BEAR HOLLOW VILLAGE
HOMEOWNER’S ASSOCIATION
PARK CITY, UTAH
2008 ANNUAL MEETING
MINUTES
The 2008 Annual Meeting of the Bear Hollow Village Homeowners Association was convened on December 8, 2008at 7:15PM, MST in the Santy Auditorium, Library & Education Center Building, 1255 Park Avenue, Park City, Utah.
The following 30 Owners (32 votes) signed the attendance sheet and were present:
Ron Bryce Howard Butt John Chambers
John Charles (2 votes) Kevin Charles (2 votes) Kathryn Charles
James DeMarco Kathy Drage Luis Franco
Lianne & David Goldberg Brad & Melissa Holiday Jody Lodrick
Bill Lundskog Robert & Elaine Larson Karen Malm
Rick McConnell Duane & Jan Mueller Gary Niethamer
Craig Norton Tim Nemeckay Rich Mularski
Dan Rawson Rich Sippos Carrie Shoaf
Susan Russell Rich Southam Tom Wilden
Jay Waterman Benny & Becky Yih Greg Watkins
The following 84 Owners (84 votes) were also represented by virtue of Proxies received:
Mark Adams Elliot & Joe Arking \ Dawn & Ron Baddock
Shauna & Rod Badger Jim & Martha Bale Leslie Barr
Tim Bauer Roland Bazail/Sarah Barber Deborah Beck
Clayton & Maria Bertholf Madeleine & Scott Blanchard Robert Booth
Michael Brodsky David Brodstein Ivan Broman/Harold Bradford
Don Brummel John & Mary Burrows Frank Chessa/Susan Stark
Matt & Whitney Cohn Jon Connor John Cunningham
Marie DiLorenzo/Thomas Marfing Pamela Dorricott Richard DuPont
Steven Earnshaw Dale & Anna Fairchild David & Rosemarie Frankle
Jennifer Friend/Paul Scott Randal & Camalyn Gaines Paul Gardner
James Geimer Lisa & Andrew Ginsburg Gregory & Felicia Head
Chaig Hellmers Marilyn Henderson Sheldon Hoffman
John & Debbie Huff Jeff & Wendy Hughes Tom & Julie Kelsey
Ted Kennedy Retta Kern Stan & Whitney Kozlowski
David Kruszenski Steve LaFredo Silvia Lee
Joel & Mila Levy Charles & Garlyn Lewis Tom Ligon
Joe & Betty Maestas Linda & Fadi Matar Russell McFarland
John Molenaar Kent Morris Jan Mulligan
Richard Murray Jennifer & Tim O’Connell Nikolaj & Maryanne Owcharuk
Daniel & Susan Pereles Mark & Rita Puckett John & Julie Rader
Laura & Ervins Ramanis Amy Rieders Randal Rupert
John & Pam Ruprecht Pamela & Bernard Ryders Brittney Sacks
Farrokh & Ann Sadr Brent & Barbara Sanford Gandolfo & Susan Schiavone
Lawrence & Jeana Schott Jonathan Schwartz James Sevier
James Shaw Marlen & Candice Silverii Steve & Carol Skony
Jeff & E.Shotwell Smith Rita Stevenson Peter & Hans Strom
Karen Suy Lewis Trust Johnny Tsai Kevin & Heidi Tucker
Robert & Sandra Vandergriff William Wright, Jr. Ted Yarbrough
A Proxy representing BHV Partners (Office Building – 5 votes) was received from Randal Rupert and these votes were represented at the meeting by Proxy.
A Proxy representing Hamlet Homes Corporation and the Developers 6 Units (24 votes)
was received from Michael Brodsky and these votes were represented at the meeting by Proxy
and Michael Brodsky who was present.
(Note : 6 Owners had voting rights suspended at time of meeting).
Mr. Nick Mingo, Trustee & Vice President of Hamlet Development Co., was present.
Also present was Mr. Jim Simmons, All Seasons Resorts (Clubhouse Manager).
The meeting constituted a quorum.
Howard Butt, President of the HOA, opened the meeting, welcomed all in attendance and thanked the Owners for coming together as a community for the meeting.
Howie gave an overview of the HOA activities over the past year, communications with the Owners and general information as follows:
- There are 266 individual homes/ units in the community. According to the information provided to the HOA, we have 54 full time residents , 10 units are rented to full time tenants and 202 units are second homes for their owners.
- Owners / Members come from 25 different states, Canada and Mexico. The largest representations of owners are from the following states: Utah(90), California(64), Florida (15), Arizona (15), Texas (14), Nevada (10), New York (7), Illinois (7), New Jersey (4), Maryland (4), Minnesota (4), Georgia (4).
- Since 2002 there have been 131 owners who have sold their homes in Bear Hollow Village and 131 new Owners have joined the community. All Owners that have left have done so in good standing with no outstanding dues owed, illustrating the efficiency and diligence of our billing process and financial oversight.
-The national financial situation has also impacted our community/ Owners– there are 6 owners whose voting rights have been suspended due to non-payment of dues. One property is in foreclosure, three owners are working on bringing their dues status up to date and one has gone to legal action. All expenditures incurred by the HOA to pursue delinquent dues accounts arerecovered from Owners when cases are settled.
-in 2008, the HOA sent Owners the following documents in efforts to keep all Owners informed as best possible on community issues…
- Minutes of 2007 Annual Meeting
- Spring 2008 Newsletter
- Summer 2008 Newsletter
- Fall 2008 Newsletter
- Notice of 2008 Annual Meeting, 2009 HOA Budget, 2009 Revenue Projections
Trustee Jody Lodrick discussed how the Trustees work together as a team and their being in constant communication with each other throughout the year about any and all BHV issues. He advised we strive to keep the community functioning properly and efficiently.
Trustee Susan Russell mentioned the upcoming winter snow season and reminded all owners to please be aware of the parking rules and signs posted in the community. The plows need to be able to properly work the streets for snow removal so please be aware of this. Also, there has been a very big problem with owners/tenants not picking up after their pets. Mutt mitts are at stations posted throughout the community and it is the responsibility of the pet owners to pick up after their pets. There have been verbal messages directed to known offenders and the Trustees
will notify Summit County Animal Control officials if problems persist.
Trustee Greg Watkins provided an update on the Clubhouse and actions taken to maintain it throughout the year, as follows:
- Unexpected expenses were occurred in 2008 due to roof damage from last years snow removal. Due to the damage, the heat tape and gutters had to be replaced and expanded to make it more effective and efficient.
- -The railing around the clubhouse and various other areas received a paint touch-up.
- A new BBQ grill was purchased for the pool area and will be put in service in 2009.
- We eliminated the lights around the Clubhouse roof lines due to the cost and maintenance involved to keep them functioning properly.
- The pool was drained this Summer when All Seasons Resorts took over managerial duties due to the finding of unhealthy water conditions. The bacteria and mineral levels when tested were at dangerous levels so the decision was made to completely drain the pool and acid wash it to clear the problem.
- The exercise equipment is tuned every six months.
- There is some ceiling damage in the lobby from a leak. Rich Mularski is in the process of repairing the damage and repainting the affected area
Howie added that the access card system issues have been worked on diligently and the majority of problems experienced by Owners have been resolved. The system problems included the computer not recognizing cards as valid and damaged software files; individual Owners cards may still need to be replaced if they are still not working. Owners should contact All Seasons Resorts to request a replacement card if needed.
Howie reported that the final lien issue impacting the community from the bankruptcy of the original developer has been settled. Liens filed against 13 units by the AJC Architects Inc. have been removed and released and the matter settled.
The Trustees then presented an overview of the Contracts negotiated this past year with service providers:
Landscaping Services – Red Barn Landscape was chosen after bids had been requested, reviewed and the service provider selected. Red Barn was one of the most economical and has performed nicely this past Spring / Summer season at Bear Hollow. A set monthly price was decided upon for services instead of an “ala carte” pricing method. This has saved money and provided good quality service to the community. It is felt that the community appearance has improved due to Red Barn’s actions. We have a Grounds Committee comprised of full time Owners in the community in place and they correspond with Howie on a regular basis to help identify problems and maintenance issues that need to be addressed. Appreciation was extended to all the Owners who assist with keeping a watchful eye on our community.
The Clubhouse management contract was also modified and awarded to All Seasons Resorts. Contractual services were added and there will be an attendant at the clubhouse for approximately 10 hours a day through the winter season to keep an eye on things. There will also be an attendant at the Clubhouse during the July / August heavy rental season from the softball teams in town for tournaments in the area . The Trustees advised we are all in this together and ask that everyone obey all of the Clubhouse rules and regulations.
A question was raised about the refilling of the pool and how often this may have to be done due to the amount of money that was spent on this. When it was determined that water conditions were so bad it was unhealthy to try to treat the water, so the decision was made to drain it and use an acid wash to rectify the problem. The water had been in the pool since 2004. Howie noted we do not anticipate having to drain the pool anytime soon again, but all pools require periodic maintenance. Summit County Health officials check our pool and spa regularly to make sure we are in compliance with standards.
Snow removal contract – Red Barn was also chosen for the snow removal contract. Howie has been in contact with the foreman assigned to monitor services to Bear Hollow and he has done extensive conversations and community tours to make Red Barn aware of our needs and expectations. Snow removal services will be closely monitored. There will be salt applications to the roads as needed. Salt needs to be carefully applied to prevent soil and sod problems. Salt application amounts and frequency depend on snow fall amounts, temperature, wind and other factors.
The Trustees responded to the following questions from Owners:
Top coating of street’s? Is this the owner responsibility or the HOA? The HOA is responsible for the maintenance of all private roads in the community. Nick advised that a slurry seal coating was applied in 2006 to some areas and when Hamlet is finished with construction there are a few other areas that will need to be done. Howie advised that we have a Grounds Reserve fund that has factored in the need to maintain the roadways.
Owner John Chambers asked when and if Bobsled Blvd. had been dedicated to county control. He felt that once that had been done that we could have the county plow that road, therefore saving the HOA money on snow plowing. Mike Brodsky noted that the county acts on a tier system when it comes to plowing and top priority are the roads with school bus routes and/or county bus stops. The counties tier system determines when the roads get plowed and he felt this was not such a good suggestions since BHV would be considered a very low priority on their tier system.
Mr. Chambers asked about all Association information being common knowledge and having it placed on the website for viewing. He would like all information listed on the website for everyone’s access. Howie mentioned we are a Utah non-profit corporation and are in full compliance with all applicable laws and regulations. There is no requirement that we maintain a website, but we do so for the specific purpose of conveying information to the Owners as best possible. All Association business records are kept on file in the Clubhouse for anyone to view. There is already much information about the HOA posted on our website www.bhvhoa.com We also use Quickbooks Online software and all our financial records are recorded and available for viewing via the internet upon an owner’s request to do so.
Mr. Chambers also requested that Minutes of Trustee meetings be posted on the website – Howie replied that this will be done.
A question was asked about the security guard at the Lodge building. The Lodge has their own Association and that is controlled by them.
Owner James DeMarco suggested that All Seasons should have one person attending to both the Clubhouse and the Lodge instead of paying two people. Nick noted that these are two separate non-profit organizations and that is not the way it needs to be handled. There are many differences between the two Associations. Jim Simmons mentioned that they provide services to 4 different property locations from within the Lodges building and they are all very separate. After further discussion it was felt by the majority of Owners that this was not an idea to pursue.
Howie mentioned that we do our best to maintain the common area’s of the community, but the Owners need to do their part as well. Owners must maintain their individual homes, especially staining decks and painting the exteriors. Also, any unsightly items outside of the home should be removed. We have a No Unsightliness Policy that can be used to mandate when things need to be fixed or maintenance performed if Owners do not voluntarily cooperate. Homeowners need to be pro-active in maintaining their properties to avoid more costly repairs that will be caused by severe winter and summer weather factors in Park City.
Rich Sippos spoke about some current findings in some townhome rental units that he is responsible for. He found one unit (built by the original developer) did not have its fire suppression system hooked into the water line. This could affect the entire 4 unit townhouse complex if a fire was to break out. Other units were found to have defective parts or to be not adequately filled with antifreeze solution to prevent pipe freezing. He also added if a suppression system is not checked annually and if a problem does arise and it is noted it has not been checked an insurance claim may be denied.
This should be a reminder for all Owners to address this safety concern in their individual units.
An owner asked about information on home exterior colors being made available to Owners. Howie mentioned that there is no information available on colors used by the original developer, but Hamlet has information on the color schemes they used. Howie will work with Nick to get this information posted to the HOA website.
Nick Mingo gave a Developers Report on behalf of Hamlet Homes:
- The 8 unit Bear Claw Condominium building has been completed and 4 units have been sold. - There are 5 Lodge condo units remaining for sale in Building D.
- There are 2 single-family home lots left on Luge Lane to be developed.
- The last condo building ( Building B) has the foundation in place but further construction will
not begin until market conditions improve.
Nick Mingo presented a Treasurer’s Report on the Association finances, summarized as follows:
- the HOA maintains 3 separate reserve funding accounts, all are in Liquid CD’s
with Washington Mutual Bank, they have the following balances as of 12/5/08..
GENERAL RESERVE - $ 13,604.95
CLUBHOUSE RESERVE - $ 48,246.78
GROUNDS RESERVE - $ 61,162.12
TOTAL - $ 123,013.85
- We have $ 21,160.48 in our checking account as operating capital and an additional $1,214.84 in un-deposited funds at this time. (note – these amounts change frequently as funds are received / expended).
- Nick advised that the Monthly Check Disbursement procedure which requires the co-approval of himself and Howie for disbursement of HOA funds via check is working very well. All Washington Mutual Bank monthly Statements for all our accounts are mailed directly to Nick and he reconciles them with the Disbursement Report sent by Howie.
- All HOA expenses are paid by check and both Nick and Howie co-approve all checks before they are disbursed. All HOA bills are current and paid on time.
- During 2008, we borrowed $65,000.00 from our reserve accounts early in the year to pay for snow removal expenses incurred. As of this date, $45,000.00 has been replaced and the remaining $20,000.00 will be returned to reserves by year end.
- An additional contribution of $5,000.00 will be added to our reserves by year end.
- All Association funds are accounted for and the finances of the Association are invery good condition.
Mr. Chambers asked if the current reserve levels are adequate to fund any future contingencies. Howie explained that our Reserve Study has identified our anticipated future needs for the Clubhouse and our infrastructure and we maintain separate reserve accounts to specifically address each of our need areas. At this time we are probably slightly behind in reserve contributions but we should be able to make up those funds shortly.
Owner Carrie Shoaf commented that we all are aware of our great HOA and the very low dues that we pay and as an owner she would rather see us put some extra money in reserves by possibly increasing the monthly dues than having to worry about it down the road when we need it. Howie mentioned that there will be a 5% dues increase in 2009 and that current owners need to pay only their fair share of future expenses.
The 2009 Revenue Projection Report and the 2009 proposed Budget were presented and reviewed line by line by Howie. 2008 expenses thru 11 months were also reviewed. It was pointed out that landscape expenses were higher than in 2007. Howie explained that this was due to a full year all inclusive contract with Red Barn for both landscape and snow removal services; monthly expenses were more evenly apportioned to allow the HOA to better manage revenues and expenses throughout the year.
A Motion was made by Owner Jay Waterman to accept the 2009 Budget as presented; seconded by Owner Rich Sippos. The 2009 Budget was approved by the membership as presented.
The meeting was opened for nominations for Trustees. It was noted that current Trustees (Jody, Nick and Howie) are currently serving in the second year of their 2 year elected terms.
Current Trustee Greg Watkins has requested re-election ( to a 2 year term).
Current interim Trustee Susan Russell has requested election (to a 1 year term).
Owner Bill Lundskog made a motion to nominate John Chambers for election as a Trustee. Mr. Chambers respectfully declined the nomination.
With no other nominations received, Greg Watkins and Susan Russell were elected as Trustees for the terms indicated. All the Trustees thanked the owners for their support and pledged to continue to serve the community to the best of their abilities in 2009.
In the Open Forum portion of the meeting, Mr. DeMarco made a motion that the HOA should stop sending paper bills to the owners and do all billing electronically. Howie commented that all owners do not have internet addresses and the owners use numerous methods to currently pay their monthly dues. In addition, there are numerous changes of addresses that are received during the year from the membership and the mailing of regular dues Invoices, that frequently also include Newsletters and other information, are a “check and balance” to ensure we have accurate information on owners in our files. Owner Tim Nemeckay commented that it would not be as easy as it sounds to just switch to electronic billing; there would be legal implications and other factors to be considered and he did not think this was a good idea. After further discussion on this matter the motion was not seconded and will not be pursued further at this time.
Mr. DeMarco questioned the need for the duties provided to the Association by Patricia Butt and the salary she is paid. ( It should be noted that Patricia ( Howie’s wife) provides accounting and administrative support services to the HOA for a salary of $24.00 an hour for services rendered). Several Owners present at the meeting commented that instead of questioning Patricia’s services, we should be commending her services. Howie advised that the hours billed for Patricia are only a fraction of the actual hours spent by her per month to keep the Association business matters operating effectively ( it is estimated that she spends about 3 minutes per owner / per week in billable time) and her salary is very low compared to what a regular accountant would charge the HOA for similar services ( for comparison, the HOA pays over $40.00 per hour for landscape services). In summary, the majority of the owners are in full approval of maintaining the services from Patricia ( and Howie) as they are.
A question on why Comcast has not wired the entire community for cable services was raised. Mike Brodsky replied that Comcast had declined to put their cable into some areas of the community and that in retrospect he should have been more insistent with them to do so.
A question on the HOA pets policy was raised, especially with pets being on leashes. The HOA Policy requires that all pets in the community be on a leash when outside. If an owner has information on anyone violating this Policy they should refer the information to the Trustees for further action. The same would be true for a pet not being cleaned up after.
With no other business to transact, a motion to adjourn the meeting was made by Owner Rich Mularski and seconded by Owner Dan Rawson.
The meeting was adjourned at 9:42PM.
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The Trustees would like to take this opportunity to wish everyone a healthy, prosperous
and Happy New Year !!
Greg Susan Nick Jody Howie