Virginia City Highlands Property Owners’ Association

Minutes – Tuesday, October 9, 2012

V.C. Highlands Fire Station Training Room


Present:  Thomas, Tallent-Stewart, Flanagan

Absent:  McPartlin

I.                    Call to Order, Declaration of a Quorum, and Approval of Meeting Agenda  

President Dave Thomas called the meeting to order at 7:04 pm.  He declared a quorum present.  A motion by Tallent-Stewart, seconded by Flanagan to approve the agenda as presented was approved unanimously.

II.                  Approve Minutes of September Meetings

A motion by Tallent-Stewart, seconded by Flanagan to approve the minutes of the September 11 meeting was approved unanimously.

A motion by Flanagan, seconded by Tallent-Stewart to approve the minutes of the special meeting of September 29, 2012 regarding the sale of the fire station was approved unanimously.

The Board of County Commissioners approved the agreement for the purchase by eminent domain the fire station property at their meeting of October 2, 2012.

III.                Review of Financial Statements

Thomas reviewed the financial statements for the month of September.  Total expenses for the month were $14,073; income was $931.  The cash balance at the end of September was $171,617.  A motion by Flanagan, seconded by Tallent-Stewart was approved unanimously.  The complete financial statement is available on the web site at

IV.               Comments by Association Members (NRS 116.31083.5)

There were no comments from those in attendance.

V.                 Committee Reports

A.     Architectural Committee  

Rita Lumos reported that there were no applicants at the October meeting.  A replacement member of the committee is needed since one of the members has moved from the Highlands.


Lumos requested that the committee’s very old file cabinets be replaced.  The cost would be about $400.  A motion by Tallent-Stewart, seconded by Flanagan, to replace the cabinets was approved.  An effort will be made to find the best price.

B.      Road Report  

Steve Morrow reported that a minimal amount of work was done in the last month.  Repair work was done on Flint Road.  Thomas stated that he had heard from one resident of the area who was very pleased with the work.  It is expected to improve with winter moisture. 

Currently they are assessing the roads to determine if any more maintenance is necessary before the winter weather arrives.

A couple of culverts that residents complained about have been cleared.

A motion by Flanagan, seconded by Tallent-Stewart to approve the road report was approved unanimously.

C.      Park Committee

 No report.

VI.               Unfinished Business

A.     Review/Approval of Agreement for Storey County Purchase of Fire Station (unless previously acted upon)

The county will condemn the fire station property under the provisions of eminent domain.  They will pay a total of $250,000 for the property, payable over a number of years to reduce the association’s tax liability and make the purchase more convenient for the county.


B.      New Signage for Entrance-Legal Review  

Appropriate language has not yet been determined for the signage at the entrance.  The issue of stating that roads are private roads, but not in the vicinity of the proposed signs needs clarification.  Those present urged that these signs be expedited, both to serve as notice to the public and to reduce the number of old signs at the entrance.

VII.             New Business

A.     Addition of Provision for Park Donations on Annual Billing Statements

Pat Flanagan stated that there is little or no money in the County park fund for Pinion Park in the Highlands.  He suggested that a provision could be added to the dues billing statement to allow owners to donate to the park fund.  He suggested the money would go into the county’s park fund.  Thomas felt that the association should keep the money to be used for park improvements.  There was concern that association money could rightly be spent on a county owned facility.  It was decided that any money donated would be safeguarded by the association in a dedicated fund.


Jim Watson asked whether money could be dedicated for the care of the wild horses.  Dave stated that there is already a provision for owners to donate if they choose.  The association has donated to the VRWPA in the past.  Mr. Watson stated that VRWPA is well organized at present and is in need of funds for the preservation of the horses.


Mary stated that the state is only picking up range horses if there are complaints.  People are feeding the horses so they are congregating in those areas where residents are feeding.  There is no feed on the open range.  VRWPA is in talks with the Dept. of Agriculture to do some emergency feeding.  This will be very costly. Information can be sent out with the dues notices.

B.      Signage for Association Equipment

There is a need for identifying signs on the road maintenance and snow plowing equipment to notify the public that it belongs to the association.  Decals will be placed on the doors or other prominent place on the equipment.  A motion by Tallent-Stewart, seconded by Flanagan to purchase and install the identification was approved unanimously.

VIII.           Any Other Matters which the Board Members Wish to Discuss

Dave reported that the association has received an opinion from the State of Nevada Standing Committee on Judicial Ethics as to whether a judge may serve as a member of the board of a homeowners’ association.  The Committee believes that service by a judge as a member of the board of homeowners’ association is consistent with permitted extrajudicial activities encouraged under their rules, so long as it is not likely the association will be engaged in litigation that would ordinarily come before the judge and that he does not act as the association’s legal advisor.


Flanagan stated that members of the association would be appearing before the judge’s court, but the rest of the board agreed that is not a cause for concern and not mentioned in the opinion.  The association has never been involved in a suit before the Justice of the Peace.


A new member will be appointed to the board at the November meeting.

IX.                Comments by Association Members (NRS 116.3108.3(c

There were no comments from those in attendance.

X.                  Executive Session to Discuss Possible Violations of the CC&R’s, if Necessary  

No executive session was held.

XI.                Adjourn

There being no further business, the meeting was adjourned 8:04 pm.


            Respectfully submitted,

Rita Lumos, Recording Secretary