Annual Meeting -- Gardens South HOA

The following minutes are in DRAFT form and have not yet been formally approved by the Board but I was instructed to post them so that those not in attendance would be better informed.

GARDENS SOUTH

HOMEOWNERS ASSOCIATION
ANNUAL MEETING
MINUTES
December 8, 2012
Lexington Hotel Conference Center
Meeting was Called To Order by Jason Schall. Board members in attendance were Dwaine Hatch and Chip Bair. Kimberly Graff represented the Management Company.
Welcome to All Owners present. We want to extend a thank you to Dan Steurer and Terry Brotherson, due to other commitments they have resigned from the Board. Their participation on the Board and assisted in the berm project.
Year in Review: Jason Schall reviewed topics that the Board had been working to resolve this last year.

• -  A repair was made to the asphalt next to the pool
  
• -  A Crack in the pool plaster was repaired
  
• -  Wooden steps and handrails, repaired and in some areas replaced
  
• -  Fence by the swimming pool completely replaced
  
• -  A few issue were dealt with this last year:
  

o Fire in C building
o Water damage in a few units o Broken water lines repaired

• -  The board had the sewer at the front of L & M scoped. The units that sit above all drain down towards L & M buildings we wanted to be sure that the earth movement had not effected the main sewer line.
  
• -  Another hurdle to overcome before anything could be determined on the demolition of the southern half of L building was dealing with HUD. One unit was owned by them and the time it took to track down someone that was willing to make a decision took months and we needed titles before we could destroy the property.
  
• -  This Board has attended many, many meetings with the City Attorney, our own HOA Attorney, and the other two Owners with their Attorneys to move this project forward. The Board has logged 100’s of hours; 1000’s of travel miles to keep this project moving forward. The restaurant is not participating and we had to make adjustments to assure we were not encroaching upon his property.
  
• -  The berm project is moving forward, it took longer than any one of us thought. It was not the intent to not inform Owners of progress, but when it had only been progress of the contracts/agreements between the Attorneys, the Board felt that it was menial information. We still couldn’t provide a date of commencement. It is projected to move with demolition this next week.
  Report from Attorney: Joseph Hood, Vial Fotheringham
  

• -  Introduction of Joe Hood, he has been assisting with this berm project this last
  year and he would like to publicly thank Jason for all his hard work.
  
• -  We have been dealing with many agreements for this berm project
  

o Easement agreements: from the DQ land owner, the motel, and the section between Gardens South and the DQ. All easement agreements have been signed.
o Cost Share Agreement: Each participating Owner contributed their % of land interest in the shared expense to make this berm possible. This agreement has been signed

• -  All funds have been collected.
  
• -  The last step that Owners here today must vote for is a waiver/release and
  Indemnification. Barco for liability reasons (insurance) needs to be waived of any damage that may be caused due to land movement while they are on the property during this construction. The waiver does not release Barco from damage caused due to their neglect, but if the land was to move (any natural earth movement) while they are there and damage is caused they cannot be held responsible.
  

o It is noted that per the By-laws a quorum is present; Quorum is those Owners present at such meeting shall constitute a quorum. Vote is passed with a 50% majority vote of a quorum.
o Question was asked how much more money is this going to cost us. This waiver and moving forward with the berm is not going to cost any more funds. We have collected the funds necessary to this point. Future reconstruction of L and M is a different matter.
o Homeowner indicated that more communication is needed. They don’t live there and don’t know as to how things are moving. It was noted by the Board.
o Question was asked regarding the bidding and if localized to the St. George area. The City solicited the bids and chose the winning bid. The HOA did not have an opinion.
o Vote was taken with a raise of hands, all present in favor. Vote was counted 49 total Owners in person or by proxy.
Insurance Review: LaMond Woods from Sentry West

• -  LaMond reviewed, last year the association was very fortunate that we were able
  to acquire low quotes, this last year due to several claims and over $250,000 in damage the insurance company was not going to renew. After several months of contact with underwriters, and the deductible increasing we acquired a quote. The insurance premium double from last year.
  
• -  Review of coverage and Owner responsibility.
  Election of Board of Trustees: Two positions on the Board have come up for election. Nominees included Brooke Gleave, Chip Bair, and Dwaine Hatch. Open nominations from the floor. Ballots to be filled out and pass to center of isles. Collection and counting of ballots by Karen Hatch.
  Review of Finances: Kimberly Graff, Association Manager. Review of the 2012 Income/Expense statement and Balance Sheet. The 2013 Budget was reviewed, broken down as to how much an individual pays each month for water, trash, and cable. Please note that nothing was increased in the monthly expenses except Insurance.
  

- Concern expressed about number of rentals within the Community. The problem with that is knowing exactly which units are renting vs. family use. If you know of rentals in your building please report so that we can account for units that are in violation.

LANDSLIDE ISSUE:
- Question as to how long are we expected to wait before we know if renovations can be done
to L & M building. We do not have a time frame from the City but they have hinted at 1 year to monitor.
Election Results: The results from those present elected Dwaine Hatch and Chip Bair to serve 2- year terms.
MEETING ADJOURNED