Special Meeting Notes: July 22, 2024

Please note: the Special Meeting held on July 22, 2024 was a public meeting. The purpose of the meeting was to review the proposed covenant changes and to get residents' input on setting the standards for the community.

Agenda

• Introductions:

  • Board Officers

    • Joe Doran - President

    • Lonnie Steinmetz - Vice President

    • Howard Aubertin - Treasurer

    • Kort Herman - Secretary

    Members at Large

    • Chuck Liberty

    • Michael Montileone 

    • Marlowe McDowell

    • John Santana

    Staff & Guests

    • Misty Danley - Administrative Assistant

    • Cale Fierro - Bangs McCullen

  • Covenant Update

    • Setting the Stage: Brief Chronology

    • Exhibit A Considerations

    • Review Proposed 4th Amendment

    • Discuss Recreational Storage Guidelines

    • Gather Community Input 

    • Finalize Amendment

    Friendly Reminders

    • Please sign in

    • Please hold questions until the review portion of the presentation 

    • Let’s focus on moving forward and finalizing the 4th Amendment

    • Let’s be respectful of everyone’s time 

WHY IS THIS SPECIAL MEETING BEING CALLED?

• Resident Concerns 

  • The covenants weren’t being followed

  • The covenants weren’t being enforced

  • Rules were murky
    & inconsistent

  • The covenant related to RVs needed
    to be updated

• Board Concerns

  • Inconsistent process

  • decisions varied over the years depending on the board/resident consensus at the time 

  • Ensure all residents are informed and have the opportunity to  participate in the process if they choose

  • Improve definitions and make processes more clear

  • Establish clear guidelines based on best practices of other HOAs that reflect current resident-guided standards

  • Ensure updates to the covenants follow by-laws and legal process

WHERE WE’VE BEEN

• Covenant Survey Summer/Fall 2022

  • Covenants Committee conducted a survey

  • A top concern was compliance:

  • RV parking

  • Non-running vehicles on property

  • Exterior work being done without approval of Architectural Committee

  • Pool security

  • Residents were in favor of the covenants being enforced at the Annual Meeting 

• Homework 2023

  • The Covenants Committee, Board, and residents began discussing what steps to take to better enforce the covenants

  • Architectural Committee develops architectural change form to help eliminate confusion around process and establish consistent standards 

TAKING ACTION

TONIGHT’S PURPOSE

• Review the proposed changes to the covenant 

1. Review Exhibit A

• Explain reasons the Board felt it necessary to expand the language presented by the homeowner group

2. Review Exhibit B

• Review each paragraph of the revised language and get resident input from this meeting and share other considerations from residents

3. Discuss Recreational Guidelines

• Review draft language intended to help clarify the process for variances

4. The Goal: Finalization

• Take input from this meeting and work with legal counsel to finalize 4th Amendment  

5. Final 4th Amendment 

• Presented at the Annual Meeting in September

• Gather signatures (if more signatures are needed, the Board will canvas)

• Record with the Register of Deeds

EXHIBIT A: LANGUAGE BROUGHT FORWARD FROM HOMEOWNERS IN APRIL

The language does offer more flexibility… however…

• Language is vague - does not address other types of vehicles: ATVs, recreational vehicles, side-by-side

• Does not define “next to” (residents have repeatedly asked for more specific definitions) 

• Limits ability for the board to act/enforce because so much is left for interpretation 

• Did not allow residents who weren’t approached with the petition to have an opportunity to weigh in 

EXHIBIT B: PROPOSED AMENDMENT LANGUAGE

Paragraph A: is the same wording as the original/current covenant

Paragraph B: contains new language & more specific definitions

• broader to include more types of vehicles (i.e. ATVs, side-by-sides)

• changes the language of the original covenant related to location 

• Was - behind or in an enclosed garage

• Now - includes parking adjacent within 10 ft of the structure

Paragraph C: new language to address resident concerns related to definitions of locations 

Paragraph D: is new and requires residents to submit a recreational vehicle parking plan to the  Architectural Committee for approval

• Will help provide consistency & conformity within the neighborhood 

• Will give the Architectural Committee better visibility & helps identify variances needed

• Will streamline the communication process between the Architectural Committee, Board, and residents

Paragraph E: new language that emphasizes existing wording in the covenants related to keeping the lot neat, orderly, and well-kept 

Paragraph F: new language addresses vehicles falling into a state of disrepair and ensures vehicles kept on the property are in working order

Paragraph G: similar to wording in Exhibit A – adds definition to types of vehicles

MEETING NOTES

Board Attendance: All Board members were present. Joe Doran, Lonnie Steinmetz, Kort Herman, Chuck Liberty, Michael Montileone, Marlowe McDowell, Howie Aubertin, and John Santana.

Resident Attendance: 59 residents were present and signed in - Al Stockman, Linda Iverson, Dawn Liberty, Greg & Sherry Morford, Jennie Steinmetz, Karen Hall, Darrel Kjerstad, Jake Ankele, Dave & Bonnie Berg, Judy Wangen, James McNulty, Jon Zebill, Curtis Bietz, Bonita Ley, Quentin Danley, Paul Sterling, Sue Jorgensen, Janet Gullion, Kyle Rohrbach, James Matkins, Matt McLeod, Terry Brewer, Heidi Horton, Ted Johnson, Andrea Doran, Jim & Dawn Rix, Kathleen Hastings, Nick & Chris DeMarce, Kevin & Sharon Jones, Bill & Julie Lein, Morey Trupe, Janet Montileone, Jeff Nelsen, Chenoa Jensen, Kris Jensen, Elaine & Kirby Mellegard, Rick & Nancy Spoolman, Terron & Karla Voller, Julie & Brian Hager, David Pearcy, Kylee & Danny Zimbardo, Rob & Janet Young, Douglas Jackson, Angie King, Heather Wood and Dwight & Lorna Schnabel.

Staff Attendance: Misty Danley, Mike Riker, and Cale Fierro of Bangs McClullen Law Firm. Mr. Fierro is the new legal counsel.

Purpose: Board President, Joe Doran explained why the Special Meeting was called. He recapped the results and concerns mentioned following the most recent Resident Survey were covenant compliance and enforcement It was also requested at that time for an update to the RV covenant. Joe stated that the Board agrees with the concerns of the residents and has been working to research and establish consistent processes and guidelines based on best practices of other HOAs to reflect current resident-guided standards, ensure that any and all updates follow the by-laws and legal process and to improve communication between the residents and the Board. Joe also spoke on the actions taken by the Board concerning resident requests including:

• Raising community awareness about covenant compliance by notifying residents of the most common covenant violations

• Establishing auto-pay option to make it easier for residents to pay HOA dues

• Researching HOA best practices for covenant changes

• Implementing new security protocol for the pool and sports courts

• Considering resident feedback on covenant change, notifying residents of proposed changes, inviting community participation, establishing clear process for making changes, consulting legal counsel and sharing expert recommendations, considering guidelines to allow for maximum flexibility within the covenants

Joe reminded those in attendance that the Board is not against the residents, they want to do the due diligence when updating the 1970 standards to the current standards. The Board wants to have tools in place to know how and what to enforce &/or address concerns moving forward.

Exhibit A & B: Attorney Cale Fierro stated that Exhibit A is not recordable as submitted to the SCCE Board. If the HOA Board decides to proceed with Exhibit A, more descriptions and definitions will be needed before submitting to Pennington County.

Discussion: The residents in attendance provided input and suggestions regarding the wording of the Amendment Change. It was decided that the SCCE Board will allow residents to email additional information, suggestions, and opinions to the admin@southcanyoncountryestates.org email through July 29, 2024. The Board will then analyze the input from the residents and present the information at the August 26, 2024 meeting. It was determined that no vote or decision would be made during this Public Meeting, Joe Doran thanked everyone for their input and for attending the meeting. The meeting was adjourned at 8:37pm.

SCCE BOARD OF DIRECTORS MEETING

This meeting was held after the Special Meeting on July 22, 2024

The meeting was called to order at 9:07 p.m. by Board President, Joe Doran.