WOODS EDGE HOMEOWNERS' ASSOCIATION, INC. 2015 ANNUAL MEETING
TUESDAY, DECEMBER 8,2015 AT THE HOLY SPIRIT LUTHERAN CHURCH
The 2015 Annual Meeting of the Wood's Edge Homeowners' Association (HOA) was held on Tuesday, December 8, 2015, 7:00 PM at the Holy Spirit Lutheran Church, 3131 Columbia Avenue, Lancaster, PA 17603. Present at the meeting: President Sue Sheeler, Vice President/Secretary Joan Matterness, Bob Wash Treasurer, Administrative Assistant Sandy Cheff, Wood's Edge Homeowners' Association Counsel, Angela Ward Esq. and Kent Weinoldt, Pennsylvania State Constable. A list of members in attendance is available on request. Sandy Cheff and Barbara Wash registered all owners attending the meeting and returned their proxies for their personal vote.
A notice of the meeting was sent out prior to the meeting, in accordance with the By-Laws of the Association. Attached to the notice were copies of the 2016 proposed budget, the most recent financial statement, including projections through the end of the budget year 2015. Also attached was an agenda for the meeting and a copy of the Minutes of the 2014 Annual Meeting.
After an informal social period, which had commenced at 6:30 PM, Sue Sheeler opened the meeting at 7 PM with a welcoming statement, thanking everyone for coming out to the meeting and in addition thanking those volunteers who assisted the Board setting up the meeting room. 64 owners attended the meeting. Sue Sheeler introduced Sandy Basore who is a member of the Architectural Control Committee.
Sue Sheeler stated, despite the high cost of snow for the prior winter season, the Association continues to be financially stable.
However, the Board is still estimating the cost of maintaining the ponds, known as Lot 21. Lot 21 is located off Stone Creek Road and S. Centerville Road, contains two ponds, walking path and one DEP controlled Dam. After several months of negotiations with the Builder/Owner, in January 2015 the Builder/Owner agreed to provide funds to repair and clean up the perimeter of the pond, remove weed trees that had accumulated over the years, repave the walking path, clean out the dam and have the fountain located in the small north side pond refurbished.
Ms. Sheeler advised the attendees of the problems encountered with the No Fishing, No Trespass signs being vandalized by juveniles and these signs being replaced by signs made out of road sign material. It was explained - the signs are necessary in order for the police to apprehend the offenders. She also announced a law suit was filed against the Association by one of our owners. This individual purchased a ranch style home on an "add-on lot", also known as a double lot, in October 2000. The owner is contesting payment of double dues for the double lot.
The audience was advised legal counsel to the Association Angela Ward Esq. would update owners on the status of the law suit, and her update on the legal process. Information was also given on the two abandoned town homes the heirs had abandoned. These are located at 125 Langley Square, and 408 Whitechapel Road. These two properties have not yet been put on the Sheriff Sale list. One additional property that was in Foreclosure located at 223 Pine Bridge Lane, was just sold at the recent Sheriff Sale. The number of town homes now constructed and sold in the community is 242 as of December, 2015.
In the report for the Architectural Control Committee, 99% of the faded shutters have now been painted throughout the community. The Committee commented that apart from some cracks noted in the brick fascia on some town homes, and some shingles missing on some of the roofs, the weeds were being kept under control by owners, and the general appearance of the community was excellent.
Sue Sheeler then turned the meeting over to Joan Matterness who discussed the minutes of the 2014 Annual meeting, and there being no comments, the minutes were approved by Robert Murphey, 420 Whitechapel Road, and second by Sayre Turney, 231 Pine Bridge Lane. Joan Matterness also addressed how attractive the community was with the Christmas Decorations.
Ms Matterness advised all attendees she had gone to the Manor Township Meeting the night before, to attend a meeting about the rezoning of the Armstrong property across S. Centerville Road and the potential of over 1700 mixed use homes being built. This would impact our HOA with traffic and other problems, however, there was a notice at the Township Building stating Armstrong had withdrawn the zoning request, with no further comments. Joan Matterness turned the meeting over to Bob Wash, Treasurer.
Bob Wash advised the audience, that due to the increase in costs for services to the HOA, the Board had raised the dues for 2016 four dollars for single lot units, and eight dollars for double lot owners. This would provide additional funds for the maintenance of the ponds and the increase in services to the Association.
Bob Wash then announced the election of two Board members for a two year term. Attending owners were asked if there were any nominations to the Board. Robert Murphey, 420 Whitechapel Road asked if Board member Joan Matterness, 213 Sutherland Road, whose two year term is up on December 31st, would be willing to run again. Joan stated the affirmative.
Robert Murphey then asked if Sue Sheeler, 101 Langley Square, would consider running again, Sue Sheeler also agreed to run for another term. Asking for any other nominees from the floor, Tamera Gehris, 286 Whitechapel Road, agreed to have her name offered for a Board position. Closing the nominations, Bob Wash asked the attendees to show their hands for a vote count. Joan Matterness and Sue Sheeler were voted to the Board for a term of two years.
The Board was then asked by Tamera Gehris, 286 Whitechapel Road, if the Board would increase the number of Board members to five, the present Board consists of three members. Robert Murphey asked the Board to research the cost of changing the By-Laws (By-Law 5 (b) - Number, Tenure and Qualifications) to five members. This would involve obtaining the legal costs to change the documents, to be prepared by Association counsel Attorney Angela Ward, mailing out communications to all registered owners. Obtaining 75% approval from 242 current owners. In addition a date of June 2016 was requested for the action to be completed.
Board members Joan Matterness and Bob Wash both declined to set a date for completion of the research to accommodate the request, Robert Murphey, 420 Whitechapel Road stated the date stood with the request to increase the number of Board members to five. A vote was taken from the attendees at the meeting, The Vote failed to pass, and the request was denied. However, Joan Matterness advised the audience, despite the failure to pass a vote failing due to a deadline date that was not negotiable, the Board would research the costs and time to enact such a change and would respond to those owners who had an interest in expanding the Board in the future.
Angela Ward Esq, legal counsel updated the audience as to the status and progress of the law suit, filed by Richard and Cheryl Phelps, 206 Whitechapel Road and including other John Does. The other John Does are the 16 other ranch style homes, built on Stone Creek and Whitechapel Roads. Attorney Ward advised, the Phelps have sued the HOA to determine if the Courts will uphold their belief, they have been paying double dues for two lots that were joined with Manor Township approval, when the Developer William Murry changed his plans for a single two story town home to a one story wider ranch style home, and needed more square feet to build this ranch home. Thus, the two lots were combined with one lot number, and the Phelp's position is - they should be paying for just one lot and not double dues, and in addition they are asking for 16 years refund of dues they feel were paid in error. The HOA position is ... the HOA never gave approval for the lot add on, never gave approval to have the HOA income reduced by dues from 17 lots.
The HOA was not present at the settlement of the Phelps home, and the Phelps signed both the Agreement of Sale and an Addendum, in addition paid the full amount of reserve fee for the double lot and two further months of dues - double the amount of single lot owners. The Association has filed their answer to the initial document filing, and is now waiting for the Judge to either dismiss the suit, or have the Plaintiff's attorney update their filing due to inconsistencies, errors in their documentation and omission of noted documents. Attorney Ward advised the attending owners, she would keep the Board updated and advise the Board if and when they will be deposed by the Plaintiffs attorney Richard Puleo.
In questions and answers from the attending owners, Joan Matterness was questioned by Colleen Blythe, about the excessive chemical treatments applied each spring by the lawn contractor to the sewer pipes, utility boxes, hydrants and lamp posts to curb weed and grass growth, and to eliminate the cost of trimming around these utilities.
In addition, Patricia Winters, 330 Whitechapel Road asked why owners could not decorate during the year with seasonal lighted decorations. Joan referred to the Conditions, Covenants and Restrictions - Article II Section 2.1 (q) No other exterior lighting except standard lighting is permitted. Christmas lighting is the exception, by authority of the Architectural Control Committee - permitted to be installed at Thanksgiving and removed by January 15 of the New Year.
The meeting was adjourned at 9:30 PM and door prizes were distributed to thosein attendance.
Respectfully submitted,
Joan Matterness
Vice President/Secretary