countrylane woods ii tonight’s agenda

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1 Welcome Welcome to the to the Countrylane Woods II Countrylane Woods II Homeowner’s Association, Homeowner’s Association, Inc. Inc. Annual Corporate Meeting Annual Corporate Meeting March 6, 2012 March 6, 2012

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Welcome to the Countrylane Woods II Homeowner’s Association, Inc. Annual Corporate Meeting March 6, 2012. Countrylane Woods II Tonight’s Agenda. Proof of notice of meeting or waiver of notice Reading of minutes of the preceding meeting Reports of officers Introductions - PowerPoint PPT Presentation

TRANSCRIPT

Page 1: Countrylane Woods II  Tonight’s Agenda

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WelcomeWelcome

to theto the

Countrylane Woods IICountrylane Woods IIHomeowner’s Association, Inc.Homeowner’s Association, Inc.

Annual Corporate MeetingAnnual Corporate Meeting

March 6, 2012March 6, 2012

Page 2: Countrylane Woods II  Tonight’s Agenda

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Countrylane Woods IICountrylane Woods II Tonight’s Agenda Tonight’s Agenda

Proof of notice of meeting or Proof of notice of meeting or waiver of noticewaiver of notice

Reading of minutes of the Reading of minutes of the preceding meetingpreceding meeting

Reports of officersReports of officers– IntroductionsIntroductions– Residents Who Made a Residents Who Made a

Difference in 2011Difference in 2011– 2011 Accomplishments2011 Accomplishments– 2011/2012 Financial Update2011/2012 Financial Update

Reports of committeesReports of committees– Architectural Control Architectural Control

CommitteeCommittee Election of Directors, if Election of Directors, if

applicableapplicable

Unfinished/New businessUnfinished/New business– Volunteers neededVolunteers needed– Tile foyerTile foyer– Channel A & B RestorationChannel A & B Restoration– Manchester AlderpersonsManchester Alderpersons– Subdivision Lawsuit UpdateSubdivision Lawsuit Update

Q&AQ&A Home Owner Comments Home Owner Comments AdjournAdjourn

Page 3: Countrylane Woods II  Tonight’s Agenda

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Countrylane Woods IICountrylane Woods IIProof of Notice of Mtg.Proof of Notice of Mtg.

Post Card NoticePost Card NoticeNewsletterNewsletter

Web SiteWeb Site

Page 4: Countrylane Woods II  Tonight’s Agenda

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Countrylane Woods IICountrylane Woods IIReading of Minutes of Reading of Minutes of

Preceding MeetingPreceding MeetingCLWII Homeowners AssociationCLWII Homeowners Association

Agenda/Meeting Minutes, March 7, 2011Agenda/Meeting Minutes, March 7, 2011Directors in AttendanceDirectors in Attendance: K. Brown, L. Lee, M. Ritchie, E. Ruegg, C. Weber : K. Brown, L. Lee, M. Ritchie, E. Ruegg, C. Weber

H/O in attendanceH/O in attendance: Approx. 22: Approx. 22

Meeting held at Barretts Elementary SchoolMeeting held at Barretts Elementary School

Meeting called to order at 7:05 p.m. and adjourned at 8:25 p.m.Meeting called to order at 7:05 p.m. and adjourned at 8:25 p.m.

1. 1. Trustees/DirectorsTrustees/Directors thanked Keith Brown for providing the projector. This thanked Keith Brown for providing the projector. This saved CLW lI about $175 ± including the school providing the screen.saved CLW lI about $175 ± including the school providing the screen.

2. 2. Proof of Notice of MeetingProof of Notice of Meeting

3. 3. Reading of minutesReading of minutes of preceding meeting (March, 2010). of preceding meeting (March, 2010).

Lynn Lee read the minutes of the 2010 corporate meeting. Minutes wereLynn Lee read the minutes of the 2010 corporate meeting. Minutes were

accepted and approved.accepted and approved.

Page 5: Countrylane Woods II  Tonight’s Agenda

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Countrylane Woods IICountrylane Woods IIReports of Officers-IntroductionsReports of Officers-Introductions

Directors/TrusteesDirectors/Trustees– Eric RueggEric Ruegg– Mike RitchieMike Ritchie– Carol WeberCarol Weber– Keith BrownKeith Brown– Lynn LeeLynn Lee

Page 6: Countrylane Woods II  Tonight’s Agenda

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Countrylane Woods IICountrylane Woods IIReports of Officers-IntroductionsReports of Officers-Introductions

Residents Who Make a DifferenceResidents Who Make a Difference Renee Fronabarger, Renee Fronabarger, Easter Egg HuntEaster Egg Hunt Nancy Pound, Nancy Pound, Tennis lessons Tennis lessons John Malone,John Malone, Repaired PVC “cooling” pipes on “Z” poolRepaired PVC “cooling” pipes on “Z” pool Keven Eberhardt,Keven Eberhardt, Donated refrigerator for pool patron usage Donated refrigerator for pool patron usage CLW II Swim Team/Parents, CLW II Swim Team/Parents, BBQ Fundraiser for National BBQ Fundraiser for National

Night Out, & Night Out, & Eleanor LyonsEleanor Lyons, Ice Cream Treats for NNO, Ice Cream Treats for NNO Joel Kray, Karen Dunne, Kathy Rayfield, Eric Nestel, Mary Joel Kray, Karen Dunne, Kathy Rayfield, Eric Nestel, Mary

Dippold, Dippold, Architectural Control CommitteeArchitectural Control Committee Dexter Hall, Dexter Hall, Clubhouse renovationClubhouse renovation Carol Weber-Carol Weber- Newsletter Newsletter, Lynn Lee-, Lynn Lee- Clubhouse Rental Clubhouse Rental, Keith , Keith

Brown-Brown- Website Website

Page 7: Countrylane Woods II  Tonight’s Agenda

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Countrylane Woods IICountrylane Woods II Report of Officers-2011 Accomplishments Report of Officers-2011 Accomplishments

New St. Louis County Siren SystemNew St. Louis County Siren System

Page 8: Countrylane Woods II  Tonight’s Agenda

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Countrylane Woods IICountrylane Woods II Report of Officers- 2011 Accomplishments Report of Officers- 2011 Accomplishments

Common GrounCommon Groundd

Reviewed 4 RFPs for mowing-3 year contract. Awarded to Reviewed 4 RFPs for mowing-3 year contract. Awarded to Lawn EnforcementLawn Enforcement

Reviewed 2 RFPs for landscaping & planting. Awarded to Reviewed 2 RFPs for landscaping & planting. Awarded to Matthew WyattMatthew Wyatt

Page 9: Countrylane Woods II  Tonight’s Agenda

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Countrylane Woods IICountrylane Woods II Report of Officers- 2011 Accomplishments Report of Officers- 2011 Accomplishments

PoolPool

Reviewed 3 RFPs for pool Reviewed 3 RFPs for pool mgmt. services. Awarded mgmt. services. Awarded 3-yr. contract (2012-2014) 3-yr. contract (2012-2014) to Midwest Pool Mgmtto Midwest Pool Mgmt

No violations issued by St. No violations issued by St. Louis County at our pools Louis County at our pools for the entire 2011 swim for the entire 2011 swim seasonseason

Page 10: Countrylane Woods II  Tonight’s Agenda

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Countrylane Woods IICountrylane Woods II Report of Officers-2011 Accomplishments Report of Officers-2011 Accomplishments

ClubhouseClubhouse

Tiled FoyerTiled Foyer

Reviewed 4 RFPs for Reviewed 4 RFPs for replacement of HVAC. replacement of HVAC. Awarded to Eggers Htg & A/CAwarded to Eggers Htg & A/C

Sent out two RFPs to Sent out two RFPs to repair/remodel both restrooms.repair/remodel both restrooms.

Instituted No Smoking in Instituted No Smoking in clubhouse/pool areas and clubhouse/pool areas and established two smoking areas established two smoking areas with waste receptacleswith waste receptacles

Page 11: Countrylane Woods II  Tonight’s Agenda

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Countrylane Woods IICountrylane Woods II Report of Officers-2011 Accomplishments Report of Officers-2011 Accomplishments

Clubhouse-continuedClubhouse-continued

Updated all window Updated all window treatments-4 windows treatments-4 windows and sliding door & two and sliding door & two panelspanels

Page 12: Countrylane Woods II  Tonight’s Agenda

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Countrylane Woods IICountrylane Woods II Report of Officers-2011/2012 Financial Report of Officers-2011/2012 Financial

UpdateUpdate Operating IncomeOperating Income

• AssessmentsAssessments

• Clubhouse RentalClubhouse Rental

• Newsletter AdsNewsletter Ads

Non-Operating IncomeNon-Operating Income• Interest From Bank AccountsInterest From Bank Accounts

• Dividends From CDs & Money MarketDividends From CDs & Money Market

Operating ExpensesOperating Expenses Expenses mandatory for the maintenance and operation of pool, Expenses mandatory for the maintenance and operation of pool,

clubhouse, common grounds, and administration of the subdivision clubhouse, common grounds, and administration of the subdivision

Project ExpensesProject Expenses• Expenses not mandatory for maintenance and operation of CLW II Expenses not mandatory for maintenance and operation of CLW II

facilities facilities

Page 13: Countrylane Woods II  Tonight’s Agenda

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Countrylane Woods IICountrylane Woods II Report of Officers-2011/2012 Financial Report of Officers-2011/2012 Financial

UpdateUpdate

ObjectivesObjectives− Provide Fiscal Planning & Controls Provide Fiscal Planning & Controls – Match Total Expense = Total IncomeMatch Total Expense = Total Income

Minimize or Eliminate TaxesMinimize or Eliminate Taxes– Manage Money EffectivelyManage Money Effectively

Interest earnedInterest earned Operating IncomeOperating Income Operating ExpensesOperating Expenses Project Expenses Project Expenses

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Countrylane Woods IICountrylane Woods II Report of Officers-2011/2012 Financial Report of Officers-2011/2012 Financial

UpdateUpdate Manage IncomeManage Income

– Total Income = Operating Income + Total Income = Operating Income + Interest/DividendsInterest/Dividends

– Operating Income is primarily affected by changes in the Operating Income is primarily affected by changes in the Assessment of HomesAssessment of Homes

Manage ExpensesManage Expenses– Total Expense = Operating Expense + Project Total Expense = Operating Expense + Project

ExpenseExpense

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Countrylane Woods IICountrylane Woods II Report of Officers-2011/2012 Report of Officers-2011/2012

Financial UpdateFinancial Update Account BalancesAccount Balances

AccountType

Balance12/31/10

Balance12/31/11

Checking $36,143 $46,831

Money Market $139,103 $139,611

Total $175,246 $186,442

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Countrylane Woods IICountrylane Woods II Report of Officers-2011/2012 Report of Officers-2011/2012

Financial UpdateFinancial Update

Total Income-Expense SummaryTotal Income-Expense Summary

2011 Budget

2011 Actual

2012 Budget

Total Operating Income $136,640 $146,988 $136,640

Interest Income $1,500 $536 $400

Total Income $138,140 $147,524 $137,040

Total Expenses $136,970 $136,311 $134,315

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Countrylane Woods IICountrylane Woods IIReport of Officers-2011/2012 FinancesReport of Officers-2011/2012 Finances

Complete the following 2012 ProjectsComplete the following 2012 Projects– Bathroom Renovation Bathroom Renovation – Great Room Renovation Great Room Renovation

Manage Expenses to Meet IncomeManage Expenses to Meet Income

Page 18: Countrylane Woods II  Tonight’s Agenda

Accomplishments Since 2000Accomplishments Since 2000

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Countrylane Woods IICountrylane Woods IIReport of Officers-2011/2012 FinancesReport of Officers-2011/2012 Finances

Goals For The Trustees Since 2000Goals For The Trustees Since 2000 Modernize the CLWII Facilities and Modernize the CLWII Facilities and Common Grounds to ProvideCommon Grounds to Provide

Increased Value for Our HomesIncreased Value for Our Homes An Attractive & Safe Place for An Attractive & Safe Place for Residents and their Children to Play, Residents and their Children to Play, Swim, & Hold EventsSwim, & Hold Events A Neighborhood That Attracts Potential A Neighborhood That Attracts Potential Home BuyersHome Buyers

Page 19: Countrylane Woods II  Tonight’s Agenda

Accomplishments Since 2000Accomplishments Since 2000

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Countrylane Woods IICountrylane Woods IIReport of Officers-2011/2012 FinancesReport of Officers-2011/2012 Finances

Common GroundsCommon Grounds Erosion Repair – 2 AreasErosion Repair – 2 AreasRenovated Picnic AreasRenovated Picnic AreasBuilt Flower BedsBuilt Flower BedsInstalled Sprinklers for Flower BedsInstalled Sprinklers for Flower BedsRepaired Tennis Courts – TwiceRepaired Tennis Courts – TwiceRenovated Playground Renovated Playground Sealed & Striped Parking LotSealed & Striped Parking Lot

Page 20: Countrylane Woods II  Tonight’s Agenda

Accomplishments Since 2000Accomplishments Since 2000

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Countrylane Woods IICountrylane Woods IIReport of Officers-2011/2012 FinancesReport of Officers-2011/2012 Finances

PoolPool Resurfaced Lap PoolResurfaced Lap Pool Repaired Pool Deck CaulkingRepaired Pool Deck Caulking Replaced Pool FiltersReplaced Pool Filters Replaced Pool Lounges, Chairs & TablesReplaced Pool Lounges, Chairs & Tables

Page 21: Countrylane Woods II  Tonight’s Agenda

Accomplishments Since 2000Accomplishments Since 2000

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Countrylane Woods IICountrylane Woods IIReport of Officers-2011/2012 FinancesReport of Officers-2011/2012 Finances

Clubhouse ExteriorClubhouse Exterior Resided & Painted ClubhouseResided & Painted Clubhouse Replaced Windows & GuttersReplaced Windows & Gutters Rebuilt DeckRebuilt Deck Repaired Roof & Chimney LeaksRepaired Roof & Chimney Leaks Installed Security CamerasInstalled Security Cameras

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Accomplishments Since 2000Accomplishments Since 2000

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Countrylane Woods IICountrylane Woods IIReport of Officers-2011/2012 FinancesReport of Officers-2011/2012 Finances

Clubhouse InteriorClubhouse Interior Renovated Kitchen & Banquet RoomRenovated Kitchen & Banquet Room Replaced Electrical Panel and ServiceReplaced Electrical Panel and Service New Banquet Chairs, Tables & Bar StoolsNew Banquet Chairs, Tables & Bar Stools New Blinds & CurtainsNew Blinds & Curtains Installed Wall Air ConditionersInstalled Wall Air Conditioners Replaced Furnace and Air ConditionerReplaced Furnace and Air Conditioner Painted Lower LevelPainted Lower Level Replaced Check-In DeskReplaced Check-In Desk Installed Wireless Internet AccessInstalled Wireless Internet Access Installed HDTV Access Installed HDTV Access

Page 23: Countrylane Woods II  Tonight’s Agenda

Accomplishments Since 2000Accomplishments Since 2000

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Countrylane Woods IICountrylane Woods IIReport of Officers-2011/2012 FinancesReport of Officers-2011/2012 Finances

Looking ForwardLooking Forward Tennis Court RepairTennis Court Repair Resurface Parking LotResurface Parking Lot

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Countrylane Woods IICountrylane Woods IIReports of CommitteesReports of Committees

ACC IntroductionsACC Introductions

Architectural Control CommitteeArchitectural Control Committee– Mary DippoldMary Dippold– Karen DunneKaren Dunne– Joel Kray Joel Kray (Chairperson)(Chairperson)

– Eric Nestel Eric Nestel – Kathy RayfieldKathy Rayfield

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Countrylane Woods IICountrylane Woods II Reports of CommitteesReports of Committees

Architectural Control Committee Architectural Control Committee Summary of 2011Summary of 2011

Approved Applications for Review of Approved Applications for Review of Exterior Home Repair / Improvement Exterior Home Repair / Improvement

ProjectsProjects

Total of 48 Applications ReceivedTotal of 48 Applications Received

Total of 72 Project Approved Total of 72 Project Approved Breakdown of ApprovalsBreakdown of Approvals

19 Color samples approved19 Color samples approved

4 Color samples denied4 Color samples denied

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Countrylane Woods IICountrylane Woods II Reports of CommitteesReports of Committees

Architectural Control Committee Architectural Control Committee Summary of 2011-continuedSummary of 2011-continued

Breakdown of Approvals-continuedBreakdown of Approvals-continued

11 Siding Projects, 4 T1-11, 3 Cement/fiber, 4 LP 11 Siding Projects, 4 T1-11, 3 Cement/fiber, 4 LP Smart SideSmart Side

7 Doors painting7 Doors painting 6 Decks replaced, 4 existing decks stained6 Decks replaced, 4 existing decks stained 3 New fences, 4 Replacement fences, 1 Roof3 New fences, 4 Replacement fences, 1 Roof 3 Projects Replace Windows, 2 Doors replaced3 Projects Replace Windows, 2 Doors replaced 3 Projects Replace Windows, 2 Door Replacements3 Projects Replace Windows, 2 Door Replacements 12 Other projects (awing, screened porch, 2-story 12 Other projects (awing, screened porch, 2-story

addition, driveway, brick patio, concrete stairs, etc.)addition, driveway, brick patio, concrete stairs, etc.)

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Countrylane Woods IICountrylane Woods II Reports of CommitteesReports of Committees

Architectural Control Committee Architectural Control Committee Summary of 2011-continuedSummary of 2011-continued

Letters Written to Homeowners from ACCLetters Written to Homeowners from ACC

Cedar terrace home & trim panted a disallowed color Cedar terrace home & trim panted a disallowed color without ACC approval. Homeowner given 12 months without ACC approval. Homeowner given 12 months to comply.to comply.

Letters were issued to homeowners with fences along Letters were issued to homeowners with fences along Big Bend to have them painted at one time & in one Big Bend to have them painted at one time & in one color at a competitive “bulk rate.” Not enough color at a competitive “bulk rate.” Not enough participation so project was ended. No further participation so project was ended. No further action.action.

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Countrylane Woods IICountrylane Woods II Reports of CommitteesReports of Committees

Architectural Control Committee Architectural Control Committee Summary of 2011-Summary of 2011-continuedcontinued

Letters Written to Homeowners from ACC-continuedLetters Written to Homeowners from ACC-continued

In the past the ACC has approved paint colors based on In the past the ACC has approved paint colors based on small paint samples with finished project a different color. small paint samples with finished project a different color. The ACC now requires paint samples be submitted on a The ACC now requires paint samples be submitted on a one foot square of material on the home or to be used on one foot square of material on the home or to be used on the home. Indentures require wood tones of tan, brown, the home. Indentures require wood tones of tan, brown, cedar, or shades of gray, not another color with a little cedar, or shades of gray, not another color with a little gray mixed in.gray mixed in.

Updated photos of most cedar homes with projects Updated photos of most cedar homes with projects between 2006-09 have been taken, to finish Spring 2012.between 2006-09 have been taken, to finish Spring 2012.

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Countrylane Woods IICountrylane Woods II Reports of CommitteesReports of Committees

Architectural Control Committee Architectural Control Committee Summary of 2011-Summary of 2011-continuedcontinued

ACC Plans For 2012ACC Plans For 2012

Continue to remind homeowners that any trim around Continue to remind homeowners that any trim around windows and doors cannot be painted white or black. windows and doors cannot be painted white or black. Horizontal and corner trim must be the same color as the Horizontal and corner trim must be the same color as the home.home.

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Countrylane Woods IICountrylane Woods II Reports of CommitteesReports of Committees

Architectural Control Committee Architectural Control Committee

Summary of 2011-ACC Plans For 2012-continuedSummary of 2011-ACC Plans For 2012-continued

Reminder to ALL Residents of Countrylane Woods IIReminder to ALL Residents of Countrylane Woods II

A Review for Architectural Control Should be Completed for A Review for Architectural Control Should be Completed for Any Exterior Home Repair or Improvement Project except Any Exterior Home Repair or Improvement Project except planting trees and shrubsplanting trees and shrubs

This quick and painless process is in place to prevent a This quick and painless process is in place to prevent a homeowner from making mistakes that may end up costing homeowner from making mistakes that may end up costing them time and money.them time and money.

Please ask for permission in advance.Please ask for permission in advance. Do not ask for forgiveness after the factDo not ask for forgiveness after the fact Projects done in violation of the subdivision indentures will Projects done in violation of the subdivision indentures will

need to be redone at the homeowner’s expense.need to be redone at the homeowner’s expense.

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Countrylane Woods IICountrylane Woods II Election of Directors, If ApplicableElection of Directors, If Applicable

Eric Ruegg elected as trustee and corporate director/President– Term expires Eric Ruegg elected as trustee and corporate director/President– Term expires 1/131/13

Mike Ritchie elected as trustee and corporate director/Treasurer– Term expires Mike Ritchie elected as trustee and corporate director/Treasurer– Term expires 1/131/13

Carol Weber elected as trustee and corporate director/Secretary– Term expires Carol Weber elected as trustee and corporate director/Secretary– Term expires 1/131/13

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Countrylane Woods IICountrylane Woods II Unfinished/New BusinessUnfinished/New Business

Volunteers NeededVolunteers Needed

Architectural Control CommitteeArchitectural Control Committee

Build new lifeguard stands in early spring 2012Build new lifeguard stands in early spring 2012

Trustee Positions Expiring, Trustee Positions Expiring,

- 1 in 11/5/12- 1 in 11/5/12

- 3 in 1/31/13- 3 in 1/31/13

Clubhouse/Picnic Area Clean-upClubhouse/Picnic Area Clean-up

Simple repair work at clubhouseSimple repair work at clubhouse

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Countrylane Woods IICountrylane Woods II Unfinished/New BusinessUnfinished/New Business

Channel A RestorationChannel A Restoration

Completed 12/10Completed 12/10

Re-rock creek bed with Re-rock creek bed with proper rock, completed 7/11.proper rock, completed 7/11.

CLW II common ground re-CLW II common ground re-seeded & erosion issues seeded & erosion issues addressed, 10/11addressed, 10/11

Review of tree survival, Review of tree survival, Spring 2012Spring 2012

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Countrylane Woods IICountrylane Woods II Unfinished/New BusinessUnfinished/New Business

Channel B RestorationChannel B Restoration

$300,000 $300,000 appropriated by appropriated by City of City of Manchester for Manchester for engineering engineering study. North study. North section first, section first, South section South section second. Updates second. Updates to follow.to follow.

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Countrylane Woods IICountrylane Woods II Unfinished/New BusinessUnfinished/New Business

City of Manchester AlderpersonsCity of Manchester Alderpersons

Michael ClementMichael Clement

Marilyn OttenadMarilyn Ottenad

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Countrylane Woods IICountrylane Woods II Unfinished/New BusinessUnfinished/New Business

Lawsuit UpdateLawsuit Update 2006 a lawsuit filed by 4 residents and later enjoined by 12 2006 a lawsuit filed by 4 residents and later enjoined by 12

others against the Trustees and Directors of CLW IIothers against the Trustees and Directors of CLW II

Results of the lawsuitResults of the lawsuit

The court ruled that indentures are attached to the land and The court ruled that indentures are attached to the land and cannot be superseded by corporate bylawscannot be superseded by corporate bylaws

Our corporate bylaws were adopted in 2005 and ratified by the Our corporate bylaws were adopted in 2005 and ratified by the homeowners by a vote in 2009. These are the governing homeowners by a vote in 2009. These are the governing bylaws of our Homeowners Associationbylaws of our Homeowners Association

The elections held by the plaintiffs to remove the Trustees and The elections held by the plaintiffs to remove the Trustees and Directors were declared invalidDirectors were declared invalid

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Countrylane Woods IICountrylane Woods II Unfinished/New BusinessUnfinished/New Business

Lawsuit UpdateLawsuit Update - continued - continued

The court ruled that the duly elected Trustees and Directors of The court ruled that the duly elected Trustees and Directors of CLWII were Eric Ruegg, Keith Brown, Lynn Lee, Mike Ritchie CLWII were Eric Ruegg, Keith Brown, Lynn Lee, Mike Ritchie and Carol Weberand Carol Weber

Court costs were assessed against the plaintiffsCourt costs were assessed against the plaintiffs

Plaintiffs file a motionPlaintiffs file a motion

July 2010 Plaintiffs file a motion for a new trial and to July 2010 Plaintiffs file a motion for a new trial and to reconsider the previous judgmentreconsider the previous judgment

The court denies the motionThe court denies the motion

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Countrylane Woods IICountrylane Woods II Unfinished/New BusinessUnfinished/New Business

Lawsuit Update Lawsuit Update - continued- continued

Appeals CourtAppeals Court

Motion to Appeal by PlaintiffsMotion to Appeal by Plaintiffs

The Plaintiffs position was that the Circuit Court did not rule on all The Plaintiffs position was that the Circuit Court did not rule on all complaints and the case should be appealed. The Appeals Court complaints and the case should be appealed. The Appeals Court ruled that since the Plaintiff’s position was that there was no final ruled that since the Plaintiff’s position was that there was no final ruling, then the case could not be appealed and the motion for appeal ruling, then the case could not be appealed and the motion for appeal was denied.was denied.

Circuit CourtCircuit Court Plaintiffs petitioned the Circuit Court to re-open the evidence (trial).Plaintiffs petitioned the Circuit Court to re-open the evidence (trial).11/2/2011-The Circuit Court filed an “Amended Judgment of Finding 11/2/2011-The Circuit Court filed an “Amended Judgment of Finding of Fact and Conclusions of Law” and Order denying Plaintiffs motion of Fact and Conclusions of Law” and Order denying Plaintiffs motion to re-open evidence.to re-open evidence.

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Countrylane Woods IICountrylane Woods II Unfinished/New BusinessUnfinished/New Business

Lawsuit Update Lawsuit Update - continued- continued

Appeals CourtAppeals Court

2/21/2012-Plaintiffs have filed a notice of appeal of the 2/21/2012-Plaintiffs have filed a notice of appeal of the Circuit Courts decisionCircuit Courts decision

Small Claims CourtSmall Claims Court

12/30/2010-John Osthus filed a small claim’s case 12/30/2010-John Osthus filed a small claim’s case claiming that he had to unlawfully pay assessments in claiming that he had to unlawfully pay assessments in excess of $250 for the years 2007, 2008, 2009 and 2010. excess of $250 for the years 2007, 2008, 2009 and 2010. He also claimed that indenture amendments were not He also claimed that indenture amendments were not correctly passed and the value of his house had correctly passed and the value of his house had decreased by the new restrictions.decreased by the new restrictions.

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Countrylane Woods IICountrylane Woods II Unfinished/New BusinessUnfinished/New Business

Lawsuit UpdateLawsuit Update - continued - continued

Small Claims CourtSmall Claims Court

2/2/ 2011-The subdivision attorney filed two motions to 2/2/ 2011-The subdivision attorney filed two motions to dismiss and a counter claim for “abuse of process”.dismiss and a counter claim for “abuse of process”.

The court upheld the motions to dismiss and awarded The court upheld the motions to dismiss and awarded CLW II HOA $500 in the counterclaimCLW II HOA $500 in the counterclaim

Trial De Novo (Small Claims Appeal)Trial De Novo (Small Claims Appeal)4/1/2011-The Trial De Novo was dismissed since the 4/1/2011-The Trial De Novo was dismissed since the court stenographer forgot to take notes.court stenographer forgot to take notes.

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Countrylane Woods IICountrylane Woods II Unfinished/New BusinessUnfinished/New Business

Lawsuit UpdateLawsuit Update - continued - continued

Small Claims CourtSmall Claims Court

8-29-2011-The second Trial De Novo ruled that all claims 8-29-2011-The second Trial De Novo ruled that all claims brought by Mr. Osthus were dismissed just as in the brought by Mr. Osthus were dismissed just as in the original small claims court. The $500 awarded to the original small claims court. The $500 awarded to the subdivision for abuse of process was dismissed.subdivision for abuse of process was dismissed.

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Countrylane Woods IICountrylane Woods II Unfinished/New BusinessUnfinished/New Business

Lawsuit UpdateLawsuit Update - continued - continued

Appellants & Intervenor- AppellantsAppellants & Intervenor- AppellantsSource: Missouri Case NetSource: Missouri Case Net

Below are the residents who filed the notice to appeal and those Below are the residents who filed the notice to appeal and those who later intervened and were added to the appeal. who later intervened and were added to the appeal.

AppellantsAppellants - John Osthus, Michael Page, Richard Duff, Mary - John Osthus, Michael Page, Richard Duff, Mary Fitzpatrick Fitzpatrick 

Intervener-AppellantsIntervener-Appellants - Frances Levy, Harold & Beulah Boll, - Frances Levy, Harold & Beulah Boll, Deneal Schilmeister, John & Patricia Hamill, John & Beverly Deneal Schilmeister, John & Patricia Hamill, John & Beverly Boyland, Francis Basler, Steve & Mary Koken Buschman, Henry & Boyland, Francis Basler, Steve & Mary Koken Buschman, Henry & Patricia Thill, Camille Demeter, Dorothy Callier, Miles Whitener, Patricia Thill, Camille Demeter, Dorothy Callier, Miles Whitener, Doris Hendrickson, Brad Bomaz, and Margaret MatheyDoris Hendrickson, Brad Bomaz, and Margaret Mathey

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Countrylane Woods IICountrylane Woods II Unfinished/New BusinessUnfinished/New Business

Lawsuit UpdateLawsuit Update - continued - continued

Lawsuit Costs to DateLawsuit Costs to Date

Direct costs to CLW IIDirect costs to CLW II $18,107.32 $18,107.32 Traveler’s Insurance $64,370.00Traveler’s Insurance $64,370.00

TOTAL $82,477.32TOTAL $82,477.32

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Countrylane Woods IICountrylane Woods II

Homeowner CommentsHomeowner Comments

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Countrylane Woods IICountrylane Woods II

AdjournAdjourn

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Countrylane Woods IICountrylane Woods IIHomeowner’s Association, Inc.Homeowner’s Association, Inc.

Thanks for attending andThanks for attending andplease drive home safelyplease drive home safely