Country Walk’s 4th Annual Homeowners’ Meeting
The 4th annual Homeowners’ Association meeting was held Oct. 4, 2000 at the Brownsburg Public Library. Ninety-four homeowners were present that evening, either in person or by proxy. Jeff Ucchino (the Homeowners Association’s attorney) and Matt McQuiston (the Kirkpatrick Management Company Representative) also attended the meeting. The majority of the discussions centered on the budget proposal for 2001, legal fees, and questions pertaining to the lawsuit the association is currently in.
A vote on the 2001 budget of 86-for and 8-against (plus the 3 not represented; 2 houses vacant) did meet the 75% approval required by the covenants. Therefore, the 2001 dues collection will be $170 (two $85 payments: one due by Feb. 1 and one due by June 1). The board would like to thank everyone that signed proxies so that we could get a true representation of Country Walk at the annual meeting.
Please take a little time and read through the attached minutes for more detailed information!
We congratulate Greg Creese for winning another term and won the vote (91-for and 3-against), effective Oct. 5, 2000. Thank you for all your hard work, Greg! Keep going!
¬ The usual reminder to keep an eye on your outdoor lamp post. Please replace any burned out bulbs promptly -- thank you! If you’re concerned about electricity usage, you can always go down to a lower wattage.
Many people expressed concerns that people are driving through the neighborhood too fast. Please slow down since many children live in the neighborhood.
® If you walk your pet, please pick up its waste. Many complaints have been received by homeowners that find the “goodies” in their yard or on their sidewalks.
¯ Please watch your kids, even at the bus stop. Neighbors have been noticing that the rip-rap that surrounds the drains going into the ponds is ending up in the ponds more and more. We all know kids love to throw rocks, but these are costly rocks (either to replace or retrieve).
° Please do not let your portable basketball goals sit in the sidewalks or in the roads. Also, do not store the campers or boats outside more than a couple of days at a time. If stored on the street, any homeowner can call the police to complain and have the vehicle removed.
± No signs are allowed outside for a long period of time other than signs for the sale of homes. This is mentioned in the covenants.
² Please react/respond to the ACC covenant/guideline letters that are received. The letters are sent to better the communities’ appearance and impartially enforce the guidelines.
Please help us, we don’t want to miss anything big.
The board members will be going through the neighborhood this fall and in the spring to determine what landscaping needs that the community has. If you know of a dead tree that should be replaced, or some other landscape feature that is in need of repair, please let one of the board members know. With your help, we won’t miss anything big.
The community would like to thank all of the homeowners that weeded, trimmed, planted flowers and defined the beds at the entrances of Country Walk and at the Gazebo. We would like to mention names but are afraid that we would miss someone.
The board would like to thank all of the homeowners that either came to the annual meeting or let someone represent them via a proxy. We appreciate your efforts, trust and feedback.
Now that school is in full swing and the days are cooler, we may not be seeing much of our neighbors over these next few months. Here’s wishing everyone a Happy Holiday season and a safe and successful New Year!
Summary of the Minutes of the Country Walk Annual Homeowners’ Association Meeting October 4, 2000
INTRODUCTION: On October 4, 2000, at 7:00 p.m. at the Brownsburg Public Library, the fourth annual meeting of the Country Walk Homeowners Association (HOA) took place. The HOA board members, Greg Creese, Darcy Conrad, and John Mullen, homeowners, Property Manager, Matt McQuiston from Kirkpatrick Management Company, and one of the HOA’s attorneys, Jeff Ucchino, attended the meeting. The meeting was called to order by John Mullen. The proof of notice of the meeting was displayed and two motions (from the floor) dispensed the reading of last year’s minutes.
2001 Budget Proposal: John displayed the 2001 forecasted budget and explained the actual costs, forecast expenses for the year, and the variances incurred (see attached budget). John also explained that if the budget did not pass, the association would run out of money in either September or October of next year and a special assessment meeting would be called. Questions were asked: 1) do all of the common areas get fertilized; 2) does the association also have to pay the drainage assessment (from the county); 3) why do we get charged so much for the lake treatments when they rarely treat the ponds; 4) why were legal fees $4800; 5) were the homeowners protected from the litigation; 6) could the costs be recovered; and 7) why weren’t the homeowners notified of the litigation prior to it going to court. Jeff, Matt, John, Becky Bayless and others responded: 1) All common areas get fertilized twice a year (spring and fall: we just have not had the money to do both fertilizations in prior years). 2) The association has to pay drainage fees for the common areas. 3) The ponds are inspected weekly by ASAP, the pond-maintenance company, and they treat the pond when needed. 4) An overview of the attorneys’ services were discussed. It was also mentioned that two separate law firms have been involved in the litigation for reasons that could not be discussed. 5) The letter sent to the homeowners a couple of months ago discussed the legalities of the litigation. 6) Costs could be recovered if the judgement was in the HOA’s favor. 7) The homeowners were informed in last year’s HOA annual meeting that some of the legal fees paid were for a litigation involving one of the homeowners. The HOA board is supposed to protect the property values of all residents within Country Walk (the roles of the officers are discussed in the by-laws).
With the 2001 forecasted budget, homeowners would be required to pay two payments of $85.00 in 2001. One payment would be due by February 1, 2001 and June 1, 2001.
John Mullen asked for a vote for the 2001 budget. The homeowners voted (in person or via proxy) and approved the 2001 budget with 86-yes votes and 8-no votes.
Election of the New Director on the HOA Board
John told the homeowners that Greg Creese’s board position term was ending, but he was re-running. Also, Susmita Ghosh also ran for the board position. John explained the different Board positions and that the board members decide what they want to do. There is a treasurer, secretary, and a member that coordinates the Architectural Control Committee notebook. John opened the floor for nominations. No one was nominated from the floor. Homeowners motioned for the vote. The homeowners voted 91 for Greg Creese and 3 for Susmita Ghosh. The board would like to thank Greg Creese for all of his past help and welcomes him back on board. Thus, the three current directors are John Mullen, Darcy Conrad and Greg Creese.
Miscellaneous: Statements were given about the lack of people replacing their light bulbs in their lamp posts. Homeowners were concerned about home upkeep. It was apparent that the board has homeowners’ support as to keeping the properties within Country Walk looking neat and maintained. A homeowner asked if street lights could be brought up for a vote next year. John answered that it can be brought back for a vote, but the interested parties should coordinate it with the board in late August, 2001.
ACC SUBMISSION FOR IMPROVEMENTS
Please note the following change for submissions:
Send ONE COPY of your information to Kirkpatrick Mgmt. Company
and ONE COPY to John Mullen, Darcy Conrad or Greg Creese.
Be sure to date your letter and enclose all necessary information.
ANY OUTSIDE IMPROVEMENTS need ACC review and approval
DECKS, FENCES, SWINGSETS, LARGE LANDSCAPING JOBS, DOG HOUSES
As stated in the annual meeting Newsletter, please submit for existing structures
that have not already been appproved.
1. Fence, structure, driveway, swimming pool, tennis court, mailbox, light pole or fixture, landscaping or exterior modification to the original construction. This includes changes in color. This also includes ALL TYPES of swing sets.
2. All requests shall be made in writing and include:
- Plot plan of lot showing location of improvement
- Elevation - side view or picture of proposed improvement
- Materials list
- Finished color plan of improvement
3. Fences are to extend from the back corners of the home, unless specifically accepted by the ACC.
- acceptable fence styles: split rail and picket.
- not to exceed 48” in height.
- Spacing between pickets to be no less than one-half the width of the face of the pickets.
- 6’ shadow box fences may be approved if installed immediately around an in-ground pool or deck near the house. Privacy fences are not to be used for perimeter fencing.
- Fences must be built of decay-resistant wood materials.
- No chain link fences are allowed.
- Fences must be maintained at all times.
- All fences require written ACC approval prior to construction.
4. No stand alone mini-barns or storage sheds are permitted.
5. Outside antennas and satellite dishes in excess of 24” in diameter are not permitted unless specifically
approved by the ACC. Satellite dishes of less than 24” in diameter require ACC approval as to location, color, and other aesthetic considerations.
6. Outdoor storage of recreational vehicles, boats, jet skis, trucks, cars, motorcycles, etc. is prohibited.
7. No metal or fiberglass awnings or patio covers are permitted.
8. No above ground swimming pools in place for more than forty-eight (48) consecutive hours are
Matt McQuiston, Kirkpatrick (800) 899-6652
John Mullen 600 Country Walk Dr. 852-9085
Darcy Conrad 713 Country Walk Dr. 858-5264
Greg Creese 16 Cinnamon Crt. 852-9154
Country Walk Homeowners’ Association “Frequently Asked Questions”
Why do people have different sets of covenants?
Each building phase of Country Walk was required to have a separate set of covenants filed at the county Recorder’s office. There are 3 phases in this community, so lots 1-36 (North entrance) have Section 1 covenants, lots 37-67 (South entrance) have Section 2 covenants, and lots 68-99 (middle) have Section 3 covenants.
Are there differences in these 3 sets of covenants?
There are only two minor differences between these three sets of documents. The first is in paragraph 1.04 where a sentence was added at the end of the Sections 2 and 3 covenants for lots 45-47 and 86-92 (those backing to the ball diamonds) to be allowed shadow-box fencing at the rear of their lots. The second is in paragraph 1.13 where the original Section 1 covenants stated no exterior TV antennas are allowed, but this was changed for the Sections 2 and 3 covenants to an “ACC approval required” rather than an outright ban. (We feel that the entire community should be allowed the necessary equipment, with consideration given to aesthetic size and placement on the house. There is also an FCC ruling that no association can ban these devices or cause any interference with reception.)
How does the ACC decide what will or won’t be approved?
Decisions on structures are made based on the specific requirements of the covenants, the guidelines originally given to new home purchasers by Republic/Ryland (and published in various HOA newsletters), and from past precedent. The covenants are actually pretty vague concerning things like fence types, colors, etc. but that’s where the ACC is trying to keep things consistent with what’s previously been approved. Each request will be reviewed as both an individual item as well as its relationship to the rest of the community (paragraph 3.04) and the approvals or disapprovals already given.
How do we give input on a structure currently under ACC review?
Please call the property manager or any of the board members as soon as possible if there is an exterior improvement being considered that you have concerns with. Your input will ALWAYS be kept confidential, and is important in determining approval for items that may or may not be aesthetically pleasing to the community. We never want neighbors to be placed in an awkward position with each other, though honesty and openness certainly is important in these situations.
What do we do if we disagree with an ACC decision?
Paragraph 3.06 of the covenants provides that any determination of approval or disapproval made by the ACC in good faith shall be binding on all parties. In order to keep individual issues from burdening every lot owner, there is no provision in the covenants for a specific percentage of the community to give an “override vote”. This community voted in board members to uphold the standards set forth, and they are responsible for the fair and equal determination of ACC issues.