MEETING MINUTES

Legacy Estates of Enoch HOA Meeting

December 15, 2011

The meeting was called to order on December 15, 2011, at 7:10pm in the upstairs room of the Enoch City Library. Aaron Alton conducted the meeting. Members in attendance were: Aaron and Lacy Alton, Stephen Ashworth, Matt Barton, Dustin and Lynette Whittaker, Rob Wagner, Shane and Crystal Johnson, Matt Pace, Jay Grimshaw, Roger Grimshaw, Natalie Wilson, Jason Hamilton, Mark Dalton, Brendan Dalton, Roy Wilcock, Barry Pearson, Cherie Pearson, Dennis Ayers, Carol Rohrer, Taiga Rohrer, Andy Funderburk, Rob Mitchell, Lyn Grimshaw, Jay Grimshaw, Shelley Whittaker, Roger Grimshaw, Dustin Carter, Hillary Carter, Chad Holmes

John Pace Sr., John Pace Jr., and Robert Mitchell gave proxy to Matt Pace.

Aaron Alton opened the meeting seconded by Lynette Whittaker turning the time over to Stephen Ashworth who covered the minutes from the last meeting on June 15, 2011. Minutes were passed by a unanimous vote.

Stephen Ashworth then reviewed the current expenses, income, and the proposed budget for 2012. The budget passed by a unanimous vote.

Aaron Alton spoke about the association and where we currently stand.

1.       The organization had to change its name from Legacy Estates Homeowners Association to Legacy Estates of Enoch Association because the name was already taken. The original bylaws remain unchanged.

2.       The board set up bylaws to come into compliance with the state. Deadline for compliancy was missed, being July 2011. The board reviewed the bylaws, and wanted to make them more lenient. He encouraged input from all homeowners.

3.       Rob Wagner asked Aaron to clarify that the bylaws are not recorded; the CC&Rs are recorded which refer to the bylaws.  

Lynette Whittaker presented the Association plan discussing Member responsibilities. She introduced the website: www.LegacyEstatesofEnoch.blogspot.com and discussed its features and functionality. She then pointed out the differences between an HOA and CC&Rs. Lynette Whittaker then compared the original bylaws with the proposed amended bylaws. Aaron Alton clarified that the homeowners still have the ability to overthrow the Board’s decision. The board cannot meet together and pass rules alone.  The homeowners must vote.

The floor was then opened to the homeowners for discussion, using Parliamentary Procedure.

Much discussion was made back and forth regarding the acceptance of creating an HOA. Many members do not want a HOA and feel the current CC&Rs are sufficient. Other members feel an HOA is necessary because the current CC&Rs are not working. Much concern was expressed on both sides of the discussion. A few concerns expressed included: cost of the HOA membership fees increasing, the HOA being too strict, and the cost of collecting fees. Suggestions were made to create an HOA with the intent to dissolve it once the neighborhood was further settled. Nothing was finalized. No voting took place.

Lastly, no, Brendan Dalton you do not need to dig a basement. J

Voting on the amended bylaws did not take place. It was decided that the homeowners should once again look over the current bylaws, and send written proposals to the board of changes they’d like to see happen. The bylaws are posted on the website for easy access for all.

The date of the next meeting was scheduled for January 25_, 2012, 7:00pm, at the Enoch City Library. Proposals must be to the board by January 11_, 2012.

Aaron Alton moved to adjourn the meeting, seconded by Lynette Whittaker.

The meeting was adjourned.

Legacy Estates of Enoch HOA Meeting

June 15, 2011

The meeting was called to order on June 15, 2011, at approximately 7:30pm in the upstairs room of the Enoch City Library.  Aaron Alton conducted the meeting.  Members in attendance were Aaron Alton, Stephen and Sandy Ashworth, Roger Grimshaw, Matt Pace, Dustin and Lynette Whittaker, Taiga and Carol Rohrer, Joey and Kelli Garrett, Andy and Nicole Funderburk, Dennis Ayers, Tom Comstock, Barry and Cherie Pearson, Shelley Whittaker, Matt Barton, Dustin and Hilary Carter, Will Arcularius, James and Kathryn Gerleman, and Crystal Johnson.  Judy Tuckett sent her regrets and the following members sent a written request for proxy votes.

Matt Wilson gave proxy to Lynette Whittaker

LaDawn Berkey gave proxy to Shelley Whittaker

John Pace Jr., John Pace Sr., and Robert Mitchell gave proxy to Matt Pace

Aaron Alton began the meeting explaining the current state of Legacy Estates and the two scenarios that the members could adopt:  The first being to incorporate the subdivision and become an HOA, and the second being to legally change CC&Rs and record with the county.  A motion was made to incorporate and become an HOA.  The motion was seconded and passed with each member voting unanimously.

Nominations were then made for the Board of Trustees.  Each nomination was seconded.  Members nominated were Aaron Alton, Lynette Whittaker, Matt Barton, Robert Wagner (not in attendance), and Stephen Ashworth.  As there were only five selections, each nominated member was elected unanimously by secret ballot.

Aaron Alton read the bylaws containing information relevant to the Board of Trustees.

Joey Garrett then asked that before the meeting proceeded any further, that each member in attendance would stand and introduce themselves.  This was done.

The Board of Trustees then agreed to meet separately to appoint a presidency.

Monthly dues were then discussed among the members.  Suggestions were made from $20 per homeowner to $120 per homeowner annually.  After the discussion, it was proposed that the HOA collect $30 per lot owned on an annual basis.  After the first year, the fees will be reevaluated.  Aaron Alton, the developer, was given a credit of $520 towards his annual dues based on the work and expenses he had incurred for the previous years.  The motion was seconded and passed unanimously.  Dues will be invoiced and due by August 1, 2011.

Another motion was made that if any issue goes to litigation (and we have not collected enough money from annual dues), members of the association will pay lawyer fees based on the percentage of lots they own.  The motion was seconded and passed unanimously.

The fencing issues were addressed.  Some members would like to install vinyl fencing.  Other members would like to install temporary fencing to protect their gardens.  Although this issue was discussed among the present members, it was never brought to vote.

As it was getting late, a motion was made to adjourn the meeting with the charge that members should go home and read their CC&Rs/Bylaws and submit any changes they would like made.  These suggestions and changes would be reviewed by the Board of Trustees and placed on the agenda for voting at the next meeting.  After all changes are made and the CC&Rs and Bylaws seem satisfactory to the Board and the Members, they will be submitted to the lawyer for review and to file with the county.

The meeting was then adjourned.