Date & Time: March 11, 2020 | 6:30 PM – 8:30 PM• Location: Plano Sports Authority | 6500 Preston Meadow Drive, Plano, TX 75024•
Town Hall Session – 1 Hour (Open to Public)• Open Session – 1 Hour (Open to Public)• Agenda:
Steve Jacobson, President (Presiding Officer)• Mike Seinera, Treasurer• Lance Schnell, Secretary• Ward Olgreen, Member at Large• Board Members
Diane Nolte, ACC• Bill Kula, Communication Committee• Committee Chairpersons
Crystal Horner – FirstService Residential• Vendors
Zachary Vergara – Grand Hollow Dr• Clyde Buchanan – Petticoat Dr• Elizabeth Buchanan – Petticoat Dr• David Rice – Brook Forest Cr• Sherry Rice – Brook Forest Cr• Bill Arends – Village Springs Dr• Lisa Arends – Village Springs Dr• Mike McAllister – Portobello Dr• Cheryl McAllister – Portobello Dr• Tina Jackson – Coverdale Dr• Dave Borden – Crystal Falls Dr• Tina Borden – Crystal Falls Dr• Martha Garza – Petticoat Dr• Erick Garza-Livas – Petticoat Dr• Neal Norton – Portobello Dr• Janice Norton – Portobello Dr• Dan Flynn – Crystal Falls Dr• Kim Flynn – Crystal Falls Dr• Michael Johnson – Moregate Ln• Patty Joyce – Portobello Dr• Hyla Emery – Luxborough Dr• Lauren Moffatt – Luxborough Dr• Linda Schuler – Crown Forest Dr• Kevin Owensby – Grand Hollow Dr• Judy Shultz – Crystal Falls Dr• Tiffany Moss – Belcrest Dr• Brent Rice – Mills Branch Cr• Paul Nolte – Terrace Mill Ln•
Association Members (Homeowners)
Absentees Board Members
The BNSF Railway has approached the Kings Ridge HOA with a request to acquire .81 acres of permanent easements and to lease .29 acres of temporary construction easements along the West side of the Association’s screening walls to expend their tracks for $160,000.
The Railway is a private company that operates as a Utility, which gives it an ability to leverage Eminent Domain to seize land at its Assessed Value (which is significantly lower) should the HOA not agree to the land easement deal.
Key Points:• BNSF Railway Company – Presentation by Ward Olgreen (see Attachment 1).
Trees have been torn down subjecting Homeowners to more noise.• Community Response:
Board Response: Railway activities to-date have taken place on land owned by the Railway, or using pre-existing right of ways.
Homeowners are concerned these changes may negatively impact home values, especially •
March 2020 Board of Directors Meeting Minutes
Board Response: As Homeowners who live in the community, the Board understands this concern. Unfortunately, the Railway has been here since 1876 and is not subject to the Kings Ridge HOA CC&R and Bylaws. As such, the Board has no authority to control or influence the Railway’s use of their land or right of ways. However, the community has the Board’s commitment to negotiate the best deal possible and to leverage those funds to help minimize impacts to the community as a whole.
Homeowners are concerned these changes may negatively impact home values, especially for those homes closest to the tracks. •
Raise walls higher than 8 feet.▪ Install noise abatement screening walls.▪ Plant additional trees.▪
Board Response: The Board is actively negotiating with the Railway and has obtained bids for key work such as raising wall height and planting trees.
These expenses are being factored into the negotiations. And while the Railway has been supportive of the Board’s negotiations to-date, there is also a point where it becomes more economical for the Railway to pursue Eminent Domain, so some options may be more feasible than others.
The Board should negotiate the best deal possible with the Railway and funds should be utilized to •
Board Response: The Board will mention these concerns to the Railway; however, Homeowners should also takes steps to ensure they are reporting these concerns directly to the Railway for maximum and timely resolution.
Residents are starting to hear train horns throughout the day and night.•
Board Response: The Board is not aware of any such meetings but will inquire and share details should they become available.
Residents would like to know if there are any upcoming public meetings with The Colony where the public can comment on the Railway’s plans. •
Past experience has shown that it is highly unlikely for the Board to secure a two-thirds vote of Homeowners – are we sure a vote of the Homeowners is required for this transaction? •
Board Response: The Board shares this concern and given its potential impact on the community as a whole, is working closely with the Association’s legal counsel as well as outside counsel where needed.
In the meantime, the Board needs assistance from the Town Hall attendees to help share the facts learned with their neighbors and encourage their involvement should a vote be necessary.
Open meeting at 6:35pm with quorum present. • Motion by Lance Schnell; Second by Steve Jacobson. Approved (4-0). Call to Order
ACC. A recent ACC denial dispute, which was amicably resolved without Board intervention last month, identified that the Association’s CC&Rs are outdated when compared to certain State, City and/or industry standards. The ACC requested guidance from the Board on how to move forward.
FSR Response: The Association’s governing documents grant the ACC full authority over the aesthetics of the community. As such, the ACC can establish and maintain Promulgated Rules (guidelines) as they deem necessary. Promulgated Rules do not change a CC&R, they clarify a CC&R, and as such do not require a vote of the Association for approval. To be legally binding, Promulgated Rules must be recorded in a Resolution and filed with the County as a Dedicatory Instrument.
Step Detail Owner 1 Work with the City of Plano who may starter packages/templates.• Consult industry subject matter experts for input.• Establish guideline ACC 2 Legal formatting/language of the guideline • FSR can help support the creation of this document• Create ACC Resolution ACC 3 Formally submit ACC Resolution to FSR for Review, Filing, and Enforcement. ACC
3 Formally submit ACC Resolution to FSR for Review, Filing, and Enforcement. ACC 4 File with County and incorporate into governing document package for owners. FSR
Board Response: The Board is supportive of the ACC establishing/updating Promulgated Rules to help clarify the CC&Rs as issues are identified. Furthermore, the Board is supportive of the ACC’s use of the ACC Fining Policy to ensure Homeowners follow the prescribed ACC approval processes as required by our CC&Rs.
Step Detail Owner 1 Violation identified and decision rendered ACC 2 Violation Documented and Filed with FSR ACC 3 Fine Assessed to Homeowner FSR
As the deadline for Homeowners interested in running for the 2 open Board positions draws near, send a reminder email to Homeowners and post messages on social media.
In light of the Coronavirus (COVID19) pandemic, the Communication Committee Chair is recommending that the Board and FSR consider setting up a conference bridge to ensure self-quarantined Homeowners can join.
Annual Meeting. In preparation for the upcoming Annual Meeting, the Committee Chair made the following recommendations to the Board and FSR: •
Board Response: The Board agrees that reminders for the upcoming elections need to be distributed and are supportive of FSR working to setup a conference bridge for the Annual Meeting as recommended.
Links to Plano’s YouTube safety videos will be added to the website.▪ The Board will entertain hosting the Police in a future Board Meeting.▪ The Safety and Social Committees will look at options to engage the community as a whole in a more social atmosphere. ▪
Plano Police Safety Presentations. Previous discussions between the Board and Communications Chair resulted in the Board requesting the Plano Police Department to join the Annual Meeting to provide safety tips to Homeowners. The Communications and Safety Committee Chairs consulted with the City who said they are willing to assist, but cannot make the Annual Meeting. Much discussion took place in the meeting where ideas were discussed on how to best get this information to the Homeowners. For now, •
Ad-Based Community Magazine. In November 2019, the Board agreed to invite Best Version Media to one of its Board Meetings to hear about replacing defuncted Life at the Ridge. The Communication Chair reports that he has spoken with the company’s owner, Mike Hamilton, who has indicated that his company does not have the bandwidth to explore the option at this time. They will re-engage the Association when resources free up. •
Resignation of Brandi Thompson. Understanding that Board Member and Vice President Brandi Thompson resigned on February 19, 2020, the Committee Chair requested clarification if the Board wished to make public announcement through social media channels. •
Board Response: Given that Brandi Thompson’s term is scheduled to end in April and a call for nominations for the position have already been made, the Board feels further steps are needed to communicate the vacancy.
Legal Review of BNSF Railway Company Paperwork. On January 13, 2020, BNSF Railway Company approached the Kings Ridge HOA with a request to purchase surface rights (easements) on 3 slivers of HOA owned land along the West wall of the Association for track expansion work. At the time of engagement, the Railway provided the initial draft of all legal paperwork to help streamline the process.
CM021420-1: Approve hiring attorneys needed to review all relevant paperwork regarding sales and lease of easements to BNSF and to make appropriate recommendations. Approved (3-0-2).
Creek Cleanup. Last Fall Homeowners reported the presence of trash in the creek dividing Phase 1
Creek Cleanup. Last Fall Homeowners reported the presence of trash in the creek dividing Phase 1 and Phase 2. The Board entertained ideas about making the clean-up effort a community project and worked with the City who indicated they would provide the necessary equipment and waste receptacles to support the initiative. The realization that snakes are still active in Fall and Winter seasons have given the Board reason to no pursue this as a community project.
CM021720-1: Motion by Consent 2-17-20 by Ward Olgreen; Second by Lance Schnell. Obtain proposal to clean up the area in Phase 1 and areas along the creek dividing Phase 1 and 2. Approved (3-0-2).
Approval of February 12, 2020 Meeting Minutes.
CM022020-1: Motion by Consent 2-20-20 by Lance Schnell ; Second by Mike Seinera Approved (3-0-1).
Yearly burn rate: $471,000Cash in Reserves: $405,328.40Cash on hand (all accounts including reserves): $804,040.21•
Irrigation repairs and contracted inspection costs per controller.Tax liability from previous land sale.MTD expenditures are under budget by $21,944 – notable variances include•
Financial Summary(as of 3/5/20)
Category Owners Cur. Month Prev. Month Current 4 $80.51 $131.45 Reminder 12 $727.10 $40,313.59 Second Notice 27 $21,637.71 $0.00 Payment Plan with FSR 1 $306.83 $306.83 Payment Plan with Attorney 1 $822.25 $0.00 Transferred to Attorney for Lien 0 $0.00 $6,277.18 Liens of Property 2 $5,653.97 $16,701.52 Referred for Foreclosure 1 $6,900.06 $6,789.09 Foreclosure Placed 1 $11,216.12 $11,050.36 Attorney Lien File 0 $0.00 $17,123.47 Atty Lien Filed – Acct Transferred to FSR 5 $34,332.36 $0.00 Accounts on Hold 1 $15.00 $0.00 Resale 3 $1,707.38 $1,707.38 TOTALS 79 $83,399.39 $100,409.87 Delinquency Summary- Outstanding monies owed to the Associations.
Category Cur. Month Prev. Month ARC-Fencing 1 0 Construction Site Maintenance – Clean Construction Site 1 0 Damage to Common Area – Other 0 1 Fence – Repair 1 3 Fence-Clean Stain/Seal 2 0 Garage-Paint 1 0 Inappropriate Behavior – Misconduct 0 1 Landscaping – Boarders: Repair or Replace 2 2 Landscaping – Mow and Remove Weeds 2 0 Landscaping – Other 0 3 Landscaping – Remove Weeds 3 1 Mailbox – Repair 1 1 Maintenance/Repair-Shutters 1 0 Other – Flag 0 1 Other – Unsightly Articles 0 1 Signs – Commercial 1 1 Trash Receptacles/Recycle Bin – Improper Placement 0 1 TOTALS 16 17 Violation Summary- Violations issued by FSR to Homeowners for failure to comply with CC&Rs. TROPA Violations- When violations go unresolved, the HOA may leverage the Texas Residential
Monthly Manager’s Report (Period 1/13/20 – 3/5/20)
No new TOPA Violation activity requested/recommended this month.•
TROPA Violations- When violations go unresolved, the HOA may leverage the Texas Residential Owners Protection Action (TROPA) whereby a special notice and waiting period are occur before the HOA enters the property to make the repairs at the Homeowner’s expenses and subsequently place liens on the property and pursue foreclosure activities if need for repayment.
Request Status Cur. Month Prev. Month New 0 3 In-Progress 0 1 Approved 1 2 Denied 1 0 TOTALS 2 6 ACC Requests – Current Architectural Modifications Requests
Project Update. 313 Consulting Group will be on-site the week of 3/16/2020 to complete the assessment of Phase 1. Phase 2 and 3 assessments are already complete. •
Screening Wall Repair Initiative(A091119-3). The Board of Directors is working with 313 Consulting Group to assess the current condition of Association owned Screening Walls. Once the assessment is complete, a corresponding repair and maintenance plan will be established.
McKamy Electric. In November 2019, the Board requested FSR obtain bids to repair a lighting outage reported by a Homeowner along the McKamy entrance (A111419-8). Final bids have been received and reviewed by the Board.
M031120-1: Motion by Mike Seinera; Second by Ward Olgreen. Approve Spark Lighting to make necessary lighting along McKamy entrance – work not to exceed $9,283.52. Approved (4-0).
Merriweather Landscape/Wall. This topic is in relation to the land easement deal with BNSF Railway Company. The Board requested FSR to obtain bid for negotiation purposes.
South Pond Lighting. Mr. Rice of Mills Branch Cir asked the Board if any further consideration has been given to installation of lighting around the South Pond.
Board Response: Given that new technology solutions are available, as the one provided by Mr. Rice in January, the Board is supportive of obtaining bids for the work.
A031120-1: FSR to work with the Landscape Committee to obtain bids for lights around the South Pond.
Meeting adjourned at 8:40 PM. • Motion by Lance Schnell; Second by Steve J
Attachments referenced in the meeting minutes can be found in the password protected section of the HOA website at https://kingsridgehoa.connectresident.com/