Kellogg Village Homeowner’s Association Board Meeting
April 29, 2013 --- 7:30 PM @ the Community Center
Meeting Minutes
In Attendance:
President:
Vice President:
Secretary:
Treasurer:
Scott Beedell
Marion Davis
Dara Salmon
Helene Bigler
Board Members:
Sten Salatelis
Joe Steffen
Teresa Decker
Rich Kolakowski
Kathi James
Community Members:
Linda Salatelis
Next Meeting: May 28, 2013 --- 7:30 PM at the Community Center
The meeting was called to order at 7:30 PM by Scott Beedell. The minutes from the April 15, 2013
meeting were approved as read.
The April 22, 2013 meeting was not an official meeting due to the fact there was no quorum, but
those who attended discussed the newsletter; its layout and content. Those present also placed
labels on the envelopes that will be used for mailing the newsletter out to Kellogg Village properties.
Kathi James is heading up the newsletter and will have a draft for board consideration at the April 29,
2013 meeting.
Unfinished Business:
Subcommittees
1. Communications (Co-Chairs: Marion Davis and Kathi James) – Kathi James shared the draft
newsletter that she created. It was well received by the Board. Scott had a few minor additions,
such as directing people to the now-operating website for key information. Once the additions
are incorporated, Kathi offered to fold and stuff them for mailing. The Board discussed how
often to publish a newsletter, since the website will contain news for Kellogg Village. The
website is preferable because it’s easier and cheaper to keep the website fresh than it is to
copy, stuff and mail newsletters to all properties. The Board agreed on a quarterly newsletter
to be posted on the website and then one paper newsletter to be mailed in the fall, along with
the annual meeting notice, to all property owners in Kellogg Village.
Sten Salatelis asked if his business card could be posted in the newsletter and it was agreed
that the newsletter probably wasn’t the ideal place for that but Scott Beedell offered to add a
page to the website that advertized the businesses and skills of Kellogg Village residents.
Before the rest of the subcommittee reports took place, Scott Beedell discussed at length with
the Board that he spent a lot of time re-reading the covenants, bylaws and articles of
incorporation of Kellogg Village. It is important that the Board follow these in carrying out HOA
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business. The key point discussed by the Board is that since 1999, the Board of Directors does
not have the authority to grant waivers for any reason. Therefore, all previous waivers are null
and void, including waivers for Board Officer compensation in any form and waivers to allow
radio antennas.
Helene Bigler is currently paid for bookkeeping and she holds the office of Treasurer for the
HOA. Because the waiver to the bylaws that allowed her to be an officer and to be paid by the
HOA is invalid, Helene Bigler resigned her office and the board agreed to pay her like a
contractor to maintain the books and financial records for the Kellogg Village HOA.
Additionally, the Board cannot put into place a waiver that provides relief from paying annual
dues for the officers during their term of service. All property owners of Kellogg Village shall
pay annual dues. Scott Beedell tasked Marion Davis with carrying out the duties of Treasurer
until the Board Officers can elect a new Treasurer by majority vote. Scott will email Marion the
instructions for accessing the email from the website so she can answer inquiries from real
estate and escrow companies. She will also meet with Helene to get the phone line information
for the same purpose. Marion will monitor both the email inbox and the phone line every 48
hours.
Kathi James will add to the newsletter the announcement that a new Treasurer is needed and
anyone interested can email or call the HOA using the email or phone number listed on the
website.
There was additional discussion about how the bylaws dictate dues collection and covenant
enforcement. The bylaws stipulate that the Board can collect dues using whatever legal means
are available to the Board or place a lien on the property. Legal means includes sending nonpayers to collections. The Board will be receptive to property owners who make contact with a
plan for payment of dues but a property owner’s blatant disregard of dues payment will result
in the property owner being sent to collections. Liens are also an option for dues collection, but
not for covenant enforcement.
The bylaws also stipulate that property owners in violation of the restrictive covenants will
receive a letter stating they have 20 days to correct the violation. The Board agreed that if the
property owner contacted the Board within 20 days with a plan and timeline to correct the
violation then that would be acceptable, provided the property owner follows through. There is
no second notice to the property owner. Refusal to correct covenant violations will result in
legal action, which can include arbitration. The loser of arbitration pays all legal fees; that
includes the fees and costs of arbitration, the Board’s attorney fees and property owner legal
fees.
The Board thought this summer may be a good time to discuss any potential amendments and
refinements to the covenants and bylaws, such as radio antennas. Those changes must be put
in writing and considered at the annual meeting for a community-wide vote. A change to the
bylaws require a 2/3 majority and a change to the covenants require a 75% majority. Marion
Davis mentioned potential action in Congress that would universally allow radio antennas.
Scott Beedell stated that until it’s actually law, that the Board would continue its stance that all
waivers by the Kellogg Village HOA Board of Directors are null and void. If it becomes law, the
HOA will consult an attorney to make sure the HOA’s bylaws and covenants are consistent
with federal law. Other considerations for covenant and bylaws changes may be investigating
the HOA’s tax status. Pre-School rent and Community Center rent is taxed separately than our
HOA dues, and has financial ramifications.
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Finally, it was clarified that Linda Salatelis is not a Kellogg Village HOA Board member and so
her free use of the Community Center periodically is just compensation for her time and effort
in managing Community Center rentals.
2. Property Maintenance (Co-Chairs: Joe Steffen, Teresa Decker and Ralph Hood) – Joe Steffen
reported that the fence around the retention pond had been torn down and replaced with a
chain link fence. The wooden fence on the west side of 59th Drive was also repaired and
repainted. The white, vinyl fencing has been pressure washed though vandalism to it continues
to be a problem. The Board discussed different fencing as a future project. Perhaps a low-rise
chain link fence coated black or posts with chains strung between them. Also, the wooden
fence on the west side of 59th Drive may need to be replaced in the near future with a chain
link fence. It is often vandalized by kicking it in or tagging it. Joe is currently waiting to hear
back on bids to replace the two basketball hoops. Joe is also investigating bids for landscaping
though our current landscaper is a good value for the services rendered. We pay about $1,900
per month and $800 in the winter. The bids he’s received so far are twice that cost and for less
work.
3. Covenant Enforcement (Co-Chairs: Rich Kolakowski and Sten Salatelis) –The draft letter to
covenant violators was discussed by the Board and it was well received. The Board asked that
the letter get mailed to the top five code violations in Kellogg Village. These are considered to
be obvious violations of the covenants; violations that degrade property values and/or pose a
safety hazard. Sten will draft a second letter for consideration by the Board that discusses
possible legal action.
4. Financial (Co-Chairs: Helene Bigler and Scott Beedell) – Helene Bigler stated that since the
next day was the last of the month, she would provide a complete financial report at the next
meeting. Helene is also completing a binder containing information for Board transition. This
binder will include key contact information, banking, tax and policy information so any future
Board will have a complete record to operate from.
The Board decided that dues notices would go out in January for the coming year, and payable
within 30 days. A late notice will be sent after 30 days with a reminder that non-payment can
result in property owners being sent to collections. The Board also reiterated the desire to be
flexible with property owners trying to catch up past dues. Helene has the over-30-day
reminder letter ready to go out and the letter to those who owe more than the last two years of
dues ready to go out. Helene reported that approximately 50% of property owners have either
paid their dues or contacted Helene with a plan to pay their dues for 2012 and for 2013.
The Pre-School has all utilities in their name now and a 3-year lease in place. The final
approval by their Board was scheduled to take place and is likely done now.
5. Community Center Rental (Chair: Linda Salatelis) – Linda is in contact with a family who will
rent the Community Center soon. Linda wants basic cleaning supplies stored at the
Community Center for easy clean up. Scott asked her to draft a checklist and protocol that can
be posted on the website, along with rental rates, interior photos and back up contact
information for her in case she is unavailable. Renters will write two checks: a $25 rental fee
and a $75 deposit. The deposit will be returned after a walk-through is conducted. Scott gave
her a key to the outside door and when he gets keys made for the interior storage room, all
Board Officers and Linda will get one. It was emphasized that no community member shall
interrupt the pre-school while it’s in session to view the community center for potential rental.
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Website Progress
Scott Beedell is updating the website weekly. The website contains information such as the
covenants, bylaws, articles of incorporation, minutes, financials, community center rental and events.
It also contains contact information for the Board; both an email and hotline number. Property owners
can find a lot of information about the community, Board meetings and upcoming events.
New Business:
None.
Good of the Order:
None.
Next Meeting:
The next meeting was set for May 28, 2013 at 7:30 PM at the Community Center. Items for the next
agenda include:
1. Subcommittee reports
2.
The meeting was adjourned at 8:52 PM by Scott Beedell.
Approved:
Scott Beedell
President
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Date
Dara Salmon
Secretary
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