The Meeting was opened by the President at 7-35 pm Prompt.
The chair stated that video streaming/recording or taping of the meeting is prohibited since we are unsure of the legal position regarding privacy issues. We agreed to consult the HOA’s attorney for advice and it would be considered for next year’s meeting.
Attendees
William Davies – President
Amy Logout Palmer- Treasurer
David Hambleton- Secretary
Eric Keyes – Web Page Manager
The owners of the following properties were represented:
12110, 12111, 12112, 12115,12116 Meriwether Drive
11705, 11706, 11707, 11708, 11713, 11722 Perry Crossing Parkway
12006 York Circle
12007 Prairie Place
12002, 12006, 12010, 121012 Timberfield Court
11901, 11918, 11920, Lewis Drive
12125 Lumberfield Lane
Apologies Recieved
Jimmy Logsdon – Board Member
Attachments
1.Chairmans Report _ see attachment 1
2. Treasurer’s report.- see also attachments 2 & 3
Monies were spent on
- Reincorporating the HOA (expected to
be completed this year)
- Go Daddy (Website Maintenance)
- REMC Street lighting
- Insurance for third party liability and the board
- “Elevate” subscription. This is software which allows the board to identify existing owners to help ensure notices of meetings and HOA dues are sent to the owner.
- Attorney Fees
- Mailing Fees
- Yard Maintenance
Summary of accounts
Starting Balance – $19538
Income $11000 (owners fees plus some previous year fees and late fees)
Expenses $8435
Several owners are delinquent on their 2018 HOA dues and liens or other legal action will be taken shortly after resolution of incorporation issues and discussions with the attorney.
See attachment 2 and 3 for 2019 Ledger and proposed 2020 budget
3 New Board Members
There were no volunteers for the board prior to the meeting . However, three people did state they were interested and would formerly apply through Board@LCsub.com after the meeting.
- Expenditure
In response to a question from the floor the treasure noted that she could not speak for the past but she has a ledger and receipts for all expenditures and it is open for inspection by those present in addition the treasures ledger and proposed expenditures for next year will be included with the minutes of the meeting.
- Incorporation and Enforcement
In response to a question from the floor on how we could enforce payment of annual fees and late fees when the HOA is not presently incorporated and has not been for several years. The president noted that:
The HOA does not have to be incorporated nor does it have to be to exist. We are a legal association whether we are incorporated. However, once we found out that our incorporation had lapsed in 2014 legal enforcement of violations became a problem in the short term. This is because we have to demonstrate that the association is in “Good Standing” with the state and incorporation demonstrates that. In order to demonstrate good standing a for this year and prior years we needed to get reincorporation back. In order to do that we had to demonstrate all our affairs are in order. This is in progress, so far we and our attorney have had our:
accounts reviewed by a third party
tax returns prepared for the years they were not submitted (the previous boards were learning at that time, and this board still is) by the same third party.
Fines paid for non-submission of tax returns
All of these actions allow us to demonstrate that we are in good standing with the state and the final action is to reapply for incorporation which is in progress. Once that is done we can resume legal action against present and past violations.
Once we have incorporation enforcement of all continuing violations will be fully implemented to the extent allowed by law out of fairness to the majority of the owners who comply with the rules.
- Drainage and yard Maintenance
It was brought to our attention that several people have issues with drainage storm water drainage from their property. Several cases were discussed in detail. The board noted this has come up several times in the past and per the restrictions, by laws, and Indiana law the landowner is responsible for drainage from their property.
Drainage swales and profiling of the land for drainage to the storm drains was performed by the builder (how well this was done is a matter for debate based on where you live on the development). Each individual owner is responsible for maintaining that drainage profile and correcting any issues that may occur on their land.
This generally involves mowing and maintaining the profile. If water accumulates on the owner’s property it is the owners responsibility to fix it, The HOA is responsible for the storm grates and the concrete drains or pipes that take the water to the drainage pond. This is a joint responsibility with Fields of Perry Crossing Owners. It was noted they are not legally compliant since they do not have an HOA and if and when there is an issue the board will have to address this with the county and it may involve legal action and costs.
The HOA did note that if owners are having issues with adjacent owners not maintaining the drainage channels in accordance with the builders plans (as required by section 17 of the restrictions available on the website LCsub.com) then the HOA board can help.
Finally, with regard to yard maintenance, please feel free to check the restrictions and by laws, but each owner is responsible for keeping their yard free of weeds, litter and debris. Failure to maintain your yard could ultimately result in the HOA taking legal action against you.
Parking.
Parking restrictions have been enforced at several locations throughout the year, legal or parking fines have not been resorted to. The board notified the relevant owners of the violation and the potential consequence and all the vehicles were removed within a few days.
Block Party/Garage Sale.
The board noted that there is nothing in the restrictions, Covenants or By-Laws that allows money to be spent on block parties or garage sales.
The monies collected are to pay for the electricity used by the streetlights
Drainage maintenance that is outside individual lots and easements (e.g. drainage pond)
Insurance to protect the HOA from legal liabilities
Services to support the board in the execution of its duties
Residents of the subdivision may get together and organize such events but it is not an official function of the HOA.
Lights On Perry Crossing Parkway
The Treasurer who lives on Perry Crossing Parkway has been working with the appropriate owners and we now have agreed two locations for lights to be installed close to the original plan locations have been agreed on. Once incorporation is complete, we will initiate the process of installation with REMC.
Basket Ball Posts
Several people complained about basketball posts being situated on the roadways. The board noted that we have no jurisdiction over the roads other than parking issues since they are owned by the county and there is nothing in the restrictions or by laws authorizing us to act. However, owners can complain directly to the county. The board can also do that on their behalf, the more voices the better. The board encourages everybody concerned to do that.
By Laws – Quorum for changes
Several people asked what it would take to change the bylaws. The board noted that first a proposal for a change in the bylaws must be made to the board. This is then put to a vote of the owners. A Review of the restrictions and by-laws found the following relevant information that interested parties should review.
Restrictions section 21 requires 50% of members of the association in good standing to attend and a majority of those present is required not pass.
By Law article 2, 2, c states that a quorum for the HOA is at least of the owners of which a majority have to vote in favor of a motion for it to be implemented’
A proposal for what to change the quorum to and what would constitute a valid vote should be proposed to the board by the interested parties – the board can then arrange a vote of the owners in good standing and see if we can pass it.
Management Company
Due to the lack of volunteers with available time to perform the duties of the HOA the board has looked at the use of a management company to support them in there endeavors and ensure we always remain in good standing with the state . This option is expensive based on quotes received around 8-10000 dollars a year. At this point in the meeting three people stated they would formally volunteer after the meeting, so this discussion was tabled.
Finally, it was noted that the board is the focal point for all HOA related issues it does not have sole responsibility. The responsibility for compliance with the rules lies with each individual homeowner. Homeowners however can and should bring ongoing compliance issues to the attention of the board for resolution and support providing as much evidence, including photographs, as practicable.
The meeting closed at 9-00 PM
Attachments:
- Chairman’s Report
- Expenditure Ledger 2019
- Proposed Budget for 2020
ATTACHMENT 1
HOA Chairman’s Report : January 2020
- Introduction
I sincerely thank the board for their teamwork and commitment to the business of the HOA. Without their work and support, we would not be able to continue with the work we do to maintain and improve our neighborhood.
- Thanks To Owners
Thanks must go to the owners within the neighborhood. The vast majority are paying their dues on time. I believe this is an indication of their satisfaction with the way the neighborhood is being managed. I also want to thank the owners for their continued commitment to ensuring they are following the approved restrictions and covenants of the neighborhood. This helps to ensure that we continue to be a neighborhood where people want to live and our property values are maintained or increased.
- HOA Business
Over the previous year, we have experienced a tremendous amount of challenges relating to the maintenance of the HOA as a business entity within the state. As of current, we are continuing to experience the same challenges. Due to mismanagement from previous administrations, we have spent an inordinate amount of time and funds dealing with these legal issues over the past year. We continue to do so with the best interests of the neighborhood in mind. As of today, January 6th 2020, we see a glimmer of light at the end of the tunnel. We anticipate that all legal issues relating to the HOA as an entity will be cleared up within the next 45 calendar days.
As a secondary result of these issues, enforcement of some of the ongoing concerns of the owners have not been able to be completed in their entirety. In order to fully enforce many of the by-laws, restrictions and covenants, we must be in good standing with the state as a not for profit entity. While our incorporation status was administratively dissolved by the state, we have been left with little recourse on items such as past due assessments. With the pending reinstatement, this will change and we will again be able to enforce full compliance to the documentation of the HOA.
- Community Participation
It is of the highest importance that we continue to have community participation in the running of the HOA. We currently have three full time board members and two silent board members. We are in need of additional volunteers to take open seats on the board. Please submit requests to participate on the board to board@lcsub.com.
- Security
As of now, we have had limited instances of security concerns. This is relatively normal during the colder periods of the year. I would like to remind all owners to be diligent in the security of their homes and autos, as we certainly expect to see continued illegal activity when the weather begins to warm again.
As a part of a continuing effort to improve security and visibility within the neighborhood, the Treasurer, Amy Logut Palmer has successfully found locations for the additional street lights on Perry Crossing Parkway. Once the legal status of the Association is reinstated, we will work with REMC to get these last two lights installed in the areas where owners have approved. We believe that this will additionally aid in prevention of break-ins within the neighborhood.
- Assessments and Enforcement
Currently, we have a total of 31 owners from 2019 that have not paid their assessments. These owners are subject to continued late fees and ultimately liens and or legal action being taken against them. It is unfair to those of us who maintain our duties to pay our assessments for these owners to ignore their responsibility to being a contributing part of the neighborhood. Once the legal status issue is closed, the board will move to place liens on properties and/or pursue judgements against the owners in the court of law. This is not our preferred method of action, however, it is our duty to the owners that we ensure all owners contribute their share to the maintenance of the neighborhood.
- Thanks
Finally, I would like to thank all of those in attendance and for their contributions to the continued success of the neighborhood in which we live.
William Davis
Chairman
Lewis and Clark Homeowners Association
Attachment 2 Ledger
| Date | Amount | Transaction Description | Balance |
| 19538.20 | |||
| 1/3/2019 | -153.64 | check # 1104 D. Hambleton – printing/mailing supplies | 19384.56 |
| 1/7/19 | 1105.00 | deposit (HOA FEES) | 20489.56 |
| 1/30/19 | 1445.00 | deposit (HOA FEES) | 21934.56 |
| 2/1/19 | -391.62 | REMC bill | 21542.94 |
| 2/1/19 | -0.69 | Money Order from JayC | 21542.25 |
| 2/1/19 | 2975 | deposit (HOA FEES) | 24517.25 |
| 2/7/19 | 1700 | deposit (HOA FEES) | 26217.25 |
| 2/13/19 | 340 | deposit (HOA FEES) | 26557.25 |
| 2/21/19 | -391.62 | REMC bill check # 1106 | 26165.63 |
| 2/22/19 | 170.00 | deposit (HOA FEES) | 26335.63 |
| 3/11/19 | -547.00 | ck # 1107 547.00 Insurance | 25788.63 |
| 3/12/19 | -44.00 | JayC (Stamps) | 25744.63 |
| 3/12/19 | -1.00 | debit card transaction fee | 25743.63 |
| 3/12/19 | 180.00 | deposit (HOA FEES) | 25923.63 |
| 3/12/19 | -2.14 | Dollar General (Envelopes) | 25921.49 |
| 4/17/19 | 845 | deposit (HOA FEES) | 26766.49 |
| 4/18/19 | -413.58 | ck # 1108 REMC | 26352.91 |
| 4/18/19 | -92 | ck # 1109 PO BOX (cashed 5/8/19) | 26260.91 |
| 4/21/19 | 1365 | deposit (HOA FEES) | 27625.91 |
| 4/25/19 | -18.17 | GODADDY.COM | 27607.74 |
| 5/2/19 | 205 | deposit (HOA FEES) | 27830.91 |
| 5/6/19 | -391.62 | ck# 1110 REMC (dated 5/3) | 27439.29 |
| 5/6/2019 | -95 | Sunshine Grass Company (yard) | 27344.29 |
| 5/1/2019 | -18.17 | GODADDY.COM | 27326.12 |
| 6/6/2019 | -413.58 | REMC – phone payment | 26912.54 |
| 6/7/19 | -105 | Sunshine Grass Company (yard) | 26807.54 |
| 6/13/19 | -18.17 | GODADDY.COM | 26789.37 |
| 7/3/19 | -391.62 | REMC | 26397.75 |
| 7/5/19 | 210 | deposit (HOA FEES) | 26607.75 |
| 7/5/2019 | -70 | Sunshine Grass Company (yard) | 26537.75 |
| 7/23/2019 | -125 | Clark Annual GIS ELEVATEMAPS | 26412.75 |
| 8/4/2019 | -70 | Sunshine Grass Company (yard) | 26342.75 |
| 8/4/2019 | -391.62 | REMC ck# 1111 | 25951.13 |
| 8/8/2019 | -70 | NWSB Research Fee (bank statements 2013-2018 | 25881.13 |
| 8/24/2019 | 330 | Deposit HOA dues | 26211.13 |
| 9/27/2019 | -391.62 | REMC ck# 1113 (dated 9/4/2019) | 25819.51 |
| 9/27/2019 | -413.58 | REMC ck# 1115 (dated 9/23/2019) | 25405.93 |
| 9/30/2019 | -349 | ck#1112 American Family Insurance | 25056.93 |
| 10/1/2019 | -155 | refund for overpayment 12013 Lewis (Doug Long) | 24901.93 |
| 10/10/2019 | -70 | Sunshine Grass Company (yard) | 24831.93 |
| 10/10/2019 | 320 | HOA dues (12004 York and 12013 Lewis) | 25151.93 |
| 10/24/2019 | -1200 | Tax Prep 2013-2018 ck# 1116 | 23951.93 |
| 10/25/2019 | -750 | Fines IRS, yrs 2015-2017 $250 each ck# 1117 | 23201.93 |
| 10/27/2019 | -35 | Sunshine Grass Company (yard) | 23166.93 |
| 10/27/2019 | -70 | Sunshine Grass Company (yard) | 23096.93 |
| 11/4/2019 | -391.62 | REMC (paid by credit card – auto pay) | 22705.31 |
| 12/4/2019 | -391.62 | REMC (paid by credit card – auto pay) | 22313.69 |
Attachment 3 Proposed Budget 2020
| HOA Expenses 2020 | ||
| Expense | Description | Cost |
| REMC | Street Lights | 4800 |
| GODADDY | Website | 240 |
| American Family | Insurance | 350 |
| Taxes | Must file taxes for the HOA annually with IRS | 200 |
| PO BOX | Maintain one address for the HOA | 100 |
| Postage, misc office | For communication with HOA members and to pay all invoices | 250 |
| Law Services | to maintain representation and INC status (estimate) | 1000 |
| 6940 | ||
| Adding two new lights, locations have been identified with homeower approval – costs will increase slightly | ||
| Unforseen expenses in 2019 includes IRS fees and maintenance of yards in vacant home | ||