Kings Park West Community Association

Board of Directors Meeting Minutes

June 10, 2009

In attendance: Joe Meyer, Larry Velte, Linda Fournier, Linda Bufano, Virginia Scattergood,

Jim Messinger

Meeting called to order at 7:40pm. 

Approval of May Meeting Minutes: The May minutes were reviewed; but further modification was needed, so approval was delayed until the changes are made.

Treasurer’s Report: The board was informed that the current checking account balance is $3,313.74; there are 2 CD’s in the amount of $5,000.00 each; 4 CD’s in the amount of $5,247.22 each; a reserve CD in the amount of $8,684.13, bringing the grand total to: $42,986.75.

Assessment Response:  There were outstanding late fees on recent payments.  Jim motioned to remove the late fees; Linda seconded; Approved 5-0.  Jim reported on those homeowners about to get liens placed for non-payment of dues. The final letters before lien placement will go out in July.  Currently there are 11 outstanding liens.

Proposed Budget:  Jim reviewed the proposed budget.  Printing expenses went up, and it may be time to look at a new printer for Board materials.  Joe brought up the grass contract.  After further discussion and review, Larry motioned to add the $2,000 to the budget to cover grass mowing expenses on areas owned by the Association and currently maintained by the Civic Association.  Approved 5-0.  Larry volunteered to draft the letter of intent to the Civic Association stating that the Community Association will pay 1/3 or up to $2,000 for lawn maintenance.

Joe moved to accept the proposed budget. Linda F. seconded.  Approved 5-0.

Approval of RCS contract renewal: The Board reviewed the management company contract for the next two years.  It is the same as previous years, with no increase in fees.  Linda B. motioned to accept; Larry seconded.  Approved 5-0.

Goldklang contract renewal: The Board reviewed the Goldklang contract. Seeing no changes, Jim motioned to approve; Joe seconded; Approved 5-0.

GMU-Braddock Meeting:  Joe attended and reported that most construction on Roberts and Tapestry will be finished this summer.  Changes are coming to University Mall; the McDonalds will be moving to where the bank is and adding a drive through window.

Segan, Mason and Mason seminar:  The Commonwealth of Virginia passed a law to set up a “Common Interest Community Board” (CIC)  to provide better oversight of  homeowners associations.  The CIC   will receive and investigate complaints by HOA members against HOA governing bodies, focusing primarily on whether the procedures followed by HOA boards and the decisions they reach are in compliance with the HOA’s governing documents (covenants, by-laws, etc.)  CIC will also look at HOAs’ procedures for addressing members’ complaints.  CIC is empowered to issue decisions about complaints ranging from non-binding decisions to monetary fines against HOA boards, depending on the seriousness of the issue. The free seminar, which was conducted by the law firm used by the Community Association, informed HOA representatives about the powers of CIC and how HOA boards should adjust policies and procedures to ensure they are in compliance.

Corporate Status Renewal:  This will be due in July.

Architectural Reviews:  A homeowner has built a wheelchair ramp; although they did obtain a building permit, it was not submitted to, nor approved by, the association.  In addition, it must meet the standards of the county code.  A home along Commonwealth has added a concrete pad to their driveway in the front; again this must adhere to the county code, even though it was not submitted to, nor approved by, the association.

New business:  The Board received and reviewed a memo from member Armand Fournier regarding the Kings West Swim Club (KWSC).  The Board is concerned that the Association members are made aware of exactly what obligations the Community Association has to KWSC as a result of a successful motion passed at the 2006 Community Association annual meeting.  The 2006 motion passed by the general membership reads as follows: 

In the event that the Kings West Swim Club, Inc. offers to deed the unbuildable portion of the property that it owns at nominal costs, then the board of the Community Association will undertake the procedures in the bylaws and/or covenants to put the question to the membership as to whether or not to accept the property as offered.

The covenants require a special membership meeting to decide whether to acquire additional common land.  While the language of the covenants in not completely clear, the Community Association legal counsel concludes that two-thirds of the total Community Association membership must agree to the acquisition, either in person at the meeting, or if not present, in writing..

The Board agreed that it is in its best interest to ensure relevant information can be found on its Web site and in a timely manner; and that our legal counsel would be contacted for an opinion on the motion, and to define what’s “buildable” vs. “unbuildable”. 

The Board is also publishing an article in the Herald discussing this article, and made sure to correct the article from the KWSC to clarify that the land the membership could vote on to purchase is only the “unbuildable” portion.

In addition the Board will continue to monitor and report on updates from the KWSC.

Election of Officers:  Larry moved to re-elect the current officers to another one year term: President, Joe Meyer; Vice President, Mary Hovland; Treasurer, Jim Messinger; Secretary, Virginia Scattergood.  Linda B. seconded. The slate was approved 6-0 pending Mary Hovland’s acceptance of her position.

Hearing no new business, Joe motioned to adjourn; Virginia seconded. Meeting concluded at 9:05pm.