Minutes of the
Board of Directors Meeting
Organizational Meeting
January 6, 2011
Date, Time and Place
Thursday, January 6, 2011at 7:00 p.m. at the Claray Clubhouse, located at 2760 Claray Drive, Bel Air, California 90077
Quorum
A quorum was established with the following Board members present:
Pat Brill, Ed Gold, Marshall Mintz, Andrew Tenenbaum, Harold Tennen, and Dan Weingart. General Manager Robert Avila was also present.
Regional Manager Paul Reyes and Superintendent Ricardo Gonzalez from the construction company Reconstruction Experts, Inc. (“REI”) were also in attendance.
Association Members Present
The following Association Members were in attendance:
John Siegler, John Colton, Arthur Bernstein, Ron Pion, Andre & Leslie Stojka, Bill & Mary Perry, and Kathleen Rosenblatt (arrived at approximately 8:20 p.m.).
Appointment to Fill Vacant Seat on 2011 Board of Directors
General Manager Robert Avila opened the meeting by reminding everyone that only two (2) homeowners ran for election to three (3) open seats on the 2011 Board of Directors. Therefore, the Board needed to appoint someone to fill the remaining open seat, pursuant to the Bylaws. Mr. Avila also reminded everyone that a notice was sent to the community asking if any homeowners wanted to be considered for appointment by the Board. Homeowner John Siegler expressed interest in being appointed. Mrs. Brill made the motion to appoint Mr. Siegler to the 2011 Board of Directors. The motion was seconded by Mr. Mintz and was unanimously approved by the Board. Mr. Avila reported that upon reviewing the Bylaws and obtaining a legal opinion, Mr. Siegler’s term will be until the next Annual Meeting.
Election of 2011 Board Officers
Mr. Avila then announced that the Board members needed to appoint the Board Officers for the 2011 year:
Mr. Mintz nominated Andrew Tenenbaum as President. The nomination was seconded by Mrs. Brill. There being no other nominations, Mr. Tenenbaum was appointed as President by a unanimous vote of the Board.
Mr. Avila then turned the meeting over to President Andrew Tenenbaum.
Mrs. Brill nominated Marshall Mintz as Vice President. The nomination was seconded by Mr. Gold. There being no other nominations, Mr. Mintz was appointed as Vice President by a unanimous vote of the Board.
Mr. Tennen nominated Ed Gold as Treasurer. The nomination was seconded by Mr. Mintz.
There being no other nominations, Mr. Gold was appointed as Treasurer by a unanimous vote of the Board.
Mr. Mintz nominated Dan Weingart as Secretary. Mr. Weingart declined the nomination. Mr. Mintz then nominated Pat Brill as Secretary. The nomination was seconded by Mr. Tennen. There being no other nominations, Mrs. Brill was appointed as Secretary by a unanimous vote of the Board.
Open Discussion Period
Mr. Tenenbaum then opened the meeting up to questions and comments from those Association Members in attendance. There were no questions or comments from Association Members.
Status of Claray Pool Area Project
Mr. Avila reported that an issue has come up with the concrete cantilevered deck in the Claray Pool Area that needs to be addressed before the Project can be completed. When preparing to apply the waterproof coating on the deck surface, the waterproofing contractor expressed concern about the exposed rebar that was observed, and said the deck appears to be “sagging” towards the back slope,
which could have cracked the deck causing the rebar to become exposed. The contractor also said the deck should be evaluated by a structural engineer. Mr. Avila then introduced Mr. Reyes and Mr. Gonzalez from REI to further explain the issue and what needs to be done.
Mr. Reyes explained that the deck appears to be “sagging” due to rebar exposure, improper slab support, severe cracking, deflection, and spalling in quite a number of locations on the deck surface and under the deck. Mr. Reyes recommended that the Board have the deck assessed by a structural engineer. Mr. Reyes then presented the Board with a $900 proposal from the engineering firm of Engineering Design Group (“EDG”) to perform an assessment of the deck and to prepare a report of its findings, conclusions and recommendations. Mr. Reyes and Mr. Gonzalez then answered questions from the Board. After discussion, Mr. Mintz made the motion to accept the proposal and retain EDG to provide its services for $900. The motion was seconded by Mr. Tennen and was unanimously approved by the Board.
Mr. Reyes and Mr. Gonzalez were excused from the meeting at this time.
Approval of Minutes
Mr. Tennen made the motion to approve the minutes of the November 29, 2010 Board of Directors meeting. The motion was seconded by Mr. Mintz and was approved by the following vote of the Board: Ayes, Brill, Mintz, Tennen, Weingart; Abstain: Gold, Siegler, Tenenbaum.
Financial Statement
General Manager Robert Avila presented the Board with the November 2010 Financial Statement and explained its contents. A summary of the Association’s financial position as of November 30, 2010 is as follows:
November
Operating Fund |
2010 Actual |
2010 Budget |
2009 Variance |
| |
----------------- |
------------------ |
---------------------- |
| Total Income: |
$
1,321,058
|
$
1,322,704
|
|
| Total Expenses: |
$
1,218,595
|
$
1,279,888
|
|
| |
----------------- |
------------------ |
---------------------- |
| Net Income/Loss: |
$ 102,463
|
$ 42,816
|
|
| Beg. Fund Bal. - 1/1/0 |
$ (953) |
|
| Fund Bal. -11/30/10 |
|
|
|
| |
|
|
|
November
Reserve Fund |
2010 Actual |
|
|
| |
----------------- |
|
|
| Total Income: |
$
290,805
|
|
|
| Total Expenses: |
$
262,746
|
|
|
| |
|
|
|
| Net Income/Loss |
$ 28,058
|
|
|
| |
|
|
|
| Beg. Fund Bal. - 1/1/10 |
$
682,601
|
|
| |
----------------- |
|
|
| Fund Bal. -11/30/10 |
|
|
|
Mr. Avila answered questions from the Board about the Financial Statement. After discussion, Mr. Mintz made the motion to approve the November 2010 Financial Statement. The motion was seconded by Mr. Weingart and was unanimously approved by the Board. Copies of the Financial Statements are available to Association Members, upon request.
Formal Vote on Proposed Amendments to Architectural & Landscaping Guidelines
Mr. Avila reminded the Board that the Architectural & Landscaping Committee (“ALC”) proposed amendments to the Architectural & Landscaping Guidelines (“Guidelines”), which were sent out to the community for the 30-day comment period. After the 30-days, only one comment was received. The comment related to the blanket approval of swing sets and play houses, saying some structures could come in colors that some neighbors would not like, which the Board understood. After discussion, Mr. Gold made the motion to formally adopt the amended Guidelines as presented. The motion was seconded by Mr. Mintz and was unanimously approved by the Board. Mr. Mintz then made the motion to task the ALC with amending Section 2(B), Swing Sets and Play Houses, of the Guidelines to come up with appropriate language that would address the concern about the color of the structures. The motion was seconded by Mr. Siegler and was approved by the following vote; Ayes: Brill, Mintz, Siegler, Tenenbaum, Tennen; Nays: Weingart; Abstain: Gold.
Appointment of 2011 Association Committees
The Board discussed the appointments of the 2011 Association Committees. After discussion, reviewing each committee, reviewing the committee members from 2010, and reviewing the homeowners who expressed interest in serving on an Association committee in 2011, the following committee appointments were made:
Mr. Mintz made the motion to appoint the 2011 Architectural & Landscaping Committee (“ALC”) as presented and amended. The motion was seconded by Mr. Tennen and was unanimously approved by the Board.
Mrs. Brill made the motion to appoint the 2011 Canine Committee as presented and amended. The motion was seconded by Mr. Tennen and was unanimously approved by the Board.
Mr. Weingart made the motion to appoint the 2011 Capital Improvement Construction (“CIC”) Committee as presented. The motion was seconded by Mr. Tennen and was unanimously approved by the Board.
There was a question as to whether the CC&Rs Amendment Committee should be re-appointed because there were differing opinions about how the Committee should be structured and whether the project will be successful, based upon past failed attempts to amend the CC&Rs. Some questions that were voiced included, should more time and money be spent if it will fail again, does the community want to do an amendment? After discussion, the Board decided not to re-appoint the CC&Rs Amendment Committee, as this time, and to discuss whether and how to proceed with the project at a later date.
Mr. Gold made the motion to appoint the 2011 DWP Committee as presented. The motion was seconded by Mrs. Brill and was unanimously approved by the Board.
Mr. Tennen made the motion to appoint the 2011 Emergency Preparedness Advisory Committee (“EPAC”) as presented and amended. The motion was seconded by Mrs. Brill and was unanimously approved by the Board.
Mr. Mintz made the motion to appoint the 2011 Finance Committee as presented and amended. The motion was seconded by Mr. Tennen and was unanimously approved by the Board.
Mr. Tennen made the motion to appoint the 2011 Fitness Committee as presented. The motion was seconded by Mr. Siegler and was unanimously approved by the Board.
Mr. Tennen made the motion to appoint the 2011 Hospitality & Social Committee as presented and amended. The motion was seconded by Mr. Mintz and was unanimously approved by the Board.
Mr. Mintz made the motion to appoint the 2011 Pool Committee as presented and amended. The motion was seconded by Mr. Tennen and was unanimously approved by the Board.
Mr. Tennen made the motion to appoint the 2011 Security Committee as presented and amended. The motion was seconded by Mr. Weingart and was unanimously approved by the Board.
Mr. Weingart made the motion to appoint the 2011 Technology Committee as presented and amended. The motion was seconded by Mr. Gold and was unanimously approved by the Board.
Mr. Tennen made the motion to appoint the 2011 Tennis Committee as presented. The motion was seconded by Mr. Gold and was unanimously approved by the Board.
Mr. Mintz made the motion to appoint Andrew Tenenbaum and Andre Stojka as the Association’s representatives to the Coalition for the Preservation of Open Reservoirs (”CPOR”). The motion was seconded by Mrs. Brill and was unanimously approved by the Board.
Mr. Mintz made the motion to appoint Andre Stojka as the Association’s representative to the Neighborhood Council. The motion was seconded by Mr. Tennen and was unanimously approved by the Board.
Decide Days and Time for 2011 Board Meetings
Mr. Weingart made the motion to establish 7 p.m. on the 4th Tuesday of each month as the day and time for the monthly Board meetings for the 2011 year. The motion was seconded by Mrs. Brill and was unanimously approved by the Board.
Notice from ACS Security of Intent to Increase Rates
Mr. Avila reported that the Association received notice from ACS Security (“ACS”) of its intent to increase its service rate to the Association 4% ($660) per month effective March 10, 2011. Mr. Avila further reported that upon reviewing the Association’s contract with ACS, he found that ACS may not give notice of its intent to increase its rates until “on or after March 1, 2011,” that the increase has to be accepted by the Association in writing, and that with the Board’s approval, he would advise ACS of these findings. The Board agreed and approved of notifying ACS of these contract provisions.
Follow Up on Request for Board Decision on Ravenwood Ct. Private Drive Parking Issue
Mr. Tenenbaum asked Mr. Avila to give a summary of the issue to bring the new Board members up to speed. Mr. Avila reported that the Rosenblatts at 10415 Ravenwood Court want to continue having their residents and guests park their vehicles on the shoulder of the private drive that leads up to their house, stating it is inconvenient for their residents and guests to have to park at the bottom of the private drive in the Ravenwood cul-de-sac and walk up the steep drive to their home, and claiming that there is enough room for Fire Department vehicles to drive by when vehicles are parked along the shoulder. Mr. Avila further reported that he and the Rosenblatt’s neighbors, the Labyorteauxs at 10417 Ravenwood Court, have expressed concern that vehicles parking on the shoulder of the drive could prevent emergency vehicles from being able to pass in a timely manner or at all. Mr. Avila also reported that there was recently an incident on December 23, 2010 when paramedics were unable to get their truck to the Labyourteauxs’ house in response to a call because the truck could not maneuver past vehicles that were parked on the shoulder of the drive - the owners of vehicles were at the Rosenblatts’ residence. The paramedics had to leave their truck parked partially up the drive and respond to the Labyorteauxs’ house on foot, where they ended up taking a patient out on a gurney down to where their truck was parked partially up the drive.
The Board had continued discussions about this issue with Mrs. Rosenblatt, who was in attendance at the Board meeting. Mrs. Rosenblatt continued to express her desire to continue having her residents and guests park their vehicles on the shoulder of the drive. The Board expressed its serious concern about allowing this to continue, saying it could expose them (the Rosenblatts) and the Association to liability if emergency vehicles and personnel cannot respond in a timely manner to an emergency, saying fire/life safety is of the utmost importance. During the discussion, it was noted that the Rosenblatts are also stacking firewood on the shoulder of the drive, which is Common Area. The Board also reviewed a statement from one of the paramedics who responded to the Labyorteauxs’ house on December 23rd expressing how difficult it was to respond to the call, and expressing concern that if there had been a fire the fire trucks may not have been able to get by the cars that were parked on the shoulder of the drive - in summary, vehicles parked along the shoulder of the drive make it difficult for emergency vehicles to access the area.
After a lengthy discussion, Mr. Mintz made the motion to obtain a legal opinion with respect to any liability the Association may have by being put on notice by the paramedic of this problem, that no parking be permitted on the shoulder of the drive effectively immediately until and only if legal counsel opines the Association is not exposed to liability, and that the Rosenblatts be required to remove their firewood from the Common Area of the shoulder of the drive. The motion was seconded by Mrs. Brill and was unanimously approved by the Board.
Adjournment
The organizational Board of Directors meeting was adjourned at 9:25 p.m. An Executive Session of the Board of Directors followed to discuss the following matters:
Executive Session – General Notes
The Executive Session was called to order at 9:35 p.m.
The Board conducted a Member Discipline hearing for an alleged CC&Rs violation.
The Board approved the minutes of the November 29, 2010 Executive Session.
The Board had continued discussions regarding the collection of an attorney’s fees Court award judgment from an Association Member. The Association incurred attorney’s fees and Court costs in filing a lawsuit in order to gain the Member’s compliance with the CC&Rs.
The Board had continued discussions regarding its foreclosure efforts against the property legally described as Tract 31315, Lot 14, Unit 5 (APN #4382-029-124) for delinquent assessments.
The Board had continued discussions about a matter of potential Member discipline as it relates to her refusal to properly maintain her property, in violation of the CC&Rs.
The Board had continued discussions regarding renegotiating a contract with a third party.
The Board discussed its foreclosure efforts against the property legally described as Tract 32229, Lot 6, Unit 8 (APN #4379-035-088) for delinquent assessments.
The Executive Session was adjourned at 1
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