December 1, 2009 Monthly HOA Minutes

Phase 3A Homeowner’s Association, Inc.
Monthly Meeting
December 1, 2009

The meeting was called to order by President, Barbara Oakes at 10:00 AM.She opened the meeting with prayer.  All members were present with the exception of Phyllis Mantie, who was at work.

John Newsome, Secretary, read the minutes of the November 9, 2009 meeting that were recorded by Clare Fox.  Byron made a motion to accept them as read and John provided a second.  Motion carried.

In the absence of Phyllis Mantie, Treasurer, Clare read the treasurer’s report.  Byron made a motion to accept as read and John provided a second.  Motion carried.

Public Comments:

          Bob Kathman reported that he had spoken with Dewanna Moore about the electricity for lights along the dog walk on St. George.  The estimate for this work was $740 for materials with our people doing the installation.  Bottom line is that Deer Creek will not pay for this.
          Joe Golden questioned who is liable if there is a problem in this area after dark, especially with the increased commercialization with no fence and easy access from that area.
          John Newsome stated that Deer Creek had a light there and they removed it.  Have we, Osprey Point owners, already paid for this work through our maintenance fees and now have to pay again?
          Paul Helmstetter reminded that we would have to get their permission to install, since it is common area.
          Barbara Oakes is to follow up with Reynolds on all of the above.
          Joyce and Bob Kathman raised the question again about the insurance policy for the roads and what it covers.  John Newsome is to resolve this issue and report back at the January 2010 meeting. 

Committee Reports:

          Building and Grounds - Byron Harris reported that the grates problem has been resolved for now.  The drain issue is yet to be handled.  He will continue to work with Dewanna Moore to resolve.
          Election – Jerry Fall reported there are no current candidates for the 2010 BOD election.  We need to encourage our members to consider participating in this election.
Residents’ - Joyce Kathman reported that volunteers have signed up for all events except Easter.  There has been very good response for the Christmas party.  Many new members are participating.
Four Phase – Barbara Oakes reported there had been no activity since our last meeting.
          Webmaster – Joe Golden reported the web is up and running with 112 e-mail addresses for 102 owners and 2 for renters. 

Old Business:

          John Newsome will perform the task of reorganizing the file cabinets.  No documents will be destroyed or shredded. 

New Business:

          Barbara shared the fact that three of our BOD members had received certified letters from Ron Birckhead pertaining to HOA documents.  He is requesting immediate access to copy and inspect records that Barbara had in her home due to space constraints in our file cabinet.  These records have been delivered to our attorney for Ron Birckhead’s inspection.
          In addition, he is requesting to inspect and copy the current roster of all members and the full current e-mail address list maintained by the association.  He has also threatened law suits if any records are destroyed or shredded.  There is no problem with him receiving a copy of the member roster.  It is public information.  Barbara provided him a copy. 
          There is, however, a problem with the e-mail addresses.  Some of our owners have chosen to have their e-mail address remain private.  The guidelines for establishing this e-mail list included a privacy agreement and some owners would only participate if they were guaranteed their e-mails would remain private.  Joe Golden reviewed the agreement.  The board met with our attorney 11/30/09 for legal advice on handling this situation.  He is to search case law and respond. 
          John Newsome is custodian of the documents and records and he has assured the BOD that no documents or records will be destroyed or shredded.
          Paul Helmstetter shared his opinion based on his involvement in the establishment of the website and e-mail list.  There are conflicting issues here.  Providing requested documents and records vs. protecting requested individual privacy.
          The BOD will do everything possible, within the law, to satisfy both issues.  As a path forward, Joe Golden will poll those on the e-mail list to determine who does not want their address disclosed.

           Clare Fox made a motion to adjourn the meeting and John Newsome provided a second.  The meeting was adjourned at 11:17 AM.

Respectfully Submitted, 

John Newsome, Secretary
Osprey Point HOA BOD


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