LAKE GASTON ASSOCIATION
Minutes (approved) of the Annual Meeting - June
13, 2009
Mission: To identify lake issues
affecting our members and pursue resolution with the responsible
organizations.
Location: Lake Gaston Baptist Church – 9:30AM
Welcome:
President Cataldo
Pledge of Allegiance:
Led by President Cataldo
There were 87 members and guests present. Most were here to listen to and question Mr.’s Slayton & Skinner.
Introduction of Current Directors and
Officers:
President Cataldo asked each to introduce themselves. Attending were: John Cataldo, Doug Hughes, Moira Underwood, Bill Lindenmuth, Joee Hoxter, Bill Bryant, Vernon Wilson, Patrick Dempsey, Fred Kneisel, Ralph Domach, Linda Hedgepeth, Ron Skow, David Duxbury, Laura Kolb, Larry Jolly, Lenny Turner, Bill La Monte
Recognition of Outgoing Officers:
The following were presented LGA Certificates of Appreciation; Joee Hoxter, Bill Lindenmuth, Larry Jolly, Calvin DeShields (Mr. DeShields was not present).
Special Awards:
Were presented to President John Cataldo, Pete Deschenes and Bruce Johnson.
Guest Speakers:
Tom Skinner (NC) and Russell Slayton (VA). Due to time constraints, they gave an abbreviated understanding of Home Owner Association Covenants and State Laws in regards to HOA’s.
Russell Slayton: Virginia
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Before July 1, 1998 HOA declarations were controlled by the state.
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HOA’S must hold an annual meeting and provide a 14 day notice of that meeting
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HOA Board of Director meetings must provide “fair and reasonable notice” of their meetings. Same goes for ‘special’ HOA meetings.
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If your sub-division has a HOA, a seller MUST provide the intended purchaser an HOA packet complete with covenants.
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A purchase contract can be voided (right up to closing) if the seller does not provide the buyer a HOA packet.
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A buyer has 3 days after they receive their HOA packet to cancel an offer to purchase.
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To adopt HOA covenants there must be a majority approval from a duly/legally convened meeting.
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A Board of Directors can impose special assessments given they provide notice to all home owners. A majority vote of home owners can overturn a special assessment.
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Once covenants are enacted, all current and future owners must comply with them.
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Covenants in dispute can be resolved through arbitration VS taking legal action.
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Lenders must be made aware of HOA Covenants. They cannot change the lending process because of these covenants.
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Changes in covenants requires a 2/3 written vote of all owners. Notices must be posted with the Clerk of the Circuit Court.
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A lien must be filed in the Clerk of the Circuit Court’s office within 12 months of event causing the lien filing. The lien enforcement period is 24 months.
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When it comes to rentals, zoning does not dictate all the rules.
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A County Administrator decides on a zoning issue. If the Board of Administrators agrees with the CA, that decision is law.
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If there is a conflict about HOA Covenants, the County cannot enforce them.
Tom Skinner: North Carolina
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Restrictive covenants are the most contentious issues in the state.
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Until 1999 Common Law governed everything in regards to HOA’S. That’s when Chapter 47F (Planned Community Act) of the State Codes came into effect.
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The dictates of Chapter 47F can be made retroactive to all sub-divisions.
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HOA covenants are private restrictions.
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The PCA allows for the levy of fines through the Clerk of the Superior Court.
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HOA fines must go through the State Court and once registered the HOA has six years to act on that fine.
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Zoning is a public restriction.
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When it comes to a dispute between covenants and zoning, the most restrictive rule applies.
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Any changes to covenant restrictive rules must go forward from date approved and cannot be applied to dates prior to approval date.
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An HOA cannot enact a restriction that forbids the flying of the American Flag.
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Under the Planned Community Act, dues 30 days past due allows an HOA to file a lien against the property owner. After two years of non-payment the HOA can force foreclosure.
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All sub-division developers must establish an HOA.
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HOA covenants should be kept simple, short and objective.
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To change a covenant a 2/3 vote is required.
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There must be a unanimous approval on HOA amendments that attempt to add or delete a covenant.
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A property owner’s free use of their property is favored unless there is a legitimate covenant stating otherwise.
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Most HOA’S are tax exempt.
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Officers and Directors of an HOA should have liability (errors and omissions) insurance.
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HOA’S should have premise liability for common areas within a sub-division.
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Set back violations are the most frequent covenant violations.
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If you have covenants as set by a developer you should have an active HOA.
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A tax lien has priority over an HOA lien.
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Liens are means to make people do what they are obligated to do (pay taxes, pay HOA dues, etc).
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Warren County should do property valuations on a four year cycle.
- After their presentations, Mr. Slayton & Mr. Skinner spent another 20 minutes answering membership questions.
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President Cataldo thanked them for their attendance and presentations.
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Other Discussion/Membership Questions:
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There were some discussion/questions about the recently completed Warren County property valuation and current budget issues. They included:
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Due to the way that Warren County conducted their property valuations, there were 3,600 protests filed. This VS the Halifax County system that had only 100 protests filed.
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Warren County has until December 31st to complete the protest process.
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Warren County wasted the money they spent on the property assessors hired by the county/contractor.
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The Warren County Commissioner meetings held during the day are a way to stifle dissent since a majority of property owners are day workers and cannot attend meetings affecting their livelihood in the county.
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- Secretary’s Report – Bill La Monte
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The membership approved the 2008 Annual Minutes
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Treasurer’s Report – Bill Lindenmuth
The treasurer gave an update to the current budget
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Committee Reports:
Were all provided by way of a prepared printed package of 2008-2009 activities made available to the membership (see attached)
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Presentation and Vote on BYLAW Change:
(specific wording of changes are posted available upon request)
Nomination and Election of Directors:
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First Term – Ron Skow, Linda Hedgepeth, Quinton Qualls
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Second Term – Fred Kneisel
All were elected for terms as indicated.
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Old Business:
A question was raised as to where the LGA stood on the Education Seminar on Watershed Protection on 27 June (The LGA is hosting this event). The LGA Executive Director explained that electronic notices will be sent to the membership and that newspaper ads will start this week and continue right up until the forum.
New Business:
None
The meeting was properly adjourned at 11:58AM.
Respectfully submitted,
Bill La Monte
Secretary
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