Lost Creek HOA
Special Meeting Minutes
October 20, 2026 | E.D. Locke Library and Zoom (hybrid)
Call to Order
Board President Brendan Shoemaker called the special meeting to order on October 20, 2026.
Introductions and Purpose
The president introduced board and CCR rewrite committee participants, including Treasurer Wendy Kempfer (attending by Zoom), Secretary Melanie Horzuesky, Kara Ripley and Nick Ballow of the Architectural Control Committee (ACC), other committee members, and HOA attorney Jason Johns. The meeting was convened to review and vote on revised Conditions, Covenants and Restrictions (CCRs) and bylaws. The stated goals were to modernize the documents, remove obsolete or unenforceable restrictions, make them easier to understand, and allow greater homeowner flexibility.
Revised Bylaws
The attorney explained that the bylaws needed to align with the revised CCRs. Discussed updates included permitting hybrid/Zoom meetings, absentee voting at future meetings, and administrative provisions. The president distinguished absentee ballots from proxy voting and noted that the meeting under way used proxy representation rather than absentee ballots.
Revised CCRs: General Approach
The committee and attorney described a less restrictive declaration, updated for current law and intended to run for a five-year period, with later amendment or termination subject to the required membership vote.
Mailboxes
The president reported that replacing the neighborhood-style mailbox could cost approximately $2,000 through a vendor. The committee favored removing the uniform-replacement expectation to give homeowners more choice and potentially reduce future dues. Owners with damaged mailboxes were encouraged to contact the board; the president offered to assess whether repairs were possible. No separate mailbox motion was recorded.
Common Areas and Signage
A homeowner asked about repairs to the Lost Creek entrance signs. The president explained that the HOA owns and maintains the Marsh Road terrace/fence-line common area and that repairs to common-area signs would be addressed through HOA assessments and budgeting. The board and attorney clarified that assessment levels and specific signage repair costs were not being decided at this special meeting.
Sheds, Exterior Changes and ACC Approval
The discussion clarified that sheds and other accessory structures still require ACC review, with City of Madison requirements relevant to approval. Homeowners asked whether general compliance with City rules exempted projects from ACC approval. The attorney explained that specified material exterior improvements under Section 4.2(A), including exterior color/material changes, would continue to require ACC approval, while the general provision for City- compliant improvements should not override that requirement. The attorney also described limits on arbitrary or purely subjective ACC decisions and the possibility of appeal to the board.
Proposed CCR Amendment
Following the discussion of Sections 4.2 and 4.3/4.4, the attorney proposed adding a clarifying exception to the general City-compliance provision.
Quorum and Voting Eligibility
The transcript states that 69 members were in good standing and that 35 were required for quorum. The roll-call discussion reported 43 members represented, exceeding the threshold by eight. The president reminded attendees that members needed to be current on dues for their votes to count.
Motions and Decisions
Revised CCRs: A motion was made to approve the revised declaration with the Section 4.2(A) clarifying amendment. Geralyn Varal made the motion to approve the revised CCR’s and Nicholas Juris seconded the motion. The chair invited objections, none were recorded, and the motion was declared unanimously approved.
Revised bylaws: A motion to approve the revised bylaws was taken next. Eric Brandt made the motion to approve the revised bylaws and Geralyn Varal seconded the motion. The chair invited objections, none were recorded, and the motion was declared unanimously approved.
Next Steps
The attorney indicated that the revised documents would be finalized and filed with the county. The president reminded homeowners that the next annual meeting was expected in June 2027 and could be held in hybrid format.
Adjournment
With no further business raised, the president moved toward adjournment and thanked those attending in person and by Zoom.
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
June 2023 - Annual Meeting Minutes
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.