Virginia City Highlands Property Owners’ Association

Minutes - Monthly Meeting – Tuesday June 13, 2006

Virginia City Highlands Fire Station Training Room – 7:00 pm

Present: Woolley, Gravenstein, Bent (until 8:15 pm), Lumos

Absent:  Landaburu

I.       Call To Order, Declaration Of A Quorum And Approval Of Meeting Agenda (Discussion/Action)

President Woolley called the meeting to order at 7:03 pm and declared a quorum present.  The agenda was approved as posted.

II.     Approve Minutes Of May 9, 2006 Meeting (Discussion/Action)

Ø      A motion by Bent, seconded by Lumos, to approve the minutes as submitted was approved unanimously.

III.    Financial Statements (Discussion/Action)

A.               Monthly Cash Report

Monthly Financial Statements

Lydia Hammack reviewed the financial reports.  Expenses for June totaled $4,224.05 while   receipts for the month totaled $2,600.  The cash balance in the operating account as of June 13 is $32,107 and in the reserve account is $28,157.   The printing and postage cost for the newsletter was $1,283.99.  Income from newsletter advertisements was $1250.  There will be a small amount of labor cost associated with soliciting advertising and assembling and mailing the newsletters.

The amount spent on repair to the roads and ditches due to the flooding in January should be transferred from the reserve account to the operating account before the end of the fiscal year.  Ms. Hammack stated that she needs to do a complete audit of the expenditures to determine the exact amount but it is approximately $5,000.

President Woolley estimates that there will be enough funds to meet expenses until the next dues cycle, barring any unforeseen emergencies.

Ø      A motion by Lumos, seconded by Gravenstein, to accept the financial report as submitted was approved unanimously.

IV.   Comments by Association Members (NRS 116.3108(3)) (Discussion Only)

Cecilia Lak complained about the speed of construction traffic on Cartwright Road.  She also expressed concern about the amount of excess building materials left on new home sites after the end of construction.  President Woolley pointed out that builders have a one year period to complete construction.  He suggested that the architectural committee contact the owners to ask about the clean-up.  Lumos pointed out that a complaint should be submitted in writing in order to process the complaint.

It was also pointed out that the county has been given the authority to enforce traffic regulations within the Highlands.  The sheriff’s office should be called when there is a violation.

The issue of the road damage by ATV’s on Adobe Road on the Memorial Day weekend was discussed.  There was a complaint filed with the Sheriff’s Department.  Some of those present insisted that the owner of the ATV’s should be billed for road repair.  President Woolley stated that he visited the site when he became aware of the situation, within 48 hours of the alleged incident, and took pictures of the roadway.  No discernable damage was evident at that time.  It would be difficult to defend any imposition of fees if legal action were taken.  Mike Lupo pointed out that the real issue was not damage to the road; it was an issue of disturbing the peace.

Attorney Anne Langer explained the legal options available in situations like this.  Ray McPartlin stated that the owner had been contacted by the sheriff’s department and the situation will not likely reoccur.  He feels that sufficient action has been taken and the issue should be dropped.

Karlyn McPartlin thanked the board for the action taken limiting use of the well at the fire station.  She stated that it has made a huge difference in the water quantity of the neighboring property owners.

Ray McPartlin complained about the status of Lousetown Road near State Route 341.  Rick Bent pointed out that the County is utilizing budgeted road repair funds on Six Mile Canyon and will not likely be able to do any repairs on Lousetown this year.

Mr. McPartlin also asked if the mailing of the newsletter could have been done electronically.  NRS 116 mandates certain items must be mailed to all property owners prior to the annual meeting.  It was deemed expedient to include the newsletter in this mailing.

Bob Fielding asked about the advisory question on the ballot regarding the sale of the fire station and rental house to the county.  Under the new lease on the fire station maintenance of the facility and well will be shared between the association and the fire department.

Maggie Hohn stated that the fire station was built jointly by the two associations and asserted that this association cannot make any decision for the sale of the property alone.  Keith Judson pointed out that although the building was jointly funded, the VCHPOA holds the title to the land and therefore has control of the property.

It was explained that the question is just an exploratory question and that no negotiations or serious discussions with the County have been undertaken.  This is explained on the ballot form.

V.     Committee Reports

A.               Architectural Committee (Discussion/Action)

Bill Lewis reported that the committee has been going smoothly.  There may be a complaint forthcoming; he will investigate it if it is received and forward to the board for action.

B.               Road Report (Discussion/Action)

There is a minor mechanical problem with the grader that John DuFresne has been directed to repair.  Most of the roads have been graded.  Debra Gravenstein will work with the HRPOA to draft an agreement for the shared maintenance of common roads.  Any agreement will require the approval by the boards of both associations.

A barter agreement with DuFresne for $1500 in labor for one of the surplus pickup was previously approved.  He has completed about $1000 of the work necessary to complete the sale.

Shelly Hansen, secretary of the board of the HRPOA, asked if the board could set a date to settle the bill for road maintenance completed jointly in the summer of 2005.  There was an agreement that the HRPOA would use the VCHPOA water truck to affect payment of about $6000 owed them.  For a number of reasons, this agreement is not working out.  She would like to set up a meeting between the two boards to come to an agreement for payment.  President Woolley stated that any decision on the payment will have to be made in an open meeting.  He suggested that Ms. Gravenstein work with them toward an agreement that could be brought back to the boards for approval.

C.              Documents Committee (Discussion/Action)

1.     Review/approve purpose and scope of work of committee

Keith Judson reported on the organizational meeting of the committee which will review all the governing documents and try to bring them into conformance with each other and state law.  He stressed that there will be a lot of meetings to which the owners will be invited to participate.  Postings will also be done on the web site.  He anticipates that the work of the committee will take about a year to complete.  Hopefully, the documents will be ready for a vote by the 2007 annual meeting.

Karlyn McPartlin asked how it is possible to obtain the required vote on changes to the CC&R’s when a super-majority vote is required.  Keith pointed out that if the vote cannot be obtained there is a procedure spelled out in NRS 116 that would allow the association to go to court to get approval if it so desires.

Ø      A motion by Lumos, seconded by Gravenstein, to approve the action plan as submitted was approved unanimously.

VI.   Old Business

A.               Appoint New Members to Architectural Committee (Discussion/Action)

Walter Fox has volunteered to serve on the committee. 

Ø      A motion by Woolley, seconded by Gravenstein, to appoint Mr. Fox to the committee was approved unanimously.

B.               Revision to Architectural Guidelines (Discussion/Action)

Revisions to the Architectural Guidelines as requested by Keith Judson were discussed.  It was suggested that the revisions be adopted, but not recorded yet since the fee schedule will change after the road plan is completed. 

Ø      A motion by Woolley, seconded by Lumos to adopt the revisions as proposed, with the proviso that any existing non-conforming uses will be allowed to remain until such time as they need to be replaced; further, that the document will not be recorded until the final fee schedule is determined at the July annual meeting was approved unanimously. 

VII.   New Business

A.               Annual Meeting Preparation  (Discussion/Action)

President Woolley has asked Debra Gravenstein to take charge of the picnic which will follow the annual meeting.  Linda Peevers, who has organized the picnic for many years, will be out of town and not able to do it this year.  She has agreed to meet with the committee and inform them of the procedures used in the past to organize it.  Len and Nancy Russell volunteered to help Debra organize the picnic. 

Harry Stanley of Fire Safe Highlands asked how much time they would be allotted for a presentation at the meeting.  President Woolley requested that he limit his presentation to about 15 minutes.  The board will also request the public officials invited to speak at the meeting to limit their comments to a short time period.

B.               Annual budget concerns (Discussion/Action)

President Woolley explained the provisions of NRS 116 which allow maintenance of common elements which is not daily maintenance to be paid from the reserve account rather than the operating account.  This may affect the way the budget is structured in the future.  The income from real estate transfers has decreased significantly.  Fixed expenses, which included items such as taxes, bookkeeping, insurance, postage, and ombudsman fees, are about $40,000 per year.  Road grading, gravel and similar maintenance can be paid from the reserve account.  This account can be funded by special assessments if necessary.  The amount that can be funded in the operating fund is restricted by the dues set forth in the CC&R’s.  Routine maintenance such as snow plowing would still be funded through the operating account. 

Keith Judson pointed out that most property owners are not concerned about from which fund payments are made, but rather that their costs are fairly constant and foreseeable.  They are not happy with frequently recurring special assessments.

C.              Any Other Matters Which The Board Members Wish To Discuss (discussion)

Rita Lumos stated that there will be two openings on the board in July and that volunteers are needed.

President Woolley announced the tentative appointment of Karlyn McPartlin to the Park Committee.  It was noted that the park committee needs to be appointed in conjunction with the HRPOA.  There may be someone proposed for the committee to represent the HRPOA.  Ratification by the board of the HRPOA will be requested.

VIII.          Adjourn

There being no further business, the meeting was adjourned at 9:50 pm.

Respectfully submitted,


Rita Lumos, Secretary