Minutes of the Regular Meeting of The Board of Directors of Monday, March 9, 2015 DCCR QUESTION & ANSWER SESSION: 06:05 p.m. Question and Answer Session - Proposed DCCR Revisions regarding Short-term Rentals and other home owner restrictions Ric Hastings Opening statements. Power Point Presentation with discussion. (audio recorded). Governing for the Future; a Fresh Approach to the DCCRs Paul Bower The POA was sued and prevailed from first level appeal by the owner. No current law in State Code. Currently at second level of appeal before the bench for oral argument March 25. We hope to address the rental issue in the DCCRs to provide guidance to the owners and, if necessary in the future to the courts. DISCUSSION: Section 1.12 Rental Use Page 1 h. In and out Rental, Lease, or Bailment. i. Special Events Rental, Lease or Bailment j. Ghost Rental, Lease, or Bailment k. Straw Rental, Lease, or Bailment l Bed and Breakfast. m. Motel and Hotel. Section 3.16 Rental Use of Residential Property. a) no provision for sublet clauses b) Ed Zascony Is three months going to be the duration? Needs to be more obvious that the minimum allowed duration for a rental be 90 days. Suzan Shirley-Mentzel Is there any place that lists the prohibitions? Getz How do we even know if someone is renting something? Craig Zgabay Why just ban rentals? Why has there been no effort to find ways to manage rentals? Amending the DCCRs is a pretty drastic measure. What about house swap? Al Vaughn Dick Bigelow
Michael Murray Salty Brady Regarding living quarters above garages, would this be included in the rental restrictions. Peter S_ (?) Bill Sewell clarification of two-weeks? Kris Spriegel Jennifer Leslie The regular meeting of the Board of Directors of River Chase Property Owners Association, a Texas nonprofit corporation (the Association ) was held at the association clubhouse, 436 River Chase Way, New Braunfels, Texas, 78132, pursuant to call by the Board of Directors of the Association. Directors Present: Paul Bower, Jay Gambrell, Lyle Vandagriff, Kim Wallis; Bill Wiehl Other Property Owners Present: Gary Austin, Salty Brady, Brenda Stoeck, Ray & Susie Menzel, Harry & Mary Ann Maltby, Mark & Anne Anderson, Kris Spriegel, Rose Miller, Dave & Kim Wright, Bill Sewell, Scott Morris, Peter & Nancy Serebrenik, Ed Zastawny, Cara Frederick, Todd Menger, Curtis Thompson, Noel McDaniel, Marlene Ballard, Nadine & Pete Martinez, Mark & Sonia Kauzlarich, Michael Murray, Dave Wallis, Dick Bigelow, Michael Gentz, Linda Howe, Karen Necaise, Brenda Martin, Carolyn Nunez, Chris Burns, Brad Hooper, Paul Merkel, Myron Marquardt, Steve Norris, Kelly White, Guy & Angie Mathews, Jennifer Leslie, Linda Wilber, Dixie Burge, John Wales, Lynda Escalante, Beverly Hoffman, Jeff Koehne, Dawn & David Cherry Call to Order: The BOD meeting was called to order at 7:18 p.m., with the President and Secretary in the chair and present. Bill Wiehl Please announce your name and take three minutes. APPROVAL OF MINUTES Board Meeting February 23, 2015 Action: Motion to approve minutes. Second. Passed unanimous. OLD BUSINESS Club House Rental, Discussion and possible action Bill Wiehl Originally we had more time slots for rental. Went from three to one. Page 2
Jay Gambrell We have an hour between if there should be a back-to-back rental. Bill Wiehl The next renter could be the checker? Paul Bower If we have a discussion later on to include an on-site individual, that might include who might be able to check. If we go that route, then we should table this for 30 days while we consider some of the options. Bill Wiehl Are we trying to cover the costs or raise money? Suzan Shirley-Menzel Before, when it was four hours each, it was not enough time. I think it would be better if it were only two rental sessions. Most rentals will be on week-ends, so having someone available to check would be on week-end too. Bill Wiehl Most will probably want to rent during the day or evening. Curtis Thompson Some talk about chess club and possibly others. Is there a possible use for clubs? Jay Gambrell My experience is home school group. You might try the same application to the BOD. Mary Ann Maltby Wondering if I could be informed on the rentals. In the past, we had a St. Patrick s Day party and discovered there was a conflict. Paul Bower We are trying to establish a published schedule. Ric Hastings There is a method to apply for a club Dawn Cherry Do we want to cover costs or make money? I agree that the community should be able to use the Club House rather than make money. Kris Spriegel I don t think we should be renting the club-house. Bill Wiehl If a club is sanctioned by the BOD, it doesn t have to rent. We will table for later. Action: Deferred for further discussion. Sale of Foreclosed lot, Discussion and possible action Bill Wiehl During Executive Session we decided to pay off property taxes to free the property of liens. Obtained estimated price of property if placed on market. Explanation why the POA paid taxes and obtained the property. Action: Motion to list with Realtor C (Giannone) at $55,900. Second. Unanimous approval. Dispute Resolution Protocol Agreement Paul Bower All members have signed the agreement Action Motion to place into record. Second. Passed unanimous. NEW BUSINESS Request to use baseball field for team practice, Discussion and possible action Bill Wiehl Linn LeGrant has offered to maintain the ball field in exchange for use of the field for team practice. Page 3
Paul Bower We need a hold harmless for all players. Action: Will ask for the form they currently use for the little league. Home Owner For Sale signs, Discussion and possible action Bill Wiehl Car for sale with cardboard sign. Paul Bower Appears to be sitting in county easement. The car is no longer there. AMS Termination Notice, Discussion on how to Manage the POA in future, discussion and possible action HANDOUT: Summary of Services : On-Site Inspection /Management; Board Meetings; Financials; Vendor Management; Invoices; Billing; Online Customer Service Center; Online Board member Customer Service Center; Community Manager; Other Services; Contract Length; Management Fee. Bill Wiehl We accepted the termination given us by AMS. The BOD had Executive Session and met with consultant to discuss the transition process. We will solicit bids from other management companies but need to identify what services we need to contract. We will probably need some guidance. Paul Bower The BOD has not solicited bids yet because we have not yet determined our needs. We have a list of services from a company to work from which we will modify to conduct apples to apples comparison for bidding. Need to add state regulatory documentation. There will be at least three, we are looking at local management companies. We are estimating the on-site facility; building, office equipment, communication equipment. Ric Hastings Need immediate contact person. Paul Bower I will need help with the Black Book, the 1,000-page document from AMS (not complete) that needs to be organized and copied. HANDOUT: RC Office Project leader: to plan, price the project & oversee construction DISCUSSION Jay Gambrell Statement about how we ended up with AMS termination. Some things were not true in the letter. Kim Wallis Paul Bower Lyle Vandagriff Kelly White Steve Norris I m being fined $24,000 for set-back violation. Brenda Stoeck There are a lot of things that we may do but we still need a Page 4
management company to do some things. Not having a management company would be a real mistake. Bill Wiehl Why would we need a management company doing financials? Brenda Stoeck We shouldn t have a volunteer doing it. Kim Wallis But maybe a trained person. Linda Escalante Resale certificates. Anytime property transfers ownership, all the documents have to be included as well as assessments. AMS made a charge of $150 every time even though the information had not changed. TREASURER REPORTS HAND OUT 2015-02 OUTLOOK Ric Hastings Handout shows projections with changes following AMS termination. Salty Brady Where are the actual financials? Bill Wiehl We don t have the February statement yet. The January is on the handout. EXECUTIVE SESSION Delinquent Accounts/Foreclosure Actions/Legal Matters, Discussion and Possible Actions Action: No action. _ Next Regular Board Meeting March 30, 2015 at 6:00 p.m. _ ADJOURNMENT - 9:00 p.m. Page 5