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
& inconsistentThe 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
Review Exhibit A
Explain reasons the Board felt it necessary to expand the language presented by the homeowner group
Review Exhibit B
Review each paragraph of the revised language and get resident input from this meeting and share other considerations from residents
Discuss Recreational Guidelines
Review draft language intended to help clarify the process for variances
The Goal: Finalization
Take input from this meeting and work with legal counsel to finalize 4th Amendment
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.