2-23-11

February 23, 2011

Attendance
Board Members
            Present: Scott Webber, Jim McCann, David Decker, Ray Garber
                        Joe Nicoloff, Gary Kluckman.
            Excused: Don Austin
            Quorum Present: Yes

Others Present
Holishor Members Present 9
Glenn Dalton and Kellie Crider from Holishor Office

Proceedings
Meeting called to order at 7:30 PM
Pledge of Allegiance Recited

Minutes of February 9, 2011
Action: Jim McCann motions to approve, David Decker seconds
Jim McCann: Note all comments from this last meeting were made before the meeting with our Attorney.
Motion carries

Correspondence
Read by Scott Webber
Holiday Shores Youth Committee FEIN Number
Action: Tabled to get advice from the Accountant.

Cindy Manos 2082 – Dog Complaint
Glenn Dalton: We do have rules in place to handle this.
Dave Decker: We should be contacting Madison County Animal Control on these type of situations with aggressive dogs.
Action: None needed

Richard Dannenbrink 1845 – Shed
Action: He is to go through the variance process with the Building Committee.

Ski Club: Sent their meeting minutes in.
Scott Weber: We appreciate them sending their minutes in.

Old Business
SB3180
Scott Webber: We do not have the written opinion from the Attorney yet but the jist of it is that in his opinion is that Holiday Shores is exempt from the act as it is unconstitutional. You can not impose a law with restrictions on vested property. We are waiting for it in writing. In our discussions the Board is going to continue with the covenant changes. We went over them last meeting, Gerber said he had a couple changes in wording; we are awaiting the final from him.
Conversation Ensues
Scott Webber: we are awaiting the attorneys copy to be here shortly, we would like to have this in the hands of the membership in the second week of March, it will be mailed with the annual meeting packet with sample packets. We have not set an open date yet as to when we are going to start the voting. Target date is annual meeting.

Manner of Voting
Scott Webber: Bylaws dictate that the board president dictates the manner of voting something that I am not comfortable doing were looking at the board and I talked to Dave about how we are going to do it, proxies, in person and mail in votes.
David Decker: The three were the ones you identified. The number of votes was going to be based upon the owner according to county records.
Jim McCann: If we are not going to let members not in good standing vote then do we remove their lots from the total number of votes needed to determine a 2/3 majority vote.
David Decker: They should not be considered part of the total number of lots available.
Conversation Ensues
Scott Webber: We also have been told that the Association will be able to vote on all their parcels. That includes out lots, Green space and Lake Bed.

Proposed Assessment Increases for 2012
David Decker: The office is trying to get together the proposed budget for the board they are still working on it, they are in the middle of an Audit. Currently we are asking for a $100 increase in assessments. We will have that together by the March 9th meeting.
Conversation Ensues

Treasury Report
Given by David Decker
Action: Ray Garber motions to approve, Joe Nicoloff seconds
Motion Carries

New Business
2011 Dues Refund Drawing
Name drawn by Nancy Dallas
Winners are Peter & Christiana Pretti

Scott Weber: Glenn included a road plan for 2011 that we will address at the second meeting of March.
Scott Weber: At the next meeting we will also look at the change order from Valley on the North End Property.
Dave Decker: On the change order from Valley we discussed a different end date different than what they called out.
Scott Weber: We wanted the end date to be August 30 not November. We will pick that up at the next meeting.

Bylaws

Scott Weber: Throughout the process with the Community Interest Act we prepared bylaw changes. Roger and Don were kind enough to put in countless hours. The document is the changes recommended by the Bylaws Committee.

Current:
Section 2 – Rights, Privileges, Duties and Obligations:
F. Voting Rights: Each membership, except those based upon rental of property within Holiday Shores, shall be entitled to one (1) vote, provided, however, that such right to vote has not been suspended.
(9-24-94)
Proposed:
ARTICLE IV-VOTING

Voting Rights: Each membership, except those based upon rental of property within Holiday Shores, shall be entitled to one (1) vote, provided, however, that such right to vote has not been suspended. (9-24-94 )
Methods of Voting: A member may vote: (1) by proxy executed in writing by the unit owner or by his or her duly authorized attorney in fact, provided, however, that the proxy bears the date of execution. Proxies will not be valid for more than 11 months after the date of its execution; or (2) by submitting an association-issued ballot in person at the election meeting; or (3) by submitting an association-issued ballot to the association or its designated agent by mail.
Secret Ballot: The association may, upon adoption of the appropriate rules by the board, conduct elections by secret ballot whereby the voting ballot is marked only with the voting interest for the membership and the vote itself, provided that the association shall further adopt rules to verify the status of the membership issuing a proxy or casting a ballot. A candidate for election to the board or such candidate's representative shall have the right to be present at the counting of ballots at such election.
The purchaser of a unit from a seller other than the developer pursuant to an installment contract for purchase shall, during such times as he or she resides in the unit, be counted toward a quorum for purposes of election of members of the board at any meeting of the unit owners called for purposes of electing members of the board, shall have the right to vote for the election of members of the common interest community association and to be elected to and serve on the board unless the seller expressly retains in writing any or all of such rights.
The board of directors shall adopt rules and/or procedures to implement this by-law.

Conversation Ensues:
Item D was agreed to be stricken from the proposed change.

Current:
Section 2 – Dues:
Annual dues shall be in the amount of fifty dollars ($50.00). Dues shall be assessed on a membership (not a lot) basis. Dues are payable January 1st of each year and delinquent May 2nd of each year.

Section 3 – Annual Assessment:
A. The Board of Directors shall prepare an annual budget to be presented to the members at the annual meeting. Annual assessments shall be charged to each member of the Association. In the event a member owns more than one improved property, which is occupied, whether the same is rented, occupied rent-free, such member shall pay an annual assessment for each such improved lot. Ownership of two or more vacant and unimproved lots shall not increase the number of annual assessments owed by the member. Annual assessments due from tenant members shall be the joint responsibility of the tenant-member and owner-member of such rental property and in the event of nonpayment by the tenant member, the same may be collected from the owning member by the Association in the same manner as collection of annual assessments generally. In the event that an annual budget is not adopted at an annual meeting, a special meeting shall be called, and a revised budget shall be submitted to the members for approval. The budget shall be mailed to all members with the call letter for the meeting. Approval of the budget by a majority of the memberships present and voting on this issue at the annual or special meeting shall set the annual assessment amount for that budget year. (5-21-88, 5-20-06)

B. At least three months before the end of the fiscal year the Board of Directors shall adjust the budget to reflect the actual cash received. The Board of Directors shall not permit deficit spending except in an emergency. (5-21-88)

Section 4 – Special Assessments:
A supplemental budget may also be presented at an annual meeting or special meeting by the Board of Directors for consideration by the members. The supplemental budget will be presented on a line item basis with a short explanation. Memberships will vote on each line item. Approval by a majority of the memberships present and voting on a line item shall cause the cost of the line item to be prorated as a special assessment among the memberships.
(5-21-88)

Proposed:
Section 2 – Dues:
Annual dues shall be in the amount of fifty dollars ($50.00). Dues shall be assessed on a membership (not a lot) basis. Dues are payable January 1st of each year and delinquent May 2nd of each year.

Section 3 – Annual Assessment:
A. The Board of Directors shall prepare an annual budget to be presented to the membership at the annual meeting. Annual assessments shall be charged to each membership of the Association. In the event a member owns more than one improved property, which is occupied, whether the same is rented, occupied rent-free, such member shall pay an annual assessment for each such improved lot. Ownership of two or more vacant and unimproved lots shall not increase the number of annual assessments owed by the member. Annual assessments due from tenant members shall be the joint responsibility of the tenant-member and owner-member of such rental property and in the event of nonpayment by the tenant member, the same may be collected from the owning member by the Association in the same manner as collection of annual assessments generally. In the event that an annual budget is not adopted at an annual meeting, a special meeting shall be called, and a revised budget shall be submitted to the members for approval. The budget shall be mailed to all members with the call letter for the meeting. Approval of the budget by a majority of the memberships present and voting on this issue at the annual or special meeting shall set the annual assessment amount for that budget year. (5-21-88, 5-20-06)

Section 4 – Special Assessments:
A supplemental budget may also be presented at an annual meeting or special meeting by the Board of Directors for consideration by the membership. The supplemental budget will be presented on a line item basis with a short explanation. Membership will vote on each line item. Approval by a majority of the membership present and voting on a line item shall cause the cost of the line item to be prorated as a special assessment among the membership.
(5-21-88)

Scott Weber:Disregard this change since it was only to be changed if we needed to follow SB3180.

Current:
Section 8 – Renting Property:
Members shall not lease unimproved lots.

Any member desiring to rent his dwelling in Holiday Shores Subdivision shall provide a prospective lessee/tenant with a copy of the Bylaws of Holishor Association, Inc. along with its attendant Rules and Regulations and a written lease which has incorporated into its terms lessee’s/tenant’s agreement to be bound by and to abide by all bylaws, rules and regulations of Holishor Association, Inc. Further, including the prepayment of annual membership charges and a pro rata share of assessments in accordance with Article IV, Section 8, the member as lessor/landlord shall present a copy of the Bylaws of Holishor Association, Inc. and attendant Rules and Regulations.

Renter’s shall not be entitled to voting rights. Owners shall remain a voting member of the Association and continue to pay dues and assessments. On demand, the owner shall indemnify the Association for any damages to the Association property caused by the renter and for all dues and assessments, fines, lien fees, attorney fees and court costs charged against and not paid by the renter.

At the expiration of the rental term, the renters shall not receive a refund of any prepaid dues and assessments. Membership shall not be transferable. (9-24-94)

Proposed:
Section 8 – Renting or Leasing Property:
Members shall not lease unimproved lots.

Any member desiring to rent or lease his dwelling in Holiday Shores Subdivision shall provide a prospective lessee/tenant with a copy of the Bylaws of Holishor Association, Inc. along with its attendant Rules and Regulations and a written lease which has incorporated into its terms lessee’s/tenant’s agreement to be bound by and to abide by all bylaws, rules and regulations of Holishor Association, Inc. Further, including the prepayment of annual membership charges and a pro rata share of assessments in accordance with Article IV, Section 8, the member as lessor/landlord shall present a copy of the Bylaws of Holishor Association, Inc. and attendant Rules and Regulations.

Renters shall not be entitled to voting rights. Owners shall remain a voting member of the Association and continue to pay dues and assessments. On demand, the owner shall indemnify the Association for any damages to the Association property caused by the renter and for all dues and assessments, fines, lien fees, attorney fees and court costs charged against and not paid by the renter.

At the expiration of the rental term, the renters shall not receive a refund of any prepaid dues and assessments. Membership shall not be transferable. (9-24-94)

Scott Weber: The only thing added to this was to add Lease with Rent.

Current:
ARTICLE VII – AMENDMENTS
Section 1 – Amendments to Bylaws:
The Board of Directors has the right to recommend changes, amendments to, or repeal of these bylaws. Proposed changes in a bylaw by a member(s) shall be presented to the Board of Directors at a regularly scheduled Board meeting for their review and approval. If the Board approves the change, it shall recommend the change to the membership at the annual meeting or a special meeting called for the purpose of considering said change. If the Board rejects said proposed bylaw change the same shall be submitted to the membership upon the presentation to the Board of a petition requesting that said change be submitted to the members for approval or disapproval by them; said petition to be in writing and signed by a minimum of 10% of the memberships, in good standing, or more of the Association. Said signatures shall include the lot number of the member signing. The affirmative vote of a majority of the votes cast on that question shall constitute approval and the new bylaw shall be in full force and effective immediately. Proposed changes in the bylaws shall be submitted in accordance with Article VI, Section 8, and published to the membership in accordance with Article VI, Section 3. (5-16-87, 5/19/07)

Proposed:
ARTICLE VIII – AMENDMENTS
Section 1 – Amendments to Bylaws:

The administration of every property shall be governed by the declaration and bylaws, which may either be embodied in the declaration or in a separate instrument, a true copy of which shall be appended to and recorded with the declaration. No modification or amendment of the declaration or bylaws shall be valid unless the same is set forth in an amendment thereof and such amendment is duly recorded. An amendment of the declaration or bylaws shall be deemed effective upon recordation, unless the amendment sets forth a different effective date.

Unless otherwise provided by this Act, amendments to community instruments authorized to be recorded shall be executed and recorded by the president of the board or such other officer authorized by the common interest community association or the declaration.

The Board of Directors has the right to recommend changes, amendments to, or repeal of these bylaws. Proposed changes in a bylaw by a member(s) shall be presented to the Board of Directors at a regularly scheduled Board meeting for their review and approval. If the Board approves the change, it shall recommend the change to the membership at the annual meeting or a special meeting called for the purpose of considering said change. If the Board rejects said proposed bylaw change the same shall be submitted to the membership upon the presentation to the Board of a petition requesting that said change be submitted to the members for approval or disapproval by them; said petition to be in writing and signed by a minimum of 10% of the memberships, in good standing, or more of the Association. Said signatures shall include the lot number of the member signing. The affirmative vote of a majority of the votes cast on that question shall constitute approval and the new bylaw shall be in full force and effective immediately. Proposed changes in the bylaws shall be submitted in accordance with Article VI, Section 8, and published to the membership in accordance with Article VI, Section 3. (5-16-87, 5/19/07)

Current:
ARTICLE IX – PENALTIES
Section 1 – Authority:
Holishor Association Inc. shall have the authority to impose penalties, including monetary fines up to $200, for each violation of Association Rules and Regulations established and approved by its members, or, as their representatives, by the Holishor Board of Directors. The rules and regulations are those established and approved by the membership of Holishor Association, Inc. at the Annual Membership Meeting at which this Bylaw is adopted, or at any subsequent Annual or Special Meeting of the Membership, or those established and administered by the Board of Directors. By reference, the written Administrative Procedure and Appeal Process for Violation of Rules and Regulations and the written Fines and Penalties for Violation of Rules and Regulations, both dated May 20, 1989, and established and approved by the Membership on that date are incorporated in and made a part of this Bylaw and shall be given to all members of the Association. (5-20-89)(5-15-04)

Proposed:
ARTICLE X – PENALTIES
Section 1 – Authority:
Holishor Association Board shall have the power, after notice and an opportunity to be heard to levy and collect reasonable fines from unit members for violations of the declaration (covenants), by-laws, and rules and regulations of the association. Fines up to $200, for each violation of Association Rules and Regulations established and approved by its members, or, as their representatives, by the Holishor Board of Directors are deemed reasonable. The rules and regulations are those established and approved by the membership of Holishor Association, Inc. at the Annual Membership Meeting at which this Bylaw is adopted, or at any subsequent Annual or Special Meeting of the Membership, or those established and administered by the Board of Directors. By reference, the written Administrative Procedure and Appeal Process for Violation of Rules and Regulations and the written Fines and Penalties for Violation of Rules and Regulations, both dated May 20, 1989, and established and approved by the Membership on that date are incorporated in and made a part of this Bylaw and shall be given to all members of the Association. (5-20-89)(5-15-04)

Roger Groth: With 3180 not affecting us this will not affect us.

Scott Weber: The board agrees this will be out.
Scott Webber: These are possibly 3 or 4 changes to the Bylaws; the revised changes will be sent in the next couple days and we will need to vote at the next meeting.
Conversation Ensues

Open Floor
Nancy Dallas 695: I was just wondering if there has been anything decided on the Garden Gate Signs.
David Decker: What we talked about if there was money left over from last year we would consider it and we didn’t have any.
Scott Webber: We are willing to donate anything left over from the Golf Funds
Conversation Ensues
Nancy Dallas: We have our money to do 7 of them; can we do the ones on St. James and get the rest later?
Conversation Ensues
Action: Get the cost of installation in detail and get it back to the board.

Ray Garber Motions to adjourn, Gary Kluckman seconds
Meeting Adjourns at 9:00 PM

Minute submitted by Joe Nicoloff and Kellie Crider.