The Orchards HOA Annual Meeting
January 11, 2014
11 a.m. Meeting Opened
Present: 2013 Board Members: Jessica Dempsey, Janet Prendergast, Corey Bennett, Scott and Heather Woller; homeowners: Dan Oser, Tom Lawson, Linda Manley, Karen Schiffner, Crystal and Scott Spechts, Brian Crow, David and Trish Flowerdew, Jane Button, and Brandie Overbay; Prospective Board members: Tamra Jenkins, Brian Lawrence, Kelley Cullen and Chelsie Moyer; and guests: Cheney Police officers Oakes and Connley.
The Board thanked all those in attendance; this was the best turnout we have had at an annual meeting for many years. Jessica asked them if by changing the meeting day to a Saturday had made it easier for people to attend. The consensus was that it was a better day and time.
Treasurer’s Report: The Treasurer wasn’t present, but the Secretary presented the 2013 Income/Expense Report and the Proposed Budget for 2014 to those present. Janet asked those present if they had any questions regarding either the Budget of the Income/Expense summary. She explained to the homeowners that $15,884.64 was spent on Grounds Maintenance, Snowplowing, Repairs and Improvements, and miscellaneous expense for Fire Lane signs, new tree, and gift cards for Yard of the Month. She explained that was 50% of the total income, before the $10K ($100 from each homeowner’s annual HOA fee) was put into the Orchard’s Road Reserve Repair Fund is taken out. It was moved by David Flowerdew and seconded by Scott Woller that we accept these reports as present; unanimously approved.
Old Business: Crystal Spechts asked the Board for a summation of the legal counsel expenses for 2013.
It was explained to her that they were in connection with excessive complaints made by a homeowner to the Board. We sought an attorney to clarify to the homeowner that the issues that were brought up, despite our attempts to respond to them, were repetitive, and not within the scope of our duties per the Covenants and By-laws. The Board was receiving multiple letters per day, most reiterating old issues to which we had already responded. With the help of Attorney Charles Carroll, we were able to stem the tide of the repetitive mailings. Although we still get emails and phone calls, the volume of the complaints is less but still repetitive
in nature. Some the correspondence was personal attacks on targeted members of the Board, and subsequently, harassment information has been filed by those individuals with the City of Cheney Police Department.
The Cheney Police officers present then spoke with the homeowners, clarifying what they are allowed to enforce in our private neighborhood and answered questions. They are allowed to enforce all criminal acts (i.e. traffic/parking violations, reckless driving, noise violations, domestic disputes, etc.); however, because the Orchards is a private neighborhood, they will not enforce non-criminal acts. They reiterated that they are always available to help or to talk in person, via phone and/or email.
New Business: Election of Officers:
The proposed Board for 2014 was introduced. Tamra Jenkins, President, Brian Lawrence, Vice President, Kelley Cullen, Treasurer, Chelsie Moyer, Secretary, and Mike Dempsey, ARC Chair. Dan Oser asked for a clarification of what the ARC chair is. Nominations from the floor were called for, and the Secretary announced that homeowner, Steve Smith, had called her that morning and asked to be put on the ballot for President. Those in attendance were asked to add his name to the ballot. It is noted that Mr. Smith did not, however, attend this meeting. The vote was taken and ballots passed forward to be counted. Unanimously the officers elected were Tamra Jenkins, Brian Lawrence, Kelley Cullen, Chelsie Moyer, and Mike Dempsey. It was moved that these nominees, duly elected, be our new Board for 2014.
Brian Crow pointed out to those in attendance that per our By-Laws and State regulations, a quorum of 34% of the membership is to be at the Annual Meeting in order to provide an ample voting population. Since we have not been meeting that regulation, he proposed that we do a revision to Article II Membership Meetings 2.05 Quorum stating that in the mailing of the annual letter we notify the membership that we are having the meeting and are going to be voting on an issue(s) which requires a 34% participation. We would ask them to please send in their vote pertaining to the issue(s) to be decided on by a date one week
before the annual meeting. In cases where we do not receive the 34% membership feedback, the vote of those members present at the meeting will serve as a majority vote.
The next Board Meeting will be January 14, 2014 at 6:30 pm at Janet Prendergast’s house.
