MINUTES OF OPEN FORUM MEETING (August 14, 2006) 

On August 14, 2006, the Drayton Place Home Owners Association (the “DPHOA”) held its first “Open Forum Meeting” at Victory Lutheran Church on Kernan Blvd. Present at the meeting were the newly elected directors and officers of the DPHOA: Sandy Taylor, Michael Ballentine, Denise Nicholas, Barbara Cotsifas, and Beverly Bonner. 

The stated purpose of the meeting was to afford the homeowners, for the very first time, the opportunity to discuss with the DPHOA their respective problems, questions, concerns, complaints, suggestions, etc. via open format.

With quorum present and duly noted, the meeting was called to order by DPHOA President Sandy Taylor at approximately 7:30, who began by thanking the attendees for their participation.

The first order of business was the formal introduction of the new directors and officers. At the request of Ms. Taylor, each director and officer introduced him and/or her self. With introductions completed, Ms. Taylor announced the very first “yard of the month” located at 4298 Ripken Circle West. The resident was given a $20.00 check to be used at Lowes and complimented on her overall lawn maintenance and voluntary adherence to covenants. 

Ms. Taylor then described the current condition of various neighborhoods across Kernan, including Ashwood, Hunter’s Green, and Ashton Hills. Ms. Taylor recounted a recent drive through these neighborhoods, wherein the majority of “lawns” appeared dead from chinch bugs, mottled with brown patch and fungus, void of grass and any signs of watering, only comprised of bare dirt, had four-foot tall weeds, rotting fences and sheds, parked, boats, trailers, commercial vehicles, multi family housing, street parking nightmare, and higher reported higher crime rate.

Ms. Taylor explained that these misfortunate neighborhoods harbinger what “we” will become without covenant enforcement, particularly, when considering that the current management company for these neighborhoods used to manage Drayton Place and Kernan Chase. She requested all attendees to drive through these neighborhoods.

For the next order of business Ms. Taylor discussed the current goals of the DPHOA regarding fence maintenance and repair. In response to several unidentified speakers, Ms. Taylor clarified the goal of the DPHOA was “not” to force neighbors to paint their fence a certain color, but to maintain the exterior of their fences in good repair and condition, which simply meant applying water sealant’s to prevent rot, replacing missing planks, fixing a broken gate, cleaning off mold, or even pressure washing to remove unsightly rust.

Because many residents requested permission to apply colored stains or sealants, she said the DPHOA would place samples of possible color choices on the website that would be approved by the ARC. For uniformity of appearance, Ms. Taylor recommended more natural wood based colors, but told residents they are “free” to submit any color choice for approval. She said the target date for compliance would be extended from October 1, 2006 to November 1, 2006. 

For the next order of business, Ms Taylor discussed the current violation process. She described how the current violation process was needed because “more and more” residents were not taking care of their homes and not complying with the Covenants. Again, Ms. Taylor, requested the attendees to drive through the neighborhoods across Kernan to see what happens when residents do not take care of their homes and do not follow covenants. She then described how many of the same problems were occurring in Drayton Place and Kernan Chase such as dead lawns, brown and burned lawns, bare dirt, weeds, uncut grass, rotting fences and sheds, parked, boats, trailers, commercial vehicles, multi-family housing, street parking, speeding, and increasing crime. Ms. Taylor pledged the commitment of the DPHOA to correct and prevent these problems to “protect our community, families, and investment”. Then, she opened the floor to the attendees.

One of the first residents to speak said the DPHOA unfairly required him to remove a 30 foot boat and trailer he had been parking on his driveway and approved fine for this covenant non-compliance. He said the DPHOA should not be “strictly’ enforcing covenants and was going too far in obtaining covenant compliance. Speaking directly to the attendees, he then said the current DPHOA should be recalled, impeached, and replaced by other directors less likely to enforce covenants. The speaker, and his wife, the requested a special meeting to accomplish.

In response, Ms. Taylor explained the need to “uniformly” enforce covenants for the betterment of the community. She discussed the Covenant restriction that says “No Sheds, Shacks, Trailers” and requires the “neat and orderly maintenance” of lawns, includes the “cutting of grass” and landscape trimming”. She also said that the Covenants require that boats be “completely screened” from view. When a boat and trailer is parked on a driveway, the boat is not completely screened from view. She said that residents should be willing to comply with these and all covenants because these “deed restrictions” were of record “before” they purchased their homes. 

The next resident that spoke described how he voluntarily stained his fence. He also said he had a very small boat and trailer that he believed was completely screened from view. Under these circumstances, he said that prohibiting a small boat and trailer was unfair.

Ms. Taylor acknowledged his concern, but explained how other residents had been “taking advantage” by parking large boats with trailers on driveways. According to Ms. Taylor, many of these boats were between 20-35 feet. Even when parked on driveways, these boats and trailers extend into the street. She described how boat engines and props literally “hang” over the roads and safety concerns for children. These large boat owners make no efforts to completely screen the boats from view, clean, maintain, and wash boats on their driveways, have been witnessed speeding through the neighborhood, all in direct violation of the covenants. Most of the boat owners expressed loud opposition.

The next speaker described how he had been parking his twenty foot- plus boat and trailer in the garage, side yard, and then behind a recently built fence. This speaker proposed that all Covenants be suspended for 90 days. He then moved that the Covenants be immediately amended to accommodate the boat owners. Others demanded amendment to allow sheds and trailers.

According to some speakers, “if” the DPHOA did not immediately amend the covenants, then the directors would be recalled or impeached. Ms. Taylor said the Covenants were for the protection of the entire community and could not be amended by the “calls” of attendees. She then described the covenant amendment process, past efforts regarding a proposed shed amendment, and requested volunteers to propose some possible boat guidelines for the DPHOA to consider and any proposed amendments. 

The next speaker said that if the DPHOA intended to enforce the covenant prohibiting trailers, that no landscaper or vendor should ever be allowed in the neighborhood. According to the speaker, it is unfair that a landscaper be allowed a trailer but not her. She exclaimed “that landscapers have more rights than she”. In response, Ms. Taylor said that landscapers were “not” residents subject to the Covenants, were only in the neighborhood on temporary basis, and that their work trailers were not permanently parked at homes or on driveways.

Several speakers who had received notices of covenant violations then complained as to fine severity. Ms. Taylor explained that the fine process was intended to encourage correction, not fine. Ms. Taylor reassured that no fine would be assed if the problem was corrected or at least attempt made in good faith. Ms Taylor reiterated the process was applied uniformly, designed to address those residents that do not correct, the willingness of the DPHOA to resolve, and underscored the overall legality of the process as developed by the DPHAO attorney.

Some attendees suggested the need for more of a “friendly reminder” to address violations before commencement of the violation process. Ms. Taylor described how the “friendly reminder” process had never worked before with some residents getting as many as twenty “friendly reminders”. Still, she said she would gladly consider the institution of a first step “friendly reminder’

Other residents suggested more changes. One speaker suggested the need to reduce severity of fine or perhaps develop a uniform fine schedule. Ms. Taylor acknowledged this concern and explained how the DPHOA was currently addressing this matter and requested volunteers. Another expressed concerns that charging a hearing cost of $25.00 was unfair. Ms. Taylor explained the cost was to defer the expense of reserving hearing space for the hearing the resident requested. 

Several speakers suggested better delivery methods of the notices. Ms. Taylor explained how some residents refused to accept mail from the DPHOA, would return mail unopened, the need to make sure notices gets delivered, and the desire to reduce mailing costs. She also explained that the DPHOA planned to mail all notices in the future rather than mail box delivery.

Several speakers spoke as to the “speeding” problem in the neighborhood. They described how speeders fly down “Mantle” or “Ripken” totally oblivious to speed limit, neighbors, or small children at play. Ms. Taylor agreed and said the DPHOA “was taking” action to address this problem before the next meeting.

A new homeowner said the simplest solution is for all residents to “just comply” with the covenants as they “agreed” at time of purchase so the DPHOA could focus on more important problems, such as reducing crime and curtailing speeders before someone gets killed. Ms. Taylor discussed the Neighborhood Watch Program and the problem getting volunteers and reaffirmed pending action regarding speeders. 

The next speaker said the DPHAO had never provided her copies of financials to show how it uses money. Ms. Taylor said that financials are always available for review upon request, and were passed out at the annual meeting, which few, if any speakers had attended.

In further response, Ms. Taylor also described the current financial health of the community and the availability of all financial information. She explained how all officers, directors, and even the DPHOA attorney, tirelessly “volunteer” their time, and how, for the first time, the DPHOA had sufficient cash reserves to start long range planning and accomplish many neighborhood goals—and dreams, once unimaginable, like building a neighborhood pool, play area, basketball courts, etc., and most pressing, the installation of a new protective fence barrier when Kernan is widened to 6 lanes. 

Ms. Taylor then thanked all residents for attending and said that she had tried her best to listen to all their concerns and would consider.

At 10:00 P.M., the meeting was concluded.