FOR POSTING ON NEXTDOOR, LOSTCREEK GOOGLE SITE, AND BY US MAIL TO ALL NEIGHBORS—20 September, 2020 Update

Hello Neighbors!

We wanted to give you an update on the many items on the to-do list that came from the HOA meeting in June.

GOOD NEWS FIRST!

1. The ratification of the by-laws and CCRs is coming along well. We have been given a list of items that are not relevant to the current HOA and that were put in place by the developer (Don Simon Homes, Inc.). We also have the items that will remain in place until the HOA is no longer an entity. We will post a copy of the ratified by-laws in our Lost Creek Madison google page when complete and give the neighborhood a chance to vote on some items.

2. Replacement of mailboxes: **It is an HOA responsibility and not each individual homeowner**. We are in the process of finding a contractor that can give us a reasonable quote for the installment of new post/mailbox. We will send out a message via Nextdoor and paper letters letting you know the costs.

 NEWS THAT MAY AFFECT HOA MEMBERS’ FUTURE ASSOCIATION DUES:

3. Liens and non-payment of dues: We have 4 homes that are in default status of association dues (some over 4+ years). We are being advised by the lawyer on how to proceed with recouping those funds. Anyone that has questions on these matters please e-mail us directly. The HOA will NOT release the names and/or house numbers on a social post nor a dues letter. If you want to know more about the process and action we are taking to recoup those fees please e-mail us.  **2020 fees were not included in the non-payment status list; you will receive a reminder separately for this year’s fees**

4. Lost Creek has a lawyer: Most HOAs keep a law firm/lawyer on retainer during its existence. Our need for a lawyer in June 2020 was two-fold and we know it was a big change from previous years. Main reasons: We have outdated by-laws and CCRs that were never ratified after the developer completed construction and the HOA was passed to the neighborhood; We had a resident with many questions/requests for clarifications that went beyond the scope of volunteers that sit on the HOA Board; We have 4 homes in non-payment status of dues/fees and legal advice is necessary for moving forward with recouping payments. These are all ongoing matters and we are using reserve funds to pay his very low fees. If you have specific questions on these matters we will answer them individually. Please feel free to e-mail us on lostcreekmadison@gmail.com. 

We hope you enjoyed the short summer. We miss having our annual get-togethers due to the many restrictions and precautions for our safety. We hope this coming year lets us get back to being a community.

Please contact the HOA Board members if you have any concerns via our website https://sites.google.com/site/lostcreekmadison or via e-mail at lostcreekmadison@gmail.com

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Lost Creek HOA Board Members

Lost Creek Homeowners Association

Date | Time June 29, 2020 | 6:30pm-8:00pm | Annual Membership Meeting

Board members: Liz Harman, President | Wendy Kempfer, Treasurer | Lisa Bentheimer, Secretary| Brittany Wescott, Board Member | 

Architectural Committee members: Kara Ripley | Trina Noonan-Mayerhofer|

Guests in Attendance: Jason Johns with West&Dunn ; Mike Tierney, Alder for District 16

1. 
   Introductions- The current BOD was introduced. 37 households were represented in person and via Zoom.

1. Mike Tierney – Alder for the 16th district talked about the city and the effects that Covid 19 has had on the city. The city budget has a 35-million-dollar deficit. We are seeing a reduction in bus/passenger routes. The buses are being sanitized on a regular basis, but we can’t sustain the level of business currently. A company called HSA is going to build 3 buildings totaling 45000 square feet. Dupont will be adding companies that make food.  Landfill will be at capacity in the next 10-15 years.  Trying to find a replacement site is difficult.  The city is working with the DOT in regard to the hazardous intersection at Highway 12 & 18 and Millpond Rd.  Currently the city is trying to obtain Federal dollars.

2. Jason Johns from West and Dunn was requested to assist the Lost Creek HOA in matters involving one neighbor and to assist with the interpretation and changes to the by-laws which affect the entire membership. Also,the President and the Treasurer position carry fiduciary responsibilities and need legal assistance regarding those responsibilities/how they are interpreted in the by-laws, etc. We do have at least one amendment to the covenants regarding the sheds that we voted upon to allow as an amendment and need legal assistance to update the by-laws. Mr. John’s hourly rate is $240 an hour. He is not on a retainer but is assisting on a case by case basis.

*at this point the floor was opened to the membership present to ask questions of the lawyer and Board of Directors. the following is for information only*

Questions from Zoom participants 

1. Is having an attorney on retainer new? Yes. 

2. Why are we paying for an attorney on something that is clearly a personal matter? This is not completely accurate.  Yes, this was a result of one neighbor’s actions but did affect the entire BOD in 2020. A previous note from the HOA Directors was sent to the neighbors outlining the many complaints/concerns that were filed against the HOA in 2020 which precipitated the need for a lawyer.

3. -  A resident in attendance brought up her negative experience with this same neighbor as well after the lawyer was introduced. She addressed her concerns to the membership at large.

4. The lawyer will be assisting in making changes to the Conditions, Covenants and Restrictions section of the by-laws since it is considered a legal document which has several grey areas and contains outdated items since incorporation.

5. Can the lawyer’s contact information be shared with the neighborhood? The lawyer's contact information will be shared but all communication to the association's attorney MUST GO through the Board of Directors for billing purposes, etc. Jason Johns with West&Dunn Law Firm. 

6. Since emails to the Gmail are forwarded to the attorney, does that mean that the HOA will be billed for any contact sent to the board? Not ALL emails will be forwarded to the lawyer. Only the ones that require the Board directors to seek clarification on. All copies of bills and invoices are available to homeowners upon request.

7. What is the HOA incorporation date? The HOA incorporation date was 12/26/2001. The HOA would be in effect for 25 years and would run until 12/26/ 2026. At that time, a vote would be taken by the subdivision to determine if the HOA should be dissolved. If a majority of the members do not vote to dissolve the HOA, then it would be extended automatically for 5 years, etc. 

MEETING AGENDA RESUMED AT THIS POINT

2. 
   Old Business – carried forward from previous meeting

1. Is the city done with the Ash Trees? All trees have been cut down in Lost Creek. Replacement is ongoing but only a few streets have had replacements.

2. Can speed limit signs or speed bumps be installed?  We did reach out to the city about the intersection of Yesterday and Honeypie as there was an accident last year in which a resident was rear-ended. A yield sign at Yesterday and Honeypie has been installed. The city did come out and make an assessment and determined that speed bumps are not eligible based on measurements of our streets.

3. Can we contact the city for poop bags/trash cans? We can look further into this as it was recommended that since there is already a trashcan at the park, maybe adding a poop station to the corner of Hey Jude and Imagine might be ideal.

Can we have a trash can at the park all year round. The city picks up all trash cans from all public parks. Remember that Lost Creek park belongs to the city of Madison. Attached is a link with contact info for the Parks division. https://www.cityofmadison.com/parks/find-a-park/park.cfm?id=1235

4. Can we have a 2nd meeting each year.  Due to Covid-19, this was not something that would have been feasible this year. We could possibly do more meetings via Zoom in the future.

5. Mailboxes-The by-laws do state that mailboxes are the responsibility of the developer, Don Simon to replace but they are no longer in business and have merged with another developer to become Veridian.The BOD will work on soliciting for bids. We will bring a proposal to the neighborhood on options based on costs and ensuring we adhere to regulations by the USPS on mailbox placement and to insure uniformity. If your mailbox is not placed properly the city will not reimburse you if it is damaged by the plows. 

*Guidelines established per USPS regulations regarding mailbox installation: ♣ Mailboxes installed on streets with a curb must be 41” to 45” above the street surface. ♣ The face of the mailbox must be between 6” and 8” back from the curb face*

Note: A motion was made and passed to examine what it would cost to replace the mailboxes and other options. Options will be mailed out to residents with a chance to vote ahead of the annual meeting to expedite replacements.

3. 
   HOA Fees/Budget/Liens

1. 5 checks were inadvertently left off the treasurer's report. 2 checks (1225 and 1226) were voided and 3 checks (1222, 1227 and 1229) were cashed in 2020. There have never been any missing checks.  Checks that are voided or not cashed in 2019 would not appear on any bank statements.

**If anyone would like to review the bank statements, please contact Wendy Kempfer to set up an appointment.  This information has always been available to anyone that asks. This is the first year we have had someone ask. Currently Wendy takes the info from the bank statements and puts it in an easy to read format.

b.pWelcome Basket clarification- we spent $249.38 in 2019 with welcome baskets being delivered to 9 households.  We did budget higher as the buying/selling market was strong when we set the budget in February.

c. HOA fees (liens and late fees will not be assessed on 2020 HOA fees) – The BOD is trying to keep the dues consistent year after year, so people don’t have to worry if they need to pay more one year and less than another.  We also have a legal obligation per the by-laws to assess fees on any home/property that is subject to property taxes per the City Assessor’s office. We don’t know when we will need that reserve. Several years ago, we replaced our fence and the signs.  We have some major repairs needed on the stonework around the signs.  If we don’t keep a sensible amount of money in the bank, it could cause HOA dues to skyrocket in future years. Please see New Items- Masonry for the entrance.

INFO ONLY: HOA Fees from surrounding neighborhoods – Liberty Place $125 a year, Twin Oaks $10-$15 a month and Secret Places is $250 a year.  We did not contact Juniper Ridge as they have a golf course and a pool; theirs would be a lot higher.

d. Liens – were not discussed as we ran out of time. A separate memo to the neighborhood will be sent clarifying liens process and homes affected.

4. 
   Vote- Lisa Bentheimer retired as Secretary.

The candidates for president gave a brief summary about themselves and what they would like to see for the neighborhood. Nominations were as follows:

President – Liz Harman and Erick Hoefakker ran for president.

Secretary -Vacated- New nomination Brittany Wescott ran unopposed. 

Treasurer – Wendy Kempfer, incumbent, ran unopposed.

Board members (these are not elected positions but chosen by President, Secretary and Treasurer)– nominated – Shonda Hilfiker and Brendan Shoemaker

We received several votes that were mailed in and we verified those in Zoom and at the VFW if they would like to keep their vote the same or change their vote for President. The tallied votes were 31-5 with 2 abstains in favor of Liz.

Additional Nominations were called from the floor (including Zoom attendees). No new nominations. Votes were tallied by Secretary; verified by board member once again.

Results: President – Liz Harman

              Secretary – Brittany Wescott

              Treasurer – Wendy Kempfer

              Board Member 1 – Shonda Hilfiker

              Board Member 2 – Brendon Shoemaker

5. 
   New items

1. Masonry for entrance- One of the entrance posts was damaged during a hit and run in February. The cap stone weighs 300lbs and we recently received an insurance check for this.  It was brought to our attention as well that the masonry is currently crumbling on the Honeypie side into the homeowner’s backyard.  We will need to get this fixed sooner rather than later as this is a hazard to the homeowners. Quotes pending move-out of current residents.

2. Lighting for entrance – would need to revisit this when the masonry gets fixed.  The entrance was wired for electricity, but the wiring is rotting.  This will need to be removed when masonry is fixed.  In the past, we opted not to use the electricity to light the entrance as this was an unnecessary expense for the HOA. Will also require quotes from experienced electricians vs. costs for solar lighting. 

6. 
   New items/concerns brought by members. –*These are not part of the agenda but additional asks which can be addressed at next meeting*

1. Lauren asked about getting quotes to plow the entire neighborhood. We did not have time to discuss this.

2. Jamie at 5402 Penny Lane indicated that he does lawn maintenance.

3. Retaining wall repair is the responsibility of the homeowner. Erin and Shaun used Schönheit Gardens a few years ago to do repair work on theirs.

7. Questions from Zoom participants

1. Has there been any discussion regarding changing our fence height in the by-laws? 

Can we amend the covenant regarding parking boats, vehicles etc in driveways? This would be less of a visual impairment to be parked in the driveway rather than on the street.

-a change to any by-laws regarding fence height or amending the covenant for boats would take a 67% vote of all the homes in the subdivision to be passed. Of the 89 homes, 59 homes would need to vote yes to approve any change. Please send any proposed wording to the Lost Creek email for review.

2. From Elizabeth Wieczorek – I work in insurance, if the board wants me to, I can help out as well. Thank you, Elizabeth, the BOD appreciates your offer and will reach out to you.

3. Mailboxes. Would that include the post or just the box – It would include both

If we decide to replace mailboxes on an as-need basis, can the HOA recommend a single vendor so they will be semi-uniform? Yes

8. Ongoing events – We were not able to get to discuss these due to time but having more neighborhood gatherings was brought up at our February BOD meeting prior to Covid. The types of gatherings that we would have would need to be voted on by the subdivision.

1. Gatherings Neighborhood Block Party – August 15th with a proposed back-up date of August 22nd.

1. Proposed gathering - Doggie Day Spa? This was just a suggestion of something different to do as we have the dog owners in the neighborhood.  If we send out something to see if anyone would be interested, we would then investigate the logistics and feasibility of having an event like this. 

NOTE: due to COVID-19 there are local restrictions on mass gatherings. the HOA Directors have decided that there will be no HOA sponsored mass gatherings for 2020 and 2021 for our subdivision until the city issues official advise and/or the CDC lifts the warnings on spread/infections via close contact

1. Welcome baskets – we will be reviewing and ensuring that those that have moved into Lost Creek in 2020 receive a Welcome Basket.

9. If anyone has an item in the Conditions, Covenants and Restrictions section of the by-laws that they would like reviewed for clarification or to propose a change, please email us at lostcreekmadison@gmail.com  so the BOD would be able to review and include the items with the vote on the mailbox replacement ideas and changing the height of fences in the subdivision. 

10. Meeting adjourned at 8:30pm; due to lack of time the newly seated Board of Director meeting will be rescheduled. 

HOA SPECIAL MEETING NOTES

11/1/2020

3:30 pm  Pre-meeting discussion between HOA board members

Board members present: Liz Harman, Brendon Shoemaker, Wendy Kempfer, Shonda Hilfiker

Jason Johns joined us to discuss liens and legal matters

Wendy asked about the treasurers report, would like to add that to Section 9 Part 4 of the bylaws

4:03 pm  Meeting begins with the neighborhood members

Members at large in attendance: Abigail Braun, Lisa Bentheimer, Lauren Cheramy, Nick Bollow, Gregory Magoon

Board went through the drafted bylaws from top to bottom to determine if the wording is precise enough to draft into a final version

Question arose about who are considered members of the HOA at large. The bylaws determine that each owner gets a vote (can be more than 1 per household) but only a unanimous vote will be counted

Board discussed the calculation of assessments – whether to be a flat fee or an interest accruing fee, tabled for a later time

Wendy asked to have the ACC (arch control committee) reference the CCRs

5:12 pm meeting adjourned

HOA members in attendance – Brendon Shoemaker, Wendy Kempfer, Mitchell Shellenberger, Kara and Matt Ripley, Geralyn Vaval, Isaac Padrnos, Nick Bollow, Marilee

·       Welcome and introductions

·       Reading and approval of previous meeting notes

·       Request for nominations for secretary position – none, Melanie Horzuesky interested, approved

·       Request for nominations of at-large members – Geralyn Vaval nominates herself, Miranda Weber interested, approved

·       Request for nominations of ACC members – Nick Bollow nominated himself, approved

·       Reading of treasurers report by Wendy, approved

·       Mailbox project – we replaced 2 more mailboxes this spring that were damaged by the plow over the winter. We are actively seeking a new contractor if anybody in the neighborhood knows of anybody we can reach out to. Maple Leaf has been OK but the workmanship and communication has been poor.

·       Email project – we have been actively working to get all neighbors signed up into the LISTSERV for the association. This would mitigate having to mail everything which can cost hundreds in HOA money. We have over 50% of the neighborhood signed up but need the rest to get on board ASAP.

·       Wingra quarry – the CUP for the concrete batch plant was recently approved by the county. There will be some extra truck traffic and noise from this. Please let us know if there are any issues that you become aware of.

·       Speed mitigation in the neighborhood – we are asking all residents to slow down on the streets. There is no reason to be accelerating excessively and we are asking residents to report speeding issues to the board.

·       Kara Ripley gave a reminder regarding the Architectural Control Committee. If you plan to make any changes to your home on the exterior (paint color, fences etc) you need to fill out the ACC form on the Lost Creek google site. Email us if you have any questions.

·       Call for new business – Isaac asked if we could remind all residents to pick up their dog poop when out walking their animals. A resident questioned why the semi truck was allowed to park on Yesterday Dr; if you feel there is a city street ordinance being broken you can fill out a report online or speak with the homeowner.

·       Summer picnic – we would like to get back to hosting a picnic sometime in the early fall at the park. Looking for volunteers to help plan this. Geralyn Vaval interested in helping, we will check with Shonda Hilfiker as well.

·       Final notes from the board –

v  both the ACC and the HOA board are volunteer positions. We receive no compensation and give up hours of our time to try and be good stewards of the dues that are paid into the association. We are a collective and are stronger when we work together.

v  The use of social media or other forms to harass the ACC, HOA board or a neighbor will not be tolerated. Please let us know if you are being harassed by a neighbor.

v  Setting off fireworks should be limited and avoided at all costs. The fines are hefty for setting off fireworks from the Madison PD.