WHITNEY OAKS COMMUNITY ASSOCIATION MINUTES OF THE REGULAR BOARD OF DIRECTOR'S MEETING HELD. July 26, 2001

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1 WHITNEY OAKS COMMUNITY ASSOCIATION MINUTES OF THE REGULAR BOARD OF DIRECTOR'S MEETING HELD July 26, 2001 CALL TO ORDER: The meeting was called to order by President Bridges at 6:10 p.m. ROLL CALL: Directors present: Directors absent: Also present: Peter Bridges, Lytton Lewis, Samuel Young, Gale Wild, Laura Wending None George Moore and Brenda O Malley of VierraMoore, Inc. and several homeowners It was determined that a quorum was present. PROOF OF NOTICE: An Affidavit executed by Ms. O Malley attesting to the mailing of the Notice of the Regular Meeting of the Directors and a copy of the Notice were presented for filing in the Association's Minute Book. APPROVAL OF MINUTES: On a motion duly made by Director Lewis, seconded by Director Young and unanimously passed, the minutes of the Directors Meeting held March 8, 2001 were approved as presented. MANAGEMENT REPORT: A) Rec. Center Repairs: Jonathan Brewer from Earth Works was in attendance to discuss the mold problem that was detected in the Recreation Center and the plan for correction. He stated that once the test results determined to be the black mold, Management was contacted an immediately closed the facility. There were concerns voiced about symptoms from the mold (severe headaches would be one), should the building be tented (no, need the ventilation), was the perimeter wall checked (no), timeframe for repairs (it will depend to what extent the damages are once the sheet rock is removed), was the pool safe to swim in (it has never reported black Mold to grow in water). After further discussion, the Board of Directors requested additional testing by Earth Works prior to beginning work since there are no visible signs in any other location but possibly problems unseen. It was also requested that the City of Rocklin Building Department as well as the Placer County Environmental Health Department be contacted and is aware of the situation as well as keeping both agencies abreast of the status as work proceeds. A meeting will be scheduled for August 28 for those wishing to attend for an update as the work progresses. OPEN FORUM: A) Member Correspondence: 1) Resident of Unit 18, Lot 171, submitted a petition as attached to these minutes, signed by several owners on Jennieke Court, requesting the Board to consider allowing the portable basketball standard to remain on their driveway. After further discussion, it was stated that the CC&R s do not allow permanent basketball stands in the front of the lot, therefore if a portable standard does not move it has become permanent. Residents requested to remove standard when not in use. 2) A petition was submitted to the Board, as attached to these minutes, from several residents on Silver Peak Lane, requesting that a curb be installed in the small cul-de-sac on that street due to various concerns. After further discussion, Director Bridges stated that the Developer would follow-up on this matter after checking improvement plans and cost estimates. 1

2 3) A request was submitted to the Board, as attached to these minutes, from the owner of Unit20L250 regarding the common area trees installed by the Developer. Director Bridges stated he would look into this matter and make certain the trees were not installed on his Lot. There was inquiry as to if the Board could change the CC&R s but was stated they could only be changed by a majority of the owners, rules however, can be modified by the Board. After concern was voiced regarding the gates, the Board stated they would be looking into the cost of a monthly maintenance program. It was also stated that the keypads at the entrances have poor lighting. Management to obtain proposals/information of both of these matters. Several members inquired as to when the next pool would be installed to which it was stated completion would be next year. Speeding/traffic concerns were voiced in regards to the school under construction on Crest Drive. It was questioned if there would be stop signs/lights added along there. There was also a request that possibly a No U-turn could be added at the Tahoe Vista/Newland Heights location on Crest. Several inquired if there would be any more parks developed in the Community to which it was stated two more public parks are planned for next year, one off of Whitney Oaks Drive and one further up Park Drive near the water tower. There was inquiry about the Association providing a sport court with a basketball standard installed in the grass area at the Recreation Center or possibly at Marie Huson Park location. The Board stated that if enough members want this, then they could come back to the Board to be addressed. In regards to the possibility of revising the basketball standards rule, several stated that they bought in here because there was restrictions/rules regarding their usage. A large fallen oak tree branch in Marie Huson Park was reported. Management to check with the City of Rocklin about the Association having approval to remove this. Water seepage was reported in the street along Old Oak Tree Way. The development team to take a look at this. There was inquiry regarding the possibility of several additional lots (Clover Valley Development) merging into the Springfield Association. It was stated should this happen, they would be required to merge into the Master Association, prior to merging in Springfield. There was a request that the Board uses a microphone at the next meeting because of difficulty in hearing the discussion. There was inquiry if Centex Homes would be re-sealing the streets in Unit 7 (Fox Hill). It was stated that the streets would be walked and a punch list made however the builder is not obligated to re-seal. It was questioned at what point would the Board be all homeowners, to which it was stated that the Declarant has 10 years per the governing documents, however unlikely it will be that long. FINANCIAL REPORT: A) Balance Sheet: The Board reviewed in detail the Association's financial statement as of and June 30, 2001 including the balance sheet, income and expense report, budget comparison report and reserve balances. B) Accounts Payable/Accounts Receivable: The Board reviewed the account payables and receivables as of June 30, COMMITTEE REPORTS: A) Architectural Committee: 1. Assignment to Springfield: The Board reviewed a Supplemental Declaration transferring architectural approval authority to the Springfield Architectural Committee. It was stated that they are currently doing so. After further discussion, Management requested to contact legal counsel for 2

3 further clarification of this document. 2. Revised Guidelines: The Whitney Oaks Architectural Review Committee reviewed and requested a revision of Section 2.9 of the Supplemental Design Guidelines allowing homeowners the ability to submit for architectural review should statuary, water features or fountains, etc. be planned for front yard landscape. After further discussion, on a motion by Director Young, seconded by Director Wending and majority approved the revision of Section 2.9 of the Supplemental Design Guideline, as attached these minutes. UNFINISHED BUSINESS: A) Common Area Inspection/Acceptance Resolution : Management presented Resolution , for the Board of Directors review and approval for the Association to accept additional common area improvements. On a motion by Director Lewis, seconded by Director Young and unanimously passed the Common Area Acceptance Resolution as attached to these minutes. B) 2000 Financial Review: Management presented the 2000 Financial Review prepared by Tate, Propp, Beggs & Sugimoto. After review and on a motion by Director Lewis and seconded by Director Wild and unanimously passed, the Board resolved to approve the review as prepared with the correction to be made stating that a Reserve Study had been done. C) Traffic Control Hillcrest: The Board reviewed a letter, as attached to these minutes, submitted by the resident of U05L245 regarding the request for the Association to allow a Stop to be installed between their lot and lot 246 in an attempt to help slow down the speeding along Hillcrest Road. It stated in the letter that the speeding has slowed down since the entrance gates have been closed After further discussion, on a motion by Director Lewis, seconded by Director Young and unanimously agreed this item to be tabled since no one was in attendance to speak on this matter. D) Landscape Improvement Hillcrest/Park: Director Lewis reported that Management and Valley Turf met at this location to review landscape possibilities. The resident of U06L290 was present to request of the Board that something be done in this area since she was concerned about the un-kept look this area presents and would like it to look better. She also stated this area has become a dumping ground. Director Bridges stated that the Board and Management would work with Valley Turf and the Landscape Architect to see what can be done to improve this area. E) Fence/Landscape Improvement Fox Hill: Management was requested to obtain two more proposals for the installation of a 3-foor high fence along Lot G on Fox Hill and the Board had approved the installation not to exceed $4, to include landscape improvements. Management reported that this had been accomplished and the fence is scheduled to be installed in the coming week. It was requested by the Board that cloth material is to be used under the shredded bark and cobble improvements to help in the preventing weed growth. F) Irrigation Water Agreement: This item table. G) Entrance Gates: Back-up Battery Proposal: Management presented additional proposals for the installation of back-up batteries for the entry gates. All the proposals obtained are in the same price range. Management stated that should the power fail, there is an on-call person in place as well as the gate maintenance company that will respond in a timely manner. No action taken to purchase the backup battery system at this time. 3

4 NEW BUSINESS: A) Reallocation of General Assessments Phase 20 Resolution : The Manager presented resolutions for the Board s adoption for the reallocation of the annual general assessments due to the addition of additional lots and common areas. On a motion by Director Lewis, seconded by Director Wild and unanimously passed, the Board resolved to adopt Resolution reallocating the assessments and adopting the revised budget as attached to these minutes. B) Reallocation of Rec. Facility Assessments Phase 13 Resolution : The Manager presented resolutions for the Board s adoption for the reallocation of the Recreation Facility assessments due to the addition of additional lots and common areas. On a motion by Director Lewis, seconded by Director Wild and unanimously passed, the Board resolved to adopt Resolution reallocating the assessments and adopting the revised budget as attached to these minutes. C) Release of Assessment Guarantee Bonds Phase 10 Resolution : The Board discussed the release of the Assessment Guarantee Bond posted by PC/BRE Whitney Oaks L.L.C., to guarantee their payment of 6 months of assessments for the 61 lots in Phase 10. The bond can be released upon the closing of 80% of the lots in the phase and the Developer is current in its payment of assessments for the lots they own. The Manager reported that the Developer had closed 83% of their lots in Phase 10 and that they were current on their payment obligations. On a motion by Director Lewis, seconded by Director Wending and unanimously passed, the Board resolved to release the Assessment Guarantee Bond as the Developer had satisfied all their obligations to the Association and further authorized the President to certify the resolution presented releasing the security, as attached to these minutes. D) Release of Assessment Guarantee Bonds Phase 22 Resolution : The Board discussed the release of the Assessment Guarantee Bond posted by Cal-Stanford Oaks, L.L.C., to guarantee their payment of 6 months of assessments for the 18 lots in Phase 22. The bond can be released upon the closing of 80% of the lots in the phase and the Developer is current in its payment of assessments for the lots they own. The Manager reported that the Developer had closed 100% of their lots in Phase 22 and that they were current on their payment obligations. On a motion by Director Lewis, seconded by Director Wending and unanimously passed, the Board resolved to release the Assessment Guarantee Bond as the Developer had satisfied all their obligations to the Association and further authorized the President to certify the resolution presented releasing the security, as attached to these minutes. E) Release of Assessment Guarantee Bonds Phase 6 Resolution : The Board discussed the release of the Assessment Guarantee Bond posted by U.S. Home Corporation, to guarantee their payment of 6 months of assessments for the 39 lots in Phase 6. The bond can be released upon the closing of 80% of the lots in the phase and the Developer is current in its payment of assessments for the lots they own. The Manager reported that the Developer had closed 89% of their lots in Phase 6 and that they were current on their payment obligations. On a motion by Director Lewis, seconded by Director Wending and unanimously passed, the Board resolved to release the Assessment Guarantee Bond as the Developer had satisfied all their obligations to the Association and further authorized the President to certify the resolution presented releasing the security, as attached to these minutes. F) Landscape Maintenance Addendum: Management presented to the Board an additional landscape maintenance addendum submitted by Valley Turf Landscaping to include the addition of the common area landscape maintenance areas accepted by the Association to date in the amount of $8, On a motion by Director Lewis, seconded by Director Wending and unanimously approved the additional landscape maintenance addendum as submitted. G) Conservation Easement/Declaration: There was discussion regarding Conservation Easements to be 4

5 used for the three-wetland areas in the Whitney Oaks Project. There is an easement for several areas of wetlands owned by the Association in the common open space area, an easement of wetlands owned by Cal-Stanford Oaks LLC and an easement of wetlands owned by Cal-Stanford Oaks LLC in another future open space. After further discussion, on a motion by Director Lewis, seconded by Director Young and unanimously agreed to the Conservation Easement/Declaration as submitted which is subject to approval by the Corps of Engineers. A separate wetland fund to be set-aside for those wetland areas in which the Association is responsible for preserving. H) Street Parking: It was reported that the Springfield Neighborhood Watch Committee met with representatives of the City of Rocklin and Fire District regarding the possibility that the streets are too narrow in some locations within the Community and that there might be a safety concern. In researching this concern, it was stated that the approved maps did showed parking to be limited to one side of the street only, with No Parking on the curbside. This matter to be addressed at a later date. I) Annual Members Meeting: The Board decided that the Annual Members Meeting will be held Thursday, November 29, The time and place yet to be determined. TIME AND PLACE OF NEXT MEETING: It was discussed and agreed upon by the Board of Directors that the next scheduled meeting will be held, Thursday, October 25, 2001 at 6:00 p.m. at 2305 Clubhouse Drive, Rocklin. ADJOURNMENT: There being no further business and no objections, the meeting was adjourned at 10:15 p.m. WHITNEY OAKS COMMUNITY ASSOCIATION MINUTES OF THE EXECUTIVE SESSION OF THE BOARD OF DIRECTORS 5

6 JULY 26, 2001 CALL TO ORDER: The meeting was called to order by President Bridges at 5:05 p.m. ROLL CALL: Directors Present: Directors Absent: Also present: Peter Bridges, Lytton Lewis, Sam Young, Gale Wild, Laura Wending None George Moore and Brenda O Malley of VierraMoore, Inc. AJOURN TO EXECUTIVE SESSION: The Board adjourned to Executive Session to discuss Member Hearings. Special Member Hearing for: 1) Owners from Unit 9BL415 were in attendance to discuss the complaints received regarding the garage door being left open for long periods of time while unattended. They stated that the garage door is never open after 6:00 p.m. Resident stated that he is a putser and is in the garage 80% of the time and has the door open for ventilation. After further discussion, it was the decision of the Board that Management and Director Lewis will meet with both parties to mediate and come to a mutual understanding in order to resolve this matter. Resident stated they would take extra efforts to close the garage door when not there and also suggested that the Board should consider changing the CC&R s on this rule. 2) Owner of Unit13L50 was in attendance to discuss his non-compliance regarding WOCA request to remove the office structure placed on the lot. It was stated that they did not respond since it was noted that others were doing the same thing. Since lot owner owns several lots, there is concern that a business is being run out of this structure and owner did not receive approval. It was noted that Meritage Homes did not get approval for their trailer in the street in Unit 18 either. After further discussion, it was stated that the Declarant might have the option to grant variance although a permit might be necessary and a designated time frame, possibly 6 months. Owner will be allowed to keep structure on the lot while the developer reviews this matter. 3) Owner from Unit14L86 was in attendance regarding the basketball standard that has been located in the guest parking across the street from their lot (it is now in their driveway). Owner stated it is too heavy to move and also cannot get it into the backyard due to the location of the air conditioner unit alongside home. Owner stated they are now trying to sell it and have it removed in 30 days. After further discussion, on a motion by Director Lewis, seconded by Director Young and unanimously agreed that $10.00 per day will be assessed if the basketball standard remains after 30 days from this date. 4) Owners from Unit5L220 were in attendance regarding the basketball standard continually located on the sidewalk/driveway of the above lot. They stated that 21 out of 24 homes along their street do not have a problem with it and a petition could be obtained. It was stated that the CC&R s do not allow permanent basketball stands in the front of the lots, therefore if a portable standard does not move it has become permanent. They stated that the basketball standard is now in the garage and that they will continue to comply. After further discussion, on a motion by Director Lewis, seconded by Director Wild and unanimously agreed that $10.00 per day will be assessed should the basketball standard remain out unattended and in no conditions shall it be used on the street/sidewalk. ADJOURNMENT: There being no further business and no objections, the meeting was adjourned at 6:00 p.m. 6