Minutes of December 15, Joint 2011-2012 Board Meeting,

7:30 PM at the home of Tina Blum

Present:  Joe Bergen, Muriel Horacek, Trang Tran, Debra Grubb, Tina Blum, Chari Gilmore, <redacated>

--The Minutes from the October 25th Board meeting and the November 16th Annual Meeting were approved.

--The duties of the retiring members, Treasurer and Secretary, were discussed, and it was agreed that <redacated> would serve as Treasurer and Chari Gilmore as Secretary.

--Debra reported that a Mesa resident (30168) is still in arrears for over $3700.  After numerous attempts and actions to collect the dues and late penalties owed the Association, including one last attempt letter sent certified mail on November 16, 2011 (attached), the homeowner contacted Cardinal Management and stated he would only pay the dues.  He stated he would not pay late penalties or collection fees. 

Email update from Cardinal:

Hi All,

By now you should have all received the November Financials, also we heard back from Mesa resident #30168 and he basically refused to pay any late fees or collection costs.  I will attach the notes from Peter regarding the conversation below.

"December 8, 2011

30168 called around 3 pm owner asked for a break down of the charges to be faxed over.  Owner was sent both the SoCal records and HOA records.  Owner offered to pay $3170 but not the collection charges.  He was told that isnít acceptable and he must pay the full amount or his account would be referred to foreclosure attorneys per previous correspondence.  Conversation ended with him saying he would have his laywer contact us.   We have not been contacted by him or his lawyer and a check for $3170.00 was never received."

Here is the foreclosure agreement with the attorney.  If you have any questions, please let me know.
Thank you,

Adrian Oesterreich

The Board discussed and agreed not to waive late fees and collection costs, as it amounts to the Association giving the homeowner an interest free loan for approximately three years and the Association would be responsible for the collection costs.  There has been a history of this practice by this individual homeowner.  The homeowner has never contacted the Board to work out payments. To the Boardís knowledge, there is no financial hardship.

It was decided that Trang will discuss the Associationís position and rights under state law with the law firm of Richardson-Harman-Ober.  Cardinal Management recommended this firm as foreclosure attorneys. 

The Board voted to authorize Trang to sign the collection fee agreement with Richardson-Harman-Ober and authorize them to collect the debt owed the Association through any means including foreclosure, if so advised by Richardson-Harman-Ober.

--A decision as to whether we post the names of recommended repairmen on the Mesa website, as suggested by a resident, was postponed until January.

--Joe submitted the Maintenance Budget for January 2012 which includes plant removal, irrigation improvements, and plants.  He is submitting this now, since he can obtain free mulch in January.  The total cost will be $6145, including labor.  The budget was unanimously approved. 

-Joe reported that the cost of clean-up by our gardeners after the wind storm December 8th was $715.  One tree was uprooted, and several large limbs broken, besides many branches and leaves scattered throughout the Mesa.

--Tina was complimented on having the pool fence painted satisfactorily and at a reasonable price.

--The Board approved the transfer of $3000 of unused culvert repair funds in the Operating Fund to the Reserve Fund for future upgrades of playground equipment. 

--The next Board meeting will be at 8:00 PM Thursday, January 26 at the home of Tina Blum. 

Muriel Horacek, Secretary