Pinnacle Mountian Property Owners Association


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Pinnacle Mountain P.O.A Board Meeting --- October 23, 2004


Minutes of the Pinnacle Mountain P.O.A. Board Meeting October 23, 2004

Members Present: Tom Pfaffl, Riley Ethington, Ronnie Styles, Cindy Maddox, James Hardin

Secretary's Report

The minutes of the board meeting of July 17, 2004 were approved as written.
A certified letter will be sent to the two remaining property owners who have not paid their FY05 dues. It will also include a reminder to pay their assessments with the dues. The property at 1923 Pinnacle Parkway is being sold and the mortgage company has agreed to pay all back due fees and the one time assessment.
We have checked out the use of a nonprofit stamp to reduce mailing costs. It appears to be a complicated process and there is doubt that we would be approved. We will not proceed at this time.

Treasurer's Report
There are 24 property owners who have not yet paid their one time assessment. A letter will be sent to these property owners reminding them of their requirement for paying this assessment.
As of the meeting we have approximately the following funds available;
Certificate of Deposits $9,788
Checking Account $13,974
Road Assessment $8,200
Total $31,962

Road Committee Report

Cindy reported that it is a North Carolina law that every home must have displayed a standard three-inch high 911 address number. Also, the county will be furnishing street signs to help clarify directions for emergency and service people.
In order to move ahead with the FY05 project for the erosion on Pinnacle Parkway, it will be necessary to expand the right of way for one of the lots owned by the Norris'. The board approved a motion for relief of annual dues for PN Lot #7 in exchange for extended right of way as requested by the property owners. We need to complete an agreement to proceed with this project.
Approximately $800 of the assessment fund was spent on the drainage project for Doubleview. This part of the project is completed.

Architectural Committee Report
Robert Johnson attended the board meeting as chairperson for the architectural committee. At the last meeting, the committee spent considerable time clarifying the guidelines. They will meet on 10/31/2004 to finish the balance of the guidelines. The finished guidelines will be presented at the next board meeting in January , 2005.
Ann Whitehead and Russ & Marge Strickland are new members on the committee.

Safety Coordinator Report
The dry-hydrant project is still on hold until Chalk Lake has been sold to its new owner. Once that has taken place - estimated to be in Jan 05, we will approach the new owner for right of way and permission to install a dry-hydrant.

Old Business

Covenants & Restrictions Riley reported that the lower association has experienced legal problems enforcing their covenants & restrictions. Their association was not specifically conveyed the right to enforce covenants & restrictions by their developer, and they were not under the North Carolina Community Act. After discussion with our lawyer, an Assignment and Transfer of Rights and Responsibilities document was drafted and signed by our developer on the 29th of September 2004. This document specifically conveys to our Association the rights of the developer to enforce covenants & restrictions. Our association was formed prior to 1 Jan 1999, and we also are not under the North Carolina Community Act; however, we will adhere to its regulations.


New Business

Reserve Fund Cap A motion was approved to develop a reserve fund cap policy for our association. This policy would limit the amount in the reserve fund to 50% of the expected income for that fiscal year. If the fund exceeds this amount, the money will be distributed to property owners in the form of reduced dues. Riley will draft the official regulation for the next board meeting.

Line of Credit - Ronnie Styles reviewed with our bank the possibility of obtaining a line of credit to be used for emergencies. Our bank requires a personal guarantee from the board members. The board rejected this option but suggested we look into the possibility of obtaining a bond from an insurance company. With the 50% cap on our reserve fund, this credit is needed to cover catastrophic expenses.

W-9's - All new contractors must submit a W-9 to perform work for the association. Existing contractors will need to comply beginning in 2005. If the Contractor does not submit a W-9, we will withhold 20% of their fee for taxes as per federal regulations.

Security Gate - Riley has presented to PRSPOA's board of directors our security gate project. They have agreed in principle with the need for a gate at Nanney Town Road & Pinnacle Parkway. Their board will present this project to their General Assembly and if approved, we will start getting quotes. Also, we will have to reach an agreement for sharing expenses. This project is budgeted for FY06.

Tax Exempt Status - Ronnie investigated the possibility of being classified with an exempt status to eliminate the need for our association to pay the state sales tax on our purchases. There is only a remote possibility that they would approve our request. The board voted to not pursue this issue.

Committee Membership - The board discussed various methods of regulating memberships on committees. The purpose would be to insure no property owner has undue influence in association business. A regulation could not be approved because of the missing board members. This will be discussed at the next meeting.

Robert Johnson was granted special association membership as provided by section 2.1 of our by-laws.

Riley informed the board that he would not be seeking re-election as a board member for next year.

Next Meeting
The next board meeting will be held on January 15, 2005 at 10:00 am at Ronnie Styles' mountain home.

Meeting Adjourned



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