The April 26 2019, Board of Directors (BOD) Meeting was held at the Red Lodge Area Community Foundation, 122 Hauser Ave S, Red Lodge, MT.
Present: Wally Tate (Chairman), Clay Cummins (Vice Chair), Tom Schwin, Dan Siefert, Sue Roi, Larry Martin and Administrative Assistant Sandra Haisler
Chairman Wally Tate called the meeting to order at 4:05 PM.
Update on road work to be completed this spring presented by:
Jim Bushnell, City Public Works Director
Jim stated, the contractor is coming back in June to repair some of scrub seal and some of the cracks along the concrete and pavement. The entire sub-division will be chip sealed, including Diamond “C”.
The sweeper will be here to sweep the rocks off the curb and streets. The homeowners can rake any rocks into the the street for the sweeper to remove.
Jim, gave a heads up to the committee about copper water lines deteriorating in the city and on older sections in our sub-division.
Approve Quarterly Minutes from last meeting (1/31/2019)
Clay Cummins moved to approve the Quarterly Minutes from 1/31/2019, Tom Schwinn seconded. The motion passed unanimously.
Review and approve quarterly financial report.
The reports reflect that we are in good financial standing. Considering we are accumulating a large balance, there was discussion that should we get involved in litigation the cost could be significant, and we need to assure that we have funds available should any future issues arise.
A notice will be sent out to delinquent homeowners.
Larry Martin moved that the financial reports be approved as circulated, Clay Cummins seconded. The motion carried unanimously.
Update of Diamond C Links Street Signs. (Wally Tate)
Wally Tate reported that the missing street signs in Diamond “C” have been replaced. The total project cost was $326.00.
Update on BRTA Trail Project (Dan Siefert)
- BRTA has been working on and hoping to implement the plan this year.
- BRTA is now thinking about extending the “Wellness Trail” that comes up from the hospital.
- Need to get the street right of way surveyed, as there are no survey pins there. BRTA will pay for the survey.
- BRTA has $15,000 pledged for the project, plus $2,500 from RLCCEPOA pledge and will not require donation until there is actual work being completed.
- Trail to Sam’s is on hold for now.
- A landowner is not sure what they are going to do with that property.
- Sam’s Ales may have other plans for that area, (parking, amphitheater, etc.) and do not want to commit to a trail at this point.
Fence/Screen on 1430 Lazy M Street (Sue/Wally)
Wally spoke with the owner of the property that was installing a fence/screen. He wanted to know if it had been approved by the Architectural Review Committee (ARC). The property owner stated she had not submitted an application or plan to the ARC. Wally suggested she do so to avoid problems. It was unsure upon leaving if the property owner would submit an application to the ARC or not.
Steve Roi checked this morning and as of today there has not been a plan submitted.
Wednesday morning there will be a meeting with Jeff on other plans that have been submitted and this property will be addressed again in regard to any plans submitted.
Enforcement of Covenants
What are our rights as the board to demand that the covenants be enforced?
Larry Martin:
- If JMA is the declarant it is their responsibility to enforce the covenant. We have a right to demand that they enforce the covenants.
- Possibly send letter to JMA to enforce the covenants.
- What is the issue, we would have to decide how significant a variation or violation of the covenants is, second to what extent is the precedence setting?
- Determine if negotiations like Wally has taken in the past would help.
- Then, we simply demand that the declarant fulfill their responsibility.
- We would have the right to bring a declaratory judgment action requiring them to meet their legal obligation.
- That kind of lawsuit does allow you to obtain attorney fees.
- But you want to avoid litigation if you can, make sure it is a hill you want to stand on.
The new construction and regulations is of the utmost importance and should be a priority in assuring the covenants are being followed and implemented. At this time, it was agreed that JMA is overseeing and assuring that the covenants are being followed on new construction.
As per the October board meeting the board does not want to be responsible for policing covenant violations; the recommended procedure for covenant violations is reiterated below:
The following are recommendations for steps to be taken in regard to covenant violations:
- If a property owner has an issue with covenant violations of a neighbor, the two parties should try to resolve the issue in a neighborly manner.
- If a resolution cannot be reached, the property owner can contact the POA Board and the declarant. The POA Board will assist the property owner in trying to resolve the issue.
Annual Meeting
Tentative Scheduled:
The Red Lodge Senior Center, 207 Villard Ave. S, at 3:00 PM, Sunday, July 21, 2019
Newsletter
We need articles on BRTA Trail Project; covenants; wildlife sightings, interest articles, etc., try to have to Sandra by the first week of June in order to include with our mail out notifications of the annual members meeting in July.
These minutes were approved at the _____________________ Board of Directors Meeting.