS:
Non Judicial Sale of lot 69: The lawyer has had trouble getting a trustee to handle the sale. The sale may take place in February. Our lawyer has submitted a lien for the 2005 dues which is the only outstanding lien. Liens have to be filed within one year of billing and the liens run 3 years and expire if not renewed. We will ask for all of our expenses, but that is up to he judge to decide what we receive. Mike Miller will talk to our attorney to see if there is a bill for the lien or any of her services so far.
REPORTS:
Property Manager: The parking area needs to be sealed, but Harmel is having trouble getting anyone to get the sealing done. Al Gam said that when he gets his driveway done, he will refer the contract to us since the contractor might want to do both jobs at the same time. The parking area also needs to be excavated at the sink site. The pavilion roof is missing shingles and the roof should be replaced. It would cost about $1,800. The pier needs to be re-decked and several posts need to be reset. We need to set priorities and get bids to do this work. Mike Mann said the most urgent need is fix the parking lot, next the docks because of potential liability and then the roof. The property manager needs to get prices to repair the parking lot, come up with a proposal for work on the docks within the funds available ($3,000).
Environmental Control Committee: Dick Dickens will send a letter to the new owner of lot 65 to ask if the builder will build per the plans previously submitted or to submit new plans if different and to ask them to post the $1,000 performance bond. Dick said that lots 5 and 39 are complete and he will send an email to Bill Poggi to release the performance bonds.
Newsletter: Marie-Clare Kleinworth will be out of town and will not be able to work on the winter newsletter, but she will resume with the next newsletter. Mike will prepare an abbreviated newsletter for the winter edition. It was noted that she declined the $50 per issue fee and that we should show our appreciation for her work. Dick Dickens motioned that we give Marie-Clare a $100 gift certificate to Tavern on the Rail. Russell Smith seconded the motion and it passed unanimously.
Comments: Walter Jones is in the hospital and we circulated a card and encouraged others to send cards. Jim Holland said his son is doing much better and is back in school. He thanked everyone for their thoughts and comfort during this trying time.
Mike Mann adjourned the meeting by unanimous consent.
Respectully submitted:
Jack Perrigo, Secretary
Approved:
_______________________________
Mike Mann, President (date)
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Tara Woods Property Owners Association
Board Meeting October 2, 2005
The TWPOA board of directors met on October 2, 2005 at the Lake Anna Rescue Squad. Jim Holland and Al Gam were not in attendance.
Approval of the Agenda: Two items were added to the agenda – Completion Bonds (lots 5 and 39) and Trespassing on Lot 78. Russell Smith motioned to approve the draft agenda. Bill Poggi seconded the motion and it passed unanimously.
Consent Agenda: The Treasurer said we have two mowings left on our current contract. The mowing contract provides 15 mowings for $9,000. The Capital fund has $25,699.75. There is $5,000 in the Performance Bond fund and the Treasurer will transfer the forfeited bond (lot 65) to the Capital Fund. At year end, we will evaluate our funding and decide if there is a block of funds that we can move into our reserves. Dave Melton motioned to approve the Treasure’s Report and the August 7th minutes. Dick Dickens seconded the motion and it passed unanimously.
NEW BUSINESS
Sheds and Trespassing: The Ketchum’s discussed putting a shed on their property (lot 78). The covenants allow garages and we do allow sheds attached to the house. They also were concerned that people from Tara Shores have been riding four wheelers on their property and using their dock. Hedges can be used as a barrier and we also permit split rail fences. They need to see Dick Dickens for approval of any building and a fence. Mike Mann will write a letter to the President of Tara Shores concerning the trespassing.
Friends of Lake Anna: The board should not take a position concerning the addition of two reactors. The “Friends” are concerned that the new reactor will affect the water levels on the lake and may also raise the water temperature on the “warm side”. Our next newsletter will list website addresses (i.e. Central Virginian and Friends of Lake Anna) that members can access to obtain information and make decisions on their own.
OLD BUSINESS:
Update on non-judicial sale: Mike Miller said that our lawyer has a trustee to handle the sale of lot 69. It will take about 90 days to do the 3 or 4 required notices and the sale will probably occur in January 2006. The proceeds of the sale will satisfy back taxes, back dues plus interest and other Tara Woods costs, and the remainder will be held in a fund for 7 years for the owner Tara Woods may only get 2 or 3 years worth of back dues and fees and a question was raised whether we need to get a lien on record before the sale. Mike Miller said he would ask our attorney and if needed have her record the lien.
Committee on Fence and Mowing: The committee was set up to provide information that we could use to survey the membership as to whether they want us to continue mowing along the roadways and to continue to maintain the fence. We have sufficient money to fund our reserve requirements of about $10,000 per year. However, we would have to raise the dues in order to mow along the roadway and maintain the fence. We anticipate that the mowing will be less than the current $9,000 fee and we plan on spending less than $7,000. At $7,000 we would have to raise the dues by about $100 to continue mowing.
We need to have Harmel Sabourins, property manager, get mowing bids. Each bid should show the cost to mow along the roadways, the cost to weed-whack along the roadways, and the cost to mow and weed-whack the common area.
To replace all of the old fence rails and posts would cost about $40,000 and if labor is two times the material cost, it could cost $120,000. Using our current mowing contract that includes labor for two men at $50/hour, it might cost about $45,000 for the labor or a total of about $85,000. If we performed the work over 5 years, we would need to increase the dues by $200 to $300.
There are 3 options on the fence 1) take down the fence on the interior road and use the materials to rebuild the fence along the main roads only and not raising the dues, 2) have a 5 year program to replace old parts of the fence and raise the dues $200 to $300, or 3) use a plastic fence that cost about $165,000 and have a one time special assessment. The plastic fence is not a split rail and would require changing the covenants.
The posts are Locust and might last a long time which could significantly lower the estimate to bring the fence up to standard. Dick Dickens was going to see how long the posts should last and get an estimate of our fence posts remaining useful life, so we can revise the estimate. Russell Smith motioned that we spend up to $100 to obtain an estimate of the useful life of the posts. Dick Dickens seconded the motion and it passed unanimously.
We plan to survey the membership and ask them if they want to continue mowing and maintain the fence and provide the cost information and the raise in the dues. Additionally, the mowing and the fence are esthetics that affects the value of the Tara Woods properties.
Mike Mann will put the survey together and plans to send the survey out with the next newsletter in late October.
Reserve Study: We have commented on the reserve study and are waiting for the contractor to respond to the comments and finalize the study. Bill Poggi will contact them and see when they will provide response to our comments and a final reserve study.
Completion Bond on lots 5 and 39: Dick Dickens needs to approve these refunds.
REPORTS
Property Manger’s report: No report
Environmental Control Committee: No activity.
Annual Picnic: The picnic was held October 1st . We have 35 people attend and all had a great time.
Newsletter: The next newsletter will go out late in October.
Upcoming Meeting: The next meeting will be January 8th, 2006 at the Lake Anna Rescue Squad on Bumpass Road.
Comments by Board Members: Dave Melton suggested that we send a fruit basket and card to Jim Holland’ son, Matt, who was injured diving into the water. It was suggested that Matt might prefer a gift other than a fruit basket. Bill Poggi motioned to send a gift not to exceed $75.00. Dave Melton seconded the motion and it passed unanimously. Bill Poggi will make the arrangements.
Mike Mann adjourned the meeting by unanimous consent.
Respectfully submitted:
Jack Perrigo, Secretary
Approved:
_______________________________
Mike Mann, President (date)
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Tara Woods Property Owners Association
Board Meeting August 7, 2005
The TWPOA board of directors met on August 7, 2005 at the Tara Woods Pavilion. The only board member not present for the meeting was Russell Smith.
Approval of the Agenda: Bill Poggi motioned to approve the draft agenda. Jim Holland seconded the motion and it passed unanimously.
Consent Agenda: The Treasurer’s report and the minutes from the last meeting (June 5th) were discussed. Dick Dickens motioned to approve the Treasure’s Report and the June 5th minutes. Dave Melton seconded the motion and it passed unanimously.
NEW BUSINESS
Action without Meeting: The board voted to send out an abbreviated newsletter to the membership and note that the full newsletter is posted to the webpage. We received 7 email votes in favor of the action. Two directors did not respond. Sending an abbreviated newsletter passed.
Approve election procedures: The election committees have been using procedures set by former secretaries without a formal board approval. Mike Miller motioned to approve the existing procedures. Jack Perrigo seconded the motion and it passed unanimously.
Board Resolutions: It was decided that the board did not need to approve posting the “Resolutions” to the webpage. The items to be posted are: the election procedures, mowing 8 to 12 inches, nominees cannot be put on the ballot if their dues are not paid by March 1st, gate card replacement fees are $25, Seller’s package fee is $100.
Mowing: There are four lots that do not mow unless Tara Woods sends letters and sometimes has to mow for the lot owners. It was suggested that we include an imputed charge for the Property Mangers time and the cost to write and mail letters and then bill the lot owner. Dick Dickens motioned that we increase our mowing fee from the current $85 to $150. Bill Poggie seconded the motion and the motion passed with two no votes cast by Jim Holland and Jack Perrigo. A letter will be sent immediately to the 4 lots that we routinely have to send notifications that our fee will now be $150.
The board also discussed changing the procedure where we send letters out before we hire a contractor to mow. The problem is that by the time we notice that a lot needs to mowed, we then send a letter that gives the lot owner a chance to mow the lot and several weeks go by and grass gets to be two feet tall. It was suggested that we continue to notify lot owners before we mow, but give the lot owner 10 days to mow the grass.
Budget Process and Options: The reserve study requires that we set aside about $10,000 each year to fund repairs/replacement of our facilities. Virginia law requires that associations conduct and fund such studies. We spent $9,500 for mowing along the roadways last year and if we stopped mowing, we could fund our reserve study without raising the dues. Likewise, the fence is an ongoing and expensive. It was decided that these two issues would be explored, a committee would develop options, and the membership would be surveyed on the options. In addition, the committee should establish the cost of each alternative. For example, it we stop replacing fencing, what does that do to our annual cost? Al Gam, Dick Dickens, Jack Perrigo, Harmel Sabourins, and Bill Poggi volunteered to serve on the committee. The committee was tasked to make their report by the October Board meeting in order to allow a survey to be distributed and returned prior to the January meeting when the budget for 2006 will be established.
OLD BUSINESS:
Update on non-judicial sale: Mike Miller said that our lawyer is having trouble finding a trustee to handle the sale of lot 69 which is causing the delay in selling the lot. Dick Dickens added that he also talked to our lawyer and said that Stephanie has contacted Jessica Smith to act as the trustee.
Reserve Study: We have commented on the reserve study and are waiting for the contractor to respond to the comments and finalize the study.
Completion bond on lot 64 and 23: It was decided that lot 64 has completed construction and the performance bond will be refunded. Lot 23 still needs to add decking. He is about 160 feet short of the 400 feet requirement.
Further Action to Clean up lot 65: We sent the lot owner a letter asking that he level the dirt pile, remove the rubbish, and put the building supplies out of sight. The property manager talked to the lot owner and the owner has hired a contractor to do the work. The lot looks pretty good right now and the lot owner has done everything we have asked.
REPORTS
Property Manger’s report: The grading is done next to the beach area. We still have to add river rock on top of the stone placed along the fence. It will cost about $850 for the river rock. Harmel put another computer chip in the gate at a cost of $150.
Harmel has saved the community a lot money by doing the work himself and he also spent $60 of his own money to help clean up the area next to the beach. He has gone well past what we have asked any property manager to do and the board expressed it’s thanks for a job well done above and beyond what is expected.
Environmental Control Committee: Since the last meeting the Kleinworths have submitted plans for a detached garage.
Annual Picnic: The picnic will be on October 1st at 3:00 PM. It will be a pot luck and the theme is Oktoberfest. Check the webpage for further details.
Newsletter: The next newsletter will go out after the annual picnic. We mailed an abbreviated version of the newsletter since we were concerned that not all of the members were using the webpage. We will discuss whether we will continue this at the next meeting.
The next meeting will be October 2, 2005 at the Lake Anna Rescue Squad on Bumpass Road.
Al Gam motioned to adjourn. Jack Perrigo seconded the motion and it was approved by unanimous consent.
Respectully submitted:
Jack Perrigo, Secretary
Approved:
_______________________________
Mike Mann, President (date)
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Tara Woods Property Owners Association
Board Meeting June 5, 2005
The TWPOA board of directors met on June 5, 2005 at the Lake Anna Rescue Squad. All directors were present except Bill Poggi.
Approval of the Agenda: Russell Smith motioned to approve the draft agenda. Dave Melton seconded the motion and it passed unanimously.
Consent Agenda: The April 17, 2005 Treasurer’s report listed disbursements at $7,470 and since then an additional $3,222 has been disbursed for a total of $10,693.44, which is less than half the 2005 budget. The performance bonds are now in a separate account and are reported separately from the operating funds. In the past, Treasurer’s recorded performance bonds as receipts, deposited them into the money market account, but reported them as non-operating funds. The draft minutes for the annual meeting (May 21, 2005) and the April 24, 2005 board meeting were not changed. Dave Melton motioned to approve the consent agenda. Russell Smith seconded the motion and it passed unanimously.
Reserve Study: The reserve study was conducted by ETC and they have provided a draft report. The draft report will be posted to the website. The board will make comments to ETC and ETC will provide a final report. The study covered the boat slips, gate, pavement, boat ramp, and pavilion. The fence was not part of the study because it is not on association property according to ETC.
The association has spent a lot of money on the fence in the past. The association spends a large part of the budget on mowing outside he fence and the fence, which is not on association property.
The study listed sealing the pavement cracks, which we have done during a association workday. The drainage at the pavilion is creating sinkholes and Joey Vaughn recommends filling in the low spot with stone at a cost of $350. Jim Holland motioned to approve spending $350 for Joey Vaughn to fill the hole with stone. Mike Miller seconded the motion and it passed unanimously.
The pavilion is missing some shingles and Jim Duke donated some extra shingles he has that we could use to replace the missing shingles.
The President asked that each board member review the draft reserve study and provide comments. In summary, the total reserve requirement is about $100,000, which requires about $10,000 annual contribution to the reserve funds. We currently have about $30,000 in reserves, which is about one third of the total requirement. If the board decides to increase the dues it would cost each property owner about $100 each year. In addition, we need to establish a reserve for the fence. The president asked that the Property Manager and the Treasurer get together and determine what the cost were incurred for each of the last 3 years and provide that information at the next meeting.
Completion Bonds: The house on Lot 23 is complete but does not appear to have 400 sq ft of deck. Dick Dickens will determine if the approved plans required 400 sq ft of deck. If the approved plans do not require the decking we should refund the completion bond, but note that the owner still needs to add the appropriate amount of decking.
Lot 65 has not finished the exterior within the 12 months required. Construction commenced on April 30, 2004. Currently, the siding is incomplete, debris and construction material litters the property, and there is a large dirt pile in the front yard. The association sent the owner a letter asking for his construction schedule, but he has not responded to that correspondence. Jim Holland motioned that Lot 65 forfeit the completion bond. Dave Melton seconded the motion and it passed unanimously.
The President asked Mike Miller to discuss our options with our lawyer in dealing with lot 65 to get the lot cleaned up and the exterior completed.
Non-Judicial sale of lot 69: Dick Dickens said that the last time he talked with our attorney the sale is scheduled for July.
Property Manager: The mowing contractor has not finished mulching or trimming. He has also not mowed the lots where the owners have failed to maintain the lot. The contractor has failed to come to a meeting and does not return phone calls.
There was some discussion of whether the contractor is in breach of contract. The secretary will draft a letter to the mowing contractor based on a list of items that the property manager reports that have not been done.
There has also been a problem with getting the porta pottie cleaned per the contract. The property manager asked to have the porta pottie pumped before the long weekend and again after the weekend. This was approved by unanimous consent. In addition, the property manager will arrange with the Treasurer to take off one weeks cleaning from he next bill.
Annual Picnic: The picnic will be on October 1st and will have an Oktoberfest theme.
Newsletter: The next newsletter will be after the 4th of July.
Potlucks: Potlucks are the 3rd Thursday of June, July, and August.
Pontoon Parties: The first part is June 26th.
Upcoming meeting: The August 7th board meeting will be at the Tara Woods pavilion.
Comments by Members: Jim Peck complained that too many people rented Jim Holland’s house over the Memorial Day weekend and asked Jim Holland to resign from the board. Hank Filippi seconded Jim Peck’s proposal. The people who rented the house misrepresented the number of people intended to use the house, which is outside the control of the landlord. Jim Holland apologized for the inconvenience this situation caused. Jim also said that he would correct his ad with Dockside. The board decided that no action was needed.
Comments by Board Members: Russell Smith asked if the no wake buoys could be moved further out. He was told that the buoys cannot be further than 100 from the docks.
Adjournment: The meeting concluded by unanimous consent.
Respectfully submitted,
Jack Perrigo
Secretary, TWPOA
___________________________________
Mike Man, President (date)
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Tara Woods Property Owners Association
Board Meeting April 24, 2005
The TWPOA board of directors met on April 24, 2005 at the Lake Anna Rescue Squad. The only board member not present for the meeting was Bill Poggi.
Approval of the Agenda: Maryhelen Perrigo asked to add 3 items to the draft agenda, 1) Fee for Seller’s package, 2) create an agenda for the annual meeting, and 3) Action without Meetings under new business. Larry Katz motioned to approve the agenda as amended. Al Gam seconded the motion and it was passed unanimously.
Consent Agenda: The treasure’s report noted that all dues have been paid for 2005 except for lot 69 in the amount of $24,640. As of April 17 we have spent $7,470.77 against the total budget of $26,238 for the year. The Completion Bonds are now held in a separate account and is reported completely separate from the operating fund. The completion bond fund has $5,000.
No changes were offered on the draft minutes for the March 6th meeting. The consent agenda was approved by unanimous consent.
Election Results: The association elected Dick Dickens, Jack Perrigo, Mike Miller, and Russell Smith. Russell Smith’s term is for one year to fill a vacancy. The other directors have three (3) year terms ending in 2008.
Transition: Board members leaving were Bart Cameron, Jim Duke, Larry Katz, and Maryhelen Perrigo. The new directors took their seats on the board.
Elect Officers: Jim Holland nominated Mike Mann for President and Dick Dickens seconded the nomination. No other nominations were made and Mike Mann was elected unanimously.
Jim Holland nominated Mike Miller for Vice President and Jack Perrigo seconded the nomination. No other nominations were made and Mike Miller was elected unanimously.
Jim Holland nominated Jack Perrigo for Secretary and Al Gam seconded the nomination. No other nominations were made and Jack Perrigo was elected unanimously.
Jack Perrigo nominated Bill Poggi for Treasurer and Dick Dickens seconded the nomination. No other nominations were made and Bill Poggi was elected unanimously.
Set the Schedule for 2005/2006 board meetings: It was decided to continue to hold the meetings on Sunday. One director preferred Saturday. David Melton motioned to hold the meetings on Sunday afternoon and follow the same schedule as last year. Jim Holland seconded the motion and it was approved unanimously.
The dates for the Board Meetings are:
Saturday, May 21, 2005 10:00 AM Elk Creek Baptist Church
Sunday, June 5, 2005 1:00 PM LARS
Sunday, August 7, 2005 1:00 PM TWPOA Pavilion (change 1)
Sunday, October, 2, 2005 1:00 PM LARS
Sunday, January 8, 2006 1:00 PM LARS
Sunday, March 5, 2006 1:00 PM LARS
Sunday, April 16, 2006 1:00 PM LARS
Saturday, May 20, 2006 10:00 AM TBA
LARS=Lake Annual Rescue Squad on Bumpass Road.
The by-laws require that the members be notified about the annual meeting not less than 30 days, nor sooner than 40 days. Because this transition meeting was held less than 30 days, the board needs to approve a waiver of the 30-day requirement. Jim Holland motioned to have a one-time amendment to the by-law requirement. Russell Smith seconded the motion and it was approved unanimously.
OLD BUSINESS:
Change the order of the ballot (alphabetical/other): The order of the ballot is now set by when nominees receive the 3 required nominations. There was a discussion of alternatives, but no motions were made. The tiebreaker rules will be researched by Jim Holland.
Lighting the Pavilion Area: Bart Cameron had introduced this item at the last board meeting and the Property Manager was asked to look at three options (have Rappahannock install a light, low voltage lighting, or solar powered lights). Rappahanock wanted $1,800 to install a light and solar powered lights are too weak. Low voltage lights would cost less than $300. Jack Perrigo motioned to install low voltage lighting for the boat launch and dock area. Mike Mann seconded the motion. The vote was 4 votes “for” and and 4 votes against (Dick Dickens, Jim Holland, Dave Melton, and Russell Smith). The motion was not approved.
Dick Dickens motioned to put up a sign that the docks are not lighted and that users are “at their own risk”. Russell Smith seconded the motion and it was approved 7 votes “for” and 1 vote against (Al Gam).
Update on the Non-Judicial Sale of lot 69: Lot 69 dues have not been paid for several years and we do not have a way to contact the owner. This is the first time that our lawyer has dealt with a foreclosure where the owner could not be found. Consequently, the lawyer recommends appointing a third party trustee to handle the sale. The trustee would do the required advertising and the trustee fee would be paid out of the proceeds of the sale. There was some discussion of Tara Woods buying the property at the auction. The articles of incorporation permit Tara Woods to engage in real estate transactions. No motions were made to purchase lot 69. Dick Dickens will take over responsibility for the foreclosure since Larry Katz has left the board.
Completion Bond on lot 65: Dick Dickens is going to find out when the county approved the footings on lot 65 to determine when the one-year requirement starts under our completion bond. The agenda of the next board meeting will include lot 65 forfeiture of the completion bond.
Reserve Study: We have received a draft of the reserve study. We will be allowed to comment on the study and then the contractor will finalize the study.
POAVA: Tara Woods is now a member of the Property Owners Association of Virginia. POAVA held their meeting last week. Association’s insurance and coverage shortfalls were discussed. For example, some policies do not cover appointed positions or suits for non-monetary resolutions. The problem with non-monetary suits is the legal cost to defend the association. There is grant money for dry hydrants through the Department of Forestry under fire prevention programs. Associations are also required to obtain a license through the Real Estate Board for a $25 fee. This requirement is very similar to the licensing through the State Corporation Commission.
Seller’s Packages: There was a discussion about lowering the fee for seller’s packages from the current $100. No motions were made.
Environmental Control Committee: Lot 5 built a boathouse very close to the neighboring boathouse. The issue has been resolved. The house on lot 5 does not have the required 16-inch overhang. Tara Woods past practice was to grant waiver for shorter than 16-inch overhangs on the gable ends. The house on lot 5 cannot have 16-inch overhangs because it would interfere with opening the front door. The environmental control committee does have the authority to grant such waivers.
Annual Picnic: Nancy Lear and Maryhelen are on the committee. The plan is to have an “Oktoberfest” theme on Oct 1, 2005 (Saturday).
Newsletter: Marie-Claire Kleinworth needs to add the schedule for future board meetings and it will be ready to be mailed out.
Action without Meeting: The board can take actions without meetings, but every board member needs to sign an agreement. Any action taken without a meeting has to be reported and recorded at the next meeting.
Gift Certificate: In the past we have given $50 gift certificates to Tavern on the Rail for departing board members. Russell Smith motioned to provide these gift certificates. Al Gam seconded the motion and it was approved with six (6) votes “for” and one (1) abstain (Jack Perrigo). Note: Mike Miller had left the meeting.
Members Comments: Bob Kleinworth noted that Dave Melton is the outstanding superintendent of schools for this district.
Adjournment: Dick Dickens motions to adjourn the meeting. Al Gam seconded the motion and the motion passed unanimously (7 votes).
Respectfully Submitted:
Jack Perrigo
Secretary, TWPOA
_________________________________
Mike Mann, President DATE
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Board of Directors Minutes 2004-2005 - Mike Mann President
| Board of Directors 2004-2005 | |
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Officers: |
Directors: |
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Mike Mann, President |
Bart Cameron |
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Larry Katz, Vice-President |
Jim Duke |
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Bill Poggi, Treasurer |
Al Gam |
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Maryhelen Perrigo, Secretary |
Jim Holland |
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Dave Melton |
Tara Woods Property Owners Association
Board Meeting March 6, 2005
The TWPOA board of directors met on March 6, 2005 at the Lake Anna Rescue Squad. The only board members not present were Jim Holland and Dave Melton.
Approval of the Agenda: Mike Mann asked if there were any objections to the draft agenda. No objections were voiced so it passed by unanimous consent.
Consent Agenda: The minutes were sent out earlier and a draft is posted to the website. No additional comments were made. The Treasure went over the financial summary. As of March 1st he collected $19,040. Since then he received dues on 8 more lots and 7 lots have not yet paid (one being lot 69). We pay the mowing bill over 12 months. Payment 9 and 10 were made for $1,500 and he expects a bill for payments 11 and 12 in the same amount plus the one additional mowing. Al Gam motioned to approve the consent agenda (Minutes and Treasurer’s Report). Larry Katz seconded the motion and it passed unanimously.
Budget and Capital Planning: Mike Mann presented the 2005 budget compared to last year’s actual expenses and highlighted things that are different. The mowing is about $3,500 higher due to paying for 12 full months rather than 8 in the previous year. More broadly, we have a reserve of about $25,000 for repair or replacement of capital improvements. Under the POA, we must retain an engineering contractor to conduct a reserve study to recommend reserve amounts needed to cover to maintain the infrastructure of the community for which the Association is responsible. To meet this obligation, the Treasurer will arrange a contract for an engineering study this year. While we don’t anticipate the results to affect this year’s budget, we will have to respond in future years to results of the study and ensure that the association has adequate reserves. We are budgeting $1,000 for the reserve study. We are also budgeting $1,250 for the foreclosure of lot 69. We hope to recover these costs plus past dues and other fees, but recovery is up to the court. Finally, there is an operating surplus of about $7,500 from 2004 and the mowing accounts for $3,500 that is a one-time windfall where 4 months of 2004 mowing are actually paid in 2005. Likewise, part of the property manager’s 2004 stipend was paid in 2005. These artificially increased the surplus from 2004, but the increased expenditures in 2005 will even them out. Larry Katz motioned to approve the proposed 2005 budget. Al Gam seconded the motion and it passed unanimously.
Discussions followed on the completion bonds and it was noted that lot 65 is at the end of the one-year mark for completion of the residence and may forfeit his completion bond. Bill Poggi motioned to have Dick Dickens contact the owner of lot 65 concerning the completion bond. Larry Katz amended the motion to include that we should inform the owners the date on which the one-year period will be up and that the completion bond is subject to forfeiture. We should also request a schedule for completion. If there are extenuating circumstances they should make a case before the board. Bart Cameron seconded the motion as amended and it passed unanimously.
Election Planning/nominations: The ballot for 2005 has 7 names who are to be listed in the order they received at least three nominations. The election committee plans to count the ballots on April 2, 2005 at the pavilion and if the weather is bad, the count will be at Maryhelen Perrigo’s house. Some discussion followed about ordering the ballot alphabetically. However, it was pointed out that the by-laws do require that the order of the ballot by when each person is nominated. It was noted that it is an advantage to be first of the ballot and that alphabetical may not be the best way. Bill Poggi asked that the issue be put on the next meeting agenda.
One person paid their dues today (March 6th) and received enough nominations, but was not put on the ballot because the dues had not been paid on March 1st, which is the due date. This has happened in the past and the person was not allowed on the ballot. Bill Poggi motioned that because this person did not pay the dues as of March 1st, they should not be listed on the ballot. Jim Duke seconded the motion. The motion passed with five (5) yes votes and two abstentions (Mike Mann and Larry Katz). The person’s name will not be put on the ballot.
The board then discussed if this person could be a write-in candidate. It was suggested that we could have write-ins, but our by-laws do not have a provision for write-ins. The only provision in the by-laws is through the nomination process. Bill Poggi motioned that the person cannot run as a write-in candidate. Al Gam seconded the motion. The motion passed with five (5) yes votes and two (2) against (Mike Mann and Bart Cameron). The person will not be allowed to run as a write-in candidate.
Pavilion Lighting: Bart Cameron brought up the lack of lighting at the pavilion. Last 4th of July the docks were completely dark after the fireworks and one family had small children walking the docks in the dark. This is a potential safety issue. Bart provided some information from the power company concerning the cost to add and operate a light. The whole area would be illuminated. There was concern about a large pole and a light that is too bright and could be disruptive to neighboring property owners. Low voltage lights were suggested as an alternative. Mike Mann asked the property manager to make a recommendation at the next meeting, comparing lighting provided by Rappahannock, our own low voltage lighting, or solar powered lights.
Lot 69 status: At the last meeting the board directed that letters be sent to the last known addresses to notify the owner and his billing designee of the non-judicial sale. Both letters have been returned as undeliverable. Larry Katz asked the attorney for a time line on the process but has not heard from her. The cost of the foreclosure will be between $1,075 and $1,225 ($350 for advertising, $150 commissioner’s fee, $625 attorney fee based on 5 hours at $125/hour). We are budgeting slightly on the high side. There is a chance that we could get all the costs returned and we will ask for everything owed. Any excess proceeds go into an escrow account for the owner and the owner then has a specified period to make a claim.
REPORTS
Property Manger: Harmel is in the process of getting three estimates for repairing the pavilion paved area. Harmel replaced the rails and post on the main drag through Tara Woods (Burruss Mill) so that is in pretty good shape now. He thanked Bill Poggi and Jack Perrigo for hauling away the old rails.
Hospitality: Nancy Lear said she gave welcome baskets to three new Tara Woods members. This spring she plans on 3 more baskets. The new baskets will have information about the community and the area to help new people. She asked what refreshments are needed for the annual meeting. There is $100 in the budget for the annual meeting for refreshments and a door prize. The annual meeting will be held at the Elk Creek Baptist Church as the rescue squad is having their annual yard sale.
There were no other committee reports.
Upcoming Meeting is April 17th at Lake Anna Rescue. However, this meeting was subsequently changed to April 24th, 1:00 PM, at Lake Anna Rescue Squad.
Comments by Property Owners: There was one question on how many votes per ballot. That is, there are 4 positions to be filled, will we vote for 4 people on each ballot. The board affirmed that we will fill 4 positions and that each ballot will provide for voting of up to 4 persons. The person with the fourth-highest total will receive the one-year partial term.
Comments by Board Members: Bill Poggi said that Tara Woods is now a member of POAVA (Property Owners Associations of Virginia) and that he will attend the next annual meeting in April on behalf of Tara Woods.
Al Gam motioned to adjourn the meeting. Jim Duke seconded the motion and it was passed unanimously.
Respectfully submitted:
Maryhelen Perrigo
Secretary, TWPOA
______________________________
Mike Mann, President (date)![]()
Tara Woods Property Owners Association
Board Meeting January 9, 2005
The TWPOA board of directors met on January 9, 2005 at the Lake Anna Rescue Squad. All board members were present except Jim Duke.
Approval of the Agenda: Mike Mann asked if there were any objections to the draft agenda. No objections were voiced, so it was approved by unanimous consent.
Consent Agenda: The Treasurer summarized the association’s finances ending December 31, 2004. We had $1,000 from seller’s packages, which is unusually high. The interest from the CD has been placed in a separate account and he recommends that the interest be rolled back into the capital account. The performance bonds are part of the non-operating fund and we started 2004 with $3,000, we collected $4,000 in 2004, and paid back $2,000 for a balance of $5,000. The operating fund (all funds less the capital fund and performance bonds) is $10,602.65. Since TWPOA does not collect the dues until March 1, 2005, the Treasure will have to pay $3,475 remaining on the 2004 mowing, taxes and tax preparation of $895, and the property manager’s fee of $875. Consequently, until the 2005 dues are received we will have about $5,000 of operating funds to work with. The Treasure’s proposed 2005 budget includes $24,640 in anticipated dues and expenditures of 24,042 including $1,000 for a reserve study and $1,000 for the non-judicial sale of lot 69.
We are much better off at the end of 2004 than we were in 2003, because the Treasurer tightly controlled the mowing contract. If left unchecked mowing every week could have created problems.
The October 3, 2004 draft minutes were published on the website.
Dave Melton motioned to approve the consent agenda (Treasurer’s Report and October 3, 2004 minutes). Larry Katz seconded the motion and it passed unanimously.
NEW BUSINESS
Boat Slip Committee Recommendations: The committee members were Bart Cameron, Jim Holland, Maryhelen Perrigo, and Harmel Sabourins. The committee met on November 13, 2004. The committee recommended 1) The property manager keep the official copy of marina layout/boat slip assignment diagram, 2) The updated marina layout show only lot numbers since the actual slips are now marked accordingly, 3) Anyone who wants to change slip assignment should find another property owner to exchange with.
Discussions followed about different ways to reassign boat slips, but no agreement was reached. The board discussed the Williams inquiry, which basically claims that they were told that slip 24 was theirs. However, the association’s records show that slip 24 has been assigned to lot 37. The person that told her was mistaken and we will have to proceed based on the association’s records.
Bart Cameron motioned to approve the first two recommendations and defer the 3rd recommendation. Dave Melton seconded the motion and it was approved with Al Gam voting against it.
Mike Mann suggested that we send a second letter to the Williams to explain the board’s findings.
Budget and Capital Planning: The Treasurer summarized his proposed 2005 budget (see Consent Agenda). He recommended that we roll over the interest on the CD back into the CD to help grow the reserve fund. The fund was originally set up from surplus funds and was not based on a reserve study. The only new items on the 2005 budget are the reserve study and the non-judicial sale of lot 69. The other items are the normal expenses TWPOA incurs every year. The mowing contract has one more year and is the largest expense.
The reserve study estimates have ranged from $800 to $3,800. The board needs to hire a firm that is competent to do such a study, but we should look locally for the best price.
Mike Mann asked if anyone had an objection to rolling the interest into the CD and there were none. He also asked if there was any objection to the reserve study and there were none. The Treasurer will do some more canvassing and give the President a call and they will decide together on whom to hire. Lastly, the board does not plan to change the dues. Larry Katz motioned that the dues remain the same at $320 for 2005. Bill Poggi seconded the motion and it was approved unanimously.
There was a discussion on whether to continue to pay the directors. Such action would require a change to the by-laws. Bill Poggi and Larry Katz said they do not intend to accept the fee. The Treasurer asked that if anyone does not want the fee to send a signed note to that affect. No action was taken.
There was a discussion on Calendar Year versus Fiscal Year. TWPOA operates on a Calendar Year Cash Basis (i.e. January to December). The financial summary submitted as of December 31, 2004 closes the books for the year and represents all disbursements made for 2004. Mike Mann said the decision to not raise the dues means that we are committing to balance the budget for 2005. The tentative allocation proposed by the Treasurer should be finalized and the board can vote on it at the next meeting.
Election Planning: The coming directors election will fill 4 vacancies. Three directors terms expire (Jim Duke, Larry Katz, and Maryhelen Perrigo) and the fourth is created by a resignation. The candidates with the highest vote count will have 3-year terms and the fourth place finisher will serve for one year. Consequently, each ballot will allow the membership to vote for up to 4 candidates. Next year we should be back to voting for 3 candidates.
The Secretary told the board that the election committee is comprised of Elaine Ellis, Shirley Jones, Gretchen Leache, and Nancy Lear. It was decided that we should have alternates in case a committee member’s spouse is on the ballot and that person should not participate.
Weather permitting, the count will be held at the pavilion and all members are welcome to witness the tally.
Lot 69 Status: Dues have not been collected on lot 69 since 1988. According to the POA Act we can only recover dues and expenses for the last 3 years. It may cost us money to foreclose on lot 69, but it is not certain how the court will decide how much of our expenses and back dues we can recover.
The total back dues, interest, and expenses are over $12,000. We do not anticipate getting anything near the $12,000. The lesson here is that the association should not let such a situation to go on for such a long period of time, since we are not only out the unpaid dues, but we continue mowing which adds expenses we will never recover.
Letters have been prepared and signed to start the process
REPORTS
Property Manger: The association needs criteria on when to mow lots. Dave Melton motioned to mow lots when the grass is between 8 and 12 inches. Al Gam seconded the motion and it was approved unanimously. Mike Mann will have the criteria posted to the website. Before we mow, we will notify the owners in advance.
Harmel will be replacing rails and posts this coming weekend.
The black top at the pavilion is deteriorating and a sinkhole is developing. The property manager was asked to get estimates to do the repairs.
Environmental Control: No Report
Annual Picnic: No Report
Hospitality: No Report
Newsletter: The newsletter will go out next week. This newsletter will be posted on the website and emails will be sent to the membership.
Upcoming Meeting: The next meeting is on March 6th at 1:00 PM at the Lake Anna Rescue Squad.
Comments by Property Owners: Jim Peck is concerned that so few people come to the board of directors meetings. Bob Kleinworth said that if a board decided not to do something and then did it anyway, shouldn’t that require another board vote. The board can change its mind and have a board vote to rescind the earlier vote. It was suggested that a board should not take an action without a board vote.
The meeting was adjourned by unanimous consent.
Respectfully submitted:
Maryhelen Perrigo
Secretary, TWPOA
____________Signature Obtained__________________
Mike Mann, President (date)
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Tara Woods Property Owners Association
Board Meeting October 3, 2004
The TWPOA board of directors met on October 3, 2004 at the Lake Anna Rescue Squad. All board members were present.
Approval of Agenda: The draft agenda was amended to include boat slip assignments, returning performance bonds on lots 10 and 11 and information on a reserve study. Mike Mann motioned to approve the agenda. Al Gam seconded the motion and it passed unanimously.
Consent Agenda
Treasurer’s Report: Grass mowing costs the association $750 a month for 12 months. The operating fund has about $15,000. However $6,000 is in performance bonds that must be paid back and the mowing contract still has $6,000 left to pay. Consequently, we have about $3,000 to work with. We have bush hogged lots 61, 64, 67, 71,69 and 14. Larry Katz motioned to allow the treasurer to pay the contractor and bill the lot owners. Jim Holland seconded the motion and it passed unanimously with Bill Poggi abstaining. Mike Mann asked the Property Manager to come up with criteria for when lots should be cut and it ought to be some height criteria.
Al Gam motioned to approve the Treasurer’s Report and the minutes for August 4, 2004. Larry Katz seconded and it passed unanimously.
UNFINISHED BUSINESS
Lot 69: The owner of lot 69 has not provided a current address so we don’t have any way to contact him. Our attorney has advised that we can proceed to resolve the issue through a non judicial sale process. It is likely that we will only be able to recover 3 years of expenses under a non judicial sale. The process would start with a $50 fee to obtain a judgment against the owner for these expenses. We could then recover these expenses in the non judicial sale. We would also ask for attorney’s fees and costs associated with the non judicial sale, however there is no guarantee that we would receive payment. We would have to ask our attorney if she would take a fee out of the proceeds so that we would not have any out of pocket costs.
Larry Katz motioned that we authorize our attorney to proceed with a non judicial sale of lot 69. Al Gam seconded the motion and it passed unanimously.
Bill Poggi motioned to limit our out of pocket cost to $50 and to ask the attorney to take her fee out of the non judicial sale proceeds. Al Gam seconded the motion. The motion did not pass. There were three votes for the motion by Al Gam, Bill Poggi, and Maryhelen Perrigo.
TWPOA has contracted to pay $9,000 for 15 mowings. We have used the 15 mowings and the grass on the roadways is still growing. Additional mowings will cost $475 for each. Jim Duke motioned to cut the grass one more time. Al Gam seconded the motion and the motion passed with 7 votes for and 2 against (Bill Poggi and Maryhelen Perrigo).
Amendment to the By-Laws: The by-laws were amended by the board to ensure alignment with the new covenants and to add clarity concerning issues that had been raised over time.
After discussion, the attached changes to the by-laws were approved by the board. Larry Katz motioned to approve the amendments and Jim Duke seconded the motion. The motion passed unanimously.
Rental Advertising: In Article VII of the Covenants states that “owners that rent shall not advertise that their dwellings contain more bedrooms than approved in their health permit on file with Louisa County, and occupancy capacities shall be in accordance with Louisa county and Virginia state regulations.” In 2003, the board requested clarification from the county attorney. The county attorney clearly stated that there are no regulations on occupancy, however, the board voted to interpret this section as meaning not to advertise for more than 2 per bedroom. Discussion followed about property rights of owners and whether state health department regulations on septic system design can be interpreted as restricting occupancy.
Jim Holland motioned that the resolution passed by the Board in October 2003 which says that it is a violation of the Tara Woods covenants for rental properties to routinely advertise for more than 2 persons per bedroom be rescinded. Bill Poggi seconded the motion. It passed with 5 votes in favor of the motion, three votes against by David Melton, Bart Cameron, and Jim Duke. Larry Katz abstained.
NEW BUSINESS
Board Schedule: The board discussed having all of the remaining meetings on the weekends. There are only two meetings left during the week in January and April. It was decided that the January meeting will be held on Sunday, January 9th at one o’clock and the April meeting will be held on Sunday April 17th at one o’clock.
Reserve Study: A reserve study is required by the POA every 5 years. It was determined that such a study has not been done in the past. It was decided to discuss this at the next board meeting since there isn’t money to consider doing it this year.
Boat Slips: The Williams (lot 70) raised a question concerning their boat slip assignment. They are assigned number 37. It appears that there is confusion between lot numbers and slip numbers. It was decided to set up a committee to assess our ability to support change requests. In addition, the committee is to come up with recommendations on how we manage the boat slips in the future so that it can be communicated to the membership. Committee members are Bart Cameron, Jim Holland, Maryhelen Perrigo, and Harmel Sabourins.
REPORTS
Architectural Committee: The Ward project has been approved. Bill Poggi asked that he be notified when construction starts so he can determine the baseline for the performance bond.
Property Manager: Harmel Sabourins asked if there is a limit on how many fence sections to remove for access to the lot. There is no set limit, but the fence material must be returned to the association. The gate is working well, but Harmel will be oil soaking the chain so the gate may be left open while these preventative measures are done. There is a sink hole that is damaging the black top at the boat ramp. Repairs are needed
Picnic Report: 18 families (36 people) attended the picnic. Mike Mann thanked Elaine Ellis, Bev Duke, Donna Hoskins, Marie-Clare Kleinworth, Nancy Lear, and Maryhelen Perrigo for donating door prizes. Everyone had fun. A special thanks to Shirley Jones and Bev Duke for organizing the event.
Hospitality: No report
Newsletter: Marie-Claire Kleinworth suggested that we only send newsletters via the mail to those who do not have email. This should save postage. However, we are using the newsletter to notify the membership of board meetings which is required to be mailed by the POA Act. A decision was made to baseline sending the newsletter by email, but to offer mail delivery for any member requesting that form of delivery.
Jim Holland motioned to adjourn the meeting. Al Gam seconded the motion and it was passed unanimously.
Respectfully,
Maryhelen Perrigo
Secretary
Signature obtained
Approved, Mike Mann, President (DATE)
The Association By-Laws are amended by a majority vote of the Board of Directors on October 3, 2004 as follows (new language in red):
Article II
Add at the end of Section 2:
Unless such rights are conveyed by contract, a member may designate in writing to the Secretary another person, such as a long-term tenant or the owner of a residence erected upon a member’s lot, to exercise the rights and privileges of membership in the Association, including voting rights. In such event, the member shall not also be entitled to such rights and privileges.
Add at the end of Section 4, paragraph (A):
beyond the due date established by the Board
Article IV
Amend Section 5 and add a new Section 6 to read as follows:
Section 5. Quorum. A quorum at either a special meeting or the annual meeting shall be ten percent (10%) of the members entitled to vote at such meeting. At any such meeting a majority of all members entitled to vote, as defined in Article VIII, Section F of the Declaration, shall be required to adopt a resolution binding the Board and the Association, unless a greater proportion is required by law or by the Declaration.
Section 6. Voting Procedures. The Board may establish procedures for voting by the Members on any matter other than for election of directors. Such voting may take place at the annual meeting of the Association, at a special meeting of the Association called for that purpose, or by mail. Such procedures may, but need not, provide for proxies or written ballots. Secret ballots may not be utilized for such voting. In all cases, each lot, other than lots owned by members whose privileges have been suspended pursuant to Article II, Section 4 of these By-Laws, shall be assigned two votes, regardless of the number of owners of the lot. If voting is other than at a meeting of the Association, notice shall be given to members of the time when votes are to be counted, and members shall be afforded an opportunity to attend the vote count.
Article V
Amend Section 1, paragraphs (D), (G), and (J), and add a new paragraph (K), to read as follows:
(D) Adopt such rules and regulations relating to the use of Association property, and sanctions for noncompliance therewith, as it may deem reasonably necessary for the best interests of the Association and its members. Any such rules and regulations shall be posted on the Association’s Website.
(G) Select the officers of the Association. It may establish committees of the Association and appoint the members thereof. It may assign to such committees such responsibilities and duties not inconsistent with the provisions of the Declaration or these By-Laws or with law as it may deem appropriate.
(J) The Board shall appoint members of the Environmental Control Committee (hereinafter, “Committee”) to carry out the applicable provisions of the Declaration. The Committee shall serve at the pleasure of the Board. The Committee shall exercise its authority subject to the provisions of Article IX of these By-Laws.
(K) The Board may also establish and levy reasonable fees for the issuance of permits for erecting or placing improvements on any lot, and also for the use of Association property.
Amend Section 4, paragraph (F), to read as follows:
(F) All ballots and envelopes shall be retained by the Secretary for a period of not less than six (6) months. The official tally sheet of all votes shall be retained by the Secretary permanently.
Amend Sections 6 and 7 to read as follows:
Section 6. Meetings of the Board of Directors. All meetings of the Board and Board chartered committee meetings shall be open to all members of record. The Board shall meet at such times as the Board shall determine by resolution. Special meetings of the Board may be called by a majority of the Board or by the President of the Association and shall be held at such place and at such time as the call or notice of the meeting shall designate. Notice of a special meeting may be given in writing or orally at least 24 hours prior to the date of said special meeting, or notice thereof may be waived by the Directors in writing. Notice of the time and place for regular and special meetings and Board chartered committee meetings will be posted on the Association’s Website. Copies of all documents and other written materials to be considered by the Board that are distributed to the Board members in advance of a meeting shall be posted on the Association Website at the same time they are distributed to the Board members.
Section 7. Action Without Meeting. Unless prohibited by law, any action which may be taken at a meeting of the Board may be taken without a meeting if authorized in writing and agreed to by all of the Directors who would be entitled to vote upon said action at a meeting, and filed with the Secretary of the Association. The results of all actions without meeting shall be discussed at the next regular Board meeting and recorded in the minutes of such meeting.
Amend Article VIII to read as follows:
As part of the application for building approval, a $1,000.00 completion bond will be required in the form of cash or letter of credit. This completion bond will be held by the Association to ensure neat and proper maintenance of the worksite and cover any expense for damage to the fence or other Association property. With no costs required for the above, the funds will be returned upon completion of construction conforming to plans as approved by the Committee.
Renumber Article IX as Article X and add a new Article IX:
Environmental Control Committee
The Committee shall exercise the authority granted it under Article II of the Declaration subject to the following standards. Construction plans that require no waiver of provisions of the Declaration and which present no unique or unusual circumstances should be approved. The Committee should consult with the President of the Association prior to acting upon building plans that would require a waiver of any provision of the Declaration or which the Committee finds present unique or unusual circumstances. The President may instruct the Committee to approve the plans and to grant any requested waiver, or the president may refer the matter to the Board for consideration. The Board may then instruct the Committee as to whether the plans and any requested waiver should be granted.
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Tara Woods Property Owners Association
Board of Directors Meeting
August 4, 2004
The TWPOA Board of Directors met at the Lake Anna Rescue Squad. The meeting started at 7:30 PM. Board members present were Mike Mann (President), Larry Katz (Vice President), Bill Poggi (Treasurer), Maryhelen Perrigo (Secretary), Jim Duke, Jim Holland, and Bart Cameron.
Approve the Agenda:
Larry Katz motioned to approve the agenda. Bill Poggi seconded the motion and it was approved unanimously (Jim Holland was not present for this vote).
Consent Agenda:
Treasurer’s Report. The Treasure noted that the only delinquent dues are on lot 69. He listed the receipts from seller’s packages, dues, interest, and mowing. He deposited $1,606 plus we have earned $159 interest. The money market account has about $14,000, the CD has $25,000, and the checking account has $2,035.
The minutes for the June 6th Meeting, the July 18th Special Meeting, and the Annual Meeting was considered for final approval. The Annual Meeting minutes were withheld from the consent agenda.
Larry Katz motioned to approve the consent agenda including the Treasure’s Report, the June 6th minutes and the July 18th Special Meeting minutes. Bart Cameron seconded the motion. The motion passed unanimously (Jim Holland was not present for this vote).
New Business:
Mike Mann summarized the results of the July 18th Special Meeting. Four of the items did not pass.
Jim Peck read a statement expressing his concerns about the re-vote of the 2001 amendments at the Special Meeting. He claimed that the Board had not informed the owners of 3 lots on which dues had not been paid that they were not in good standing (under Article VI, Section E of the Covenants) and had not provided them with an opportunity for a hearing, as he claimed is required under section 55-513 of the Virginia Property Owners Association Act (POA). Therefore, he said that the votes of those members should have been solicited and counted.
The Board members pointed out that the action depriving the three lot owners of their voting rights was taken under Article II, Section 4 of the By-Laws, which expressly provided for such action. They also responded that the cited Covenants section and the POA section addresses use of “facilities and services” provided by the Association and does not address voting rights. Therefore, the POA requirement for a hearing is not applicable to voting and the action of the Board depriving the 3 lot owners of their voting rights was entirely lawful under both the POA and the Tara Woods Covenants and By-Laws.
Jim Peck noted that a prior board had voted to revote the 2001, 1992, and 1995 covenant amendments and questioned how this board could disregard the prior vote in regard to the 1992 and 1995 amendments. He was told that the Board’s action was taken based upon new information that documented that the earlier covenant amendments were adopted by a majority of all property owners, making it was unnecessary to re-vote them. Based on this information, the current Board voted to re-vote only the 2001 amendments which failed to receive such a majority.
By-law update: A committee consisting of Larry Katz, Jim Duke, and Mike Mann will review the by-laws and suggest changes due to the recent covenant changes.
Request for Tally Sheets: There were two requests for the tally sheets including the lots and how each property owner voted. The votes were counted in the open at the Special Meeting. The Board has the responsibility to consider the privacy rights of the members in responding to these requests and the POA authorizes the board to withhold from inspection and copying individual member records. In addition, the requestors failed to state a “proper purpose” to obtain the records. Bart Cameron motioned to release the tally sheets on the recent covenant changes. Larry Katz seconded the motion. The motion did not pass. Larry Katz and Bart Cameron voted for the motion and Jim Duke abstained. The board decided not to provide the requested information according the POA Chapter 55-5.10, section c, paragraph 9.
Gate Pass Policy:
Jim Holland motioned to charge $25.00 instead of $100 for replacement gate cards. Jim added that he was not increasing the number of cards per lot and his motion only concerns lowering the price to $25.00. Bill Poggi seconded the motion. The motion passed unanimously.
Larry Katz motioned that new members are issued 2 cards and the settlement attorney, at settlement, should be requested to place $50.00 from the seller into escrow pending the return of the issued cards from the seller. Bill Poggi seconded the motion. The motion passed unanimously.
Attorney:
Dick Arnold is our current attorney and knows the association. Jim Johnson, an attorney whom the board has consulted in the past, would charge $200.00 to be our registered agent and his hourly fee is $260. Stephanie Buonasera, is a real estate attorney, located in Spotsylvania County, who has represented associations. She would charge $50 to be our registered agent and $125 per hour.
Jim Holland motioned to contact Stephanie Buonasera to retain her to be our lawyer of record. Bill Poggi seconded the motion and it was approved unanimously.
Budget and Capital Planning
Lot 69: In response to a request from Jim Peck, Bill Poggi extensively searched the Treasurer’s records to identify unpaid dues, expenses incurred by the association on lot 69 for mowing, and liens filed (Summary attached to original minutes, but not for publication because of privacy concerns). In discussions with Mr. Arnold’s secretary, Bill found that TWPOA might be able to sell lot 69 using a “non judicial sale”.
Jim Holland motioned to provide this information to our lawyer and get a recommendation from her on how to proceed. Larry Katz seconded the motion and it was passed unanimously.
Bill Poggi also provided a budget impact/cash-flow analysis that showed that if we do not have any unexpected expenses we will only have about $1,646 left in the bank at March 1, 2005 when we collect next year’s dues. This assumes that we stop cutting the grass at the 15th cutting which limits our expense to $9,000 for the year.
He also analyzed the mowing history. In 2002, the cost was $6,800. The current contract is for $9,000 for 15 cuttings. Each cutting after the 15th costs an addition $425. We pay for mowing in monthly payments of $750 over the entire year. In January, February, and March we will still be paying for mowing. The current plan is to cut every other week and stop cutting the grass at the 15th cutting.
Bill stressed that the mowing takes about 36% of our budget and most of this cost is associated with mowing the roadways which are not common area properties. The association is only responsible to maintain common areas and spending association funds on non-common area may cause problems with our other fiduciary responsibilities.
We pay a lot of money to mow when we may not have an adequate reserve fund to repair the docks. The road ways are not common area and do not create a potential liability. The docks pose a significant risk to expending association funds. We have a fiduciary responsibility to assess the risks and provide adequate reserves to make repairs or replacements. At this time, we cannot say that the docks are a safe structure. We need to hire an engineer to conduct a study of the common areas and a reserve plan to fund future repairs.
In the January meeting, we will address budget options.
The budget committee performed an audit of the financial records and concluded that they fairly represent the financial condition of TWPOA.
Reports: No reports were presented.
Upcoming Meeting date and place: The next meeting is October 3rd at Lake Anna Rescue Squad at 1:00 PM
Gift Certificate: Donna Hoskins was presented a gift certificate to Tavern of the Rail for her exemplary performance as our Property Manager.
Approve Annual Meeting Minutes: Larry Katz motioned to approve the annual meeting minutes. Bill Poggi seconded the motion and it was approved unanimously.
Board to hear Comments by Property Owners: Property owners were allowed to comment throughout the meeting. At this time, Jim Peck asked about board member attendance and Donna Hoskins asked about reimbursement for dock repairs.
Comments by board members: None.
Adjournment: Jim Duke motioned to adjourn the meeting, Bill Poggi seconded the motion and it passed unanimously.
Respectfully Submitted:
Maryhelen Perrigo, Secretary
Signature Obtained
Approved, Mike Mann – President, Date
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TWPOA BOARD OF
DIRECTORS MEETING
June 6, 2004
The TWPOA Board of Directors met at Elk Creek Baptist Church. The meeting started at 1:30 PM. Board members present were Mike Mann (President), Larry Katz (Vice President), Bill Poggi (Treasurer), Maryhelen Perrigo (Secretary), Jim Duke, Jim Holland, Dave Melton, and Bart Cameron.
MINUTES
Mike Mann opened the meeting and gave a brief overview of the meeting agenda.
Approve Agenda:
Larry Katz motioned to approve the agenda. Bill Poggi seconded the motion and it was approved unanimously (Bart Cameron was not added to the board at this time).
Fill Board Vacancy:
Dave Melton motioned to have Bart Cameron fill the vacancy on the board. Jim Duke seconded the motion. The motion passed with one no vote by Bill Poggi. Bart Cameron was invited to join the meeting as a board member at this time.
Approve Gift Certificate to Departing Directors:
Jim Holland motioned to approve the gift certificates. Bill Poggi seconded and it was unanimously approved.
Action without Meeting:
The Action without Meeting document will add the statement, “If any member of the Board requests that an action be considered at a public meeting, the matter in question may not be acted upon without a meeting.” Jim Holland motioned to circulate the document for approval. Bill Poggi seconded and it was passed unanimously. (Note: the document will be revised and available to sign at the next meeting).
Covenant Amendment Re-vote:
Jim Holland motioned to drop the 92 and 95 amendments and only address the 2001 amendments for re-vote. The motion was seconded by Bill Poggi. The motion passed with five votes for and three against by Dave Melton, Jim Duke, and Bart Cameron.
(Note: at this point Dave Melton had to leave the meeting. There were 7 directors remaining for the rest of the meeting)
Jim Duke motioned that a failure of any of the modified amendments will result in amending the covenant to pre 2001. Jim Holland seconded it and it passed unanimously.
Bill Poggi motioned to delete the sentence that says; “In its review of plans that are submitted, the committee shall consider the impacts of proposed structure on surrounding property values and may consult owners of surrounding properties”. Jim Holland seconded the motion and it was approved unanimously.
Jim Holland motioned to combine boat house amendments and the approval process as two separate amendments. That is, combine 7, 8, and 12 on boat houses and have a separate amendment for the approval process. Bill Poggi seconded the motion and it was approved unanimously.
Bill Poggi motioned that all dogs must be on a leash on the property owners lot (dropping out this requirement for cats). Larry Katz seconded the motion and it was approved with 6 votes for the motion and Jim Duke abstained.
Bill Poggi made a proposal (motioned) to amend the rental restrictions in article 7, section O. The motion failed because it was not seconded. Since the rental issue was not on the agenda, Larry Katz motioned to table the discussion on article 7, section O (members who rent) until the next meeting. Bill Poggi seconded the motion and it was approved unanimously.
Treasurer’s Report:
Bill Poggi reported that he has paid $750 for mowing, $203 on board expenses ($50 rent for the room, flowers, etc), and $36 electric bill. Bills due but not yet paid are for 3 ½ months property manager wage and $550 for resetting/replace pilings. Bill also discussed the $25,000 CD which has matured. Mike Mann suggested layering the funds to get the best interest rate. There is $18,400 in the money market account. Jim Duke noted that Tara Woods has, in the past, donated $100 each to the Lake Anna Fireworks, Lake Anna Rescue Squad, and the Bumpass Fire Department.
Approve Minutes of Previous Meeting:
Larry Katz motioned to approve the April 21st, 2004 minutes and Treasurer’s Report. Bill Poggi seconded the motion and it was approved unanimously.
Replacing the Attorney:
The board discussed replacing the attorney. Mike Mann asked Larry Katz and Jim Holland to make a recommendation at the next meeting.
Replacing the Property Manager:
Donna Hoskins last day as property manager was June 6th. Larry Katz motioned that the board delegate the decision on selecting a new property manager to the President, Mike Mann. Jim Holland seconded the motion and it was approved unanimously.
Larry Katz motioned to give Donna Hoskins a gift certificate to show our appreciation for a job well done. Jim Duke seconded the motion and it was approved with 6 votes for and Bill Poggi abstained.
Replacing Hospitality Chair:
Since there was not pressing need and no volunteer, it was suggested that the committee discuss and report at the next board meeting.
REPORTS
Property Manager: There were three lots bush hogged on May 15th (lots 71, 69, and 23). TNT will bill Tara Woods and we in turn bill the owners $85. There is a concern that the boat slips were not designed to handle some of the large boats currently using the slips. The gate is currently open and not working. Donna told Harlowe to mow every Friday unless we call to cancel.
Architectural Committee:
Dick Dickens reported that Doug Ward (lot 22) has still not provided color samples, so his application has not been approved. However, the construction is in progress. Dick added that the project would probably pass all of our requirements. There was a discussion about contacting the county to see if they would pull his building permit until we approve the project.
Fourth of July:
Shirley Carestia said the Tara Woods parade will be on July 3rd starting at 11:30. Lake Anna Rescue Squad will sell food and the membership brings desserts.
Annual Picnic:
Bev Duke said the picnic is August 28th and Shirley Jones will write an article for the newsletter about the picnic.
Hospitality: Nothing.
Newsletter:
Marie Claire Kleinworth asked for articles in mid June to be included in the newsletter to be issued after the 4th of July.
UPCOMING MEETING DATE AND PLACE:
The special meeting will be on either July 17th or 18th. Tentatively the meeting will be the 17th and there will be no discussion at the meeting. (Actual meeting date is July 18th, Sunday, 1:30PM, at Lake Anna Rescue Squad.)
COMMENTS BY PROPERTY OWNERS:
Jim Peck asked that the board provide the agenda and handouts and Mike Mann said we will in the future. He also talked about notifying the membership of the board meetings to encourage more attendance. He also wanted to know how much lot 69 owes in mowing and back dues.
SELLERS PACKAGE:
Jim Holland motioned that we provide an attachment to the sellers package that explains the possible changes to the covenants. Bill Poggi seconded the motion and it was approved unanimously.
Meeting was adjourned. Bill Poggi motioned to adjourn. Jim Duke seconded and it was approved unanimously.
Respectfully Submitted:
Maryhelen Perrigo, Secretary
Signature obtained__________
Mike Mann, President (date)![]()
TWPOA BOARD OF
DIRECTORS MEETING
A
Dave Melton made opening remarks thanking outgoing board
members Art Goldbeck, Dick Lear, and Nell West.
He also welcomed new board members Bill Poggi, Al Gam, and Mike
Mann. He asked Maryhelen Perrigo to provide
election results.
The election committee consisted of: Bonni Melton, Carrie Cameron, Kathy Goldbeck,
Peggy Peck, and Maryhelen Perrigo. Out
of 77 lots in Tara Woods, we received 114 ballots representing 57 lots. We did
not send ballots to 8 lots because they had not paid their dues by March 1st. One of the 8 tried to vote by sending a
ballot to the Treasurer with their dues, but was not counted.
Christina Meadows (lot 37) said she understands that the
2001 covenant amendments and others may not be in good standing. If this is so, she is now requesting that
TWPOA reimburse her for the amount of $2,000.
This is the loss on the sale of her 32’ Travel Camper.
Art Goldbeck presented the financial report. He said that there are 3 lots that still have
not paid the current dues, plus the lot that we have not been able to locate
the owner. The Boast house (lot 45) has
not paid the dues and Art requested payment as part of the seller’s package,
but has not received the dues even though the house has gone to settlement. Also,
lots 67 and 68 have not paid and both lots are owned by the Carters.
Based on the advice of outside counsel, the board decided
that there were sufficient questions as to whether proposed covenant amendments
proposed between 1992 and 2001 received a sufficient number of votes for
passage that they should be again sent to the membership for a vote.
Maryhelen seconded the motion. The motion did not pass. Jim Holland, Dick Lear, and Maryhelen voted
for the motion and Larry Katz abstained.
Carol Filippi is resigning from the board effective May 15th. In the past, the person with the next highest
vote was offered to serve the balance of the term (2 years in this case.) Art Goldbeck was asked if he would accept the
position and he declined. The next
highest vote count was for Jim Peck and he also declined. The next highest vote was for Bart Cameron,
but he was not at the meeting.
It will cost $203.40 to renew the website for the year.
The new board members, Mike Mann and Bill Poggi, took their
seats on the board vacated by Art Goldbeck, Dick Lear, and Nell West. The third new board member, Al Gam, was not
present.
Mike Mann was nominated and unanimously elected President.
Larry Katz and Jim Holland were nominated and Larry Katz was
unanimously elected Vice President
Maryhelen Perrigo was nominated and unanimously elected
Secretary
Bill Poggi was nominated and unanimously elected Treasurer.
*
Bill Poggi motioned to adjourn the meeting. Jim Duke seconded the motion and it was
approved unanimously.
Mike Mann, President Date