Date: Saturday, July 27, 2019
Time: 10:00 - 11:00 AM
Location: Little Church in the Pines
4100 South Big Springs Loop Road
Island Park, ID 83429
- Call to Order: Welcome by Dayna Parks.
- Greetings/Introductions: Introductions/Purpose of - Mr. Sperry presented the purpose of the board and his role in the meeting.
- Election (Jeff): Mr. Sperry explained the voting process used for this upcoming term. Candidates were Dayna Parks, Kelly Cragun, Ken Jensen, Jeff Miller, and Kristy Wachs. Voting is closed and there will not be a vote at the meeting today. Mr. Simpson stated he is on the board of another HOA and they always take write-in votes at the annual meeting. He stated that state law says write-ins must be accepted. Mr. Sperry explained state law allows board to determine method of voting. Mr. Bean stated the CCRs state that the purpose of this meeting is to determine the board. Mr. Sperry read the CCRs citing section 8 stating the board has discretion on the voting method. Mr. Bean stated that section 8 doesn’t state that the board has full discretion. Mr. Sperry stated we are not going to vote at this meeting. The board gave adequate notice for members to run for a board position. Members received a letter on February 8th stating anyone interested in running for a board position needed to submit a short bio by May 3rd. Mr. Bensen stated he did not get any mailings. Jeff stated the letters were sent to whoever is the primary owner on the Fremont County Tax Records. Ms. Hoberecht said she did receive the letter stating the time of the meeting and the ballot but did not realize she needed to send the ballot back in. Mr. Kriech stated the association has always voted at the annual meeting. It was also stated voting was conducted by mail in the past. Jeff explained the purpose of the board. He also stated the law has changed to allow rentals and the board is receiving complaints from both sides. The board was trying to be fair by allowing votes to be done by mail. Mr. Rand stated he is a past president of a large HOA and they had lawyers on retainer and they filed a $5 million law suit. He cited the Davis Sterling Act. He said this act gives guidance to HOAs and has become case law in all 50 states. Mr. Bean stated they didn’t need to send in their names for voting as per his lawyer. Ms. Arbon said we have always been a harmonious community. When Mr. Bean said when he bought there were only 38 cabins. He is forced to rent for financial purposes. Mr. Furu stated the board has been elected and should have the authority to make decisions. He did receive the letter and has been a member of the HOA for 16 years. He feels there should be write-ins for others to hear about the people who are interested in being on the board. A member asked about the vote for the change to the CCRs. Mr. Sperry explained this issue will be discussed at a later date. Board members introduced themselves.
- Financial Report (Jeff):
- Snow Removal/Roads Report (Jeff): Nez Perce was upgraded this year and Mag Chloride was applied to the main roads. Kevin Mickelsen is contracted to remove snow on the HOA roads. We do not call him in unless there is six inches of snow accumulated. Phone number was given so members can call Kevin to have him remove snow from their driveways. His number is 208-705-7171. The HOA does not pay for driveways to have snow removed. Several members have been designated to call Kevin to remove snow from the roads. (Board members, Chris Waddups, Ryan Notestine)
- Dues (Jeff): Mr. Sperry explained the ballot for changing categories. He explained the three categories in the CCRs. A unofficial ballot was given out to get an idea of how many people are in favor of the category three change to “rentals”. Mr. Sperry emphasized this is not a vote—it is just to gather information on opinions of the association. This is to get an idea of what the members want. Mr. Sperry read the CCRs. He also explained the Idaho State Law. It states that an HOA cannot restrict rental properties. He also explained our HOA has no restrictions in place, however rentals are still governed by the CCRs. The board believes rentals have an impact on the HOA infrastructure. Jeff read the proposed changes to Section V of bylaws. Category two change to vacant lots. Category three change to residents that rent their property to two or more people per night. Mr. Belnap asked what information is being used to determine dues increased for rentals. Mr. Bean stated there is not any cabin renting more than 10 people. Roger explained our water system was designed to accommodate 100 lots. Our storage capacity was not designed to handle the amount of people using it. Tryge explained the system has excellent capacity and what we need is a backup well and pump. Ms. Arbon stated she walks the development daily. She has seen 12 people in a large bus at one residence. She also saw a motorhome and three additional cars at one residence. She also stated a contractor was trenching along the road. She asked him if he could put a dip in the road and he said “you mean on this speedway”. Ms. Bean stated the rentals are not opposed to paying more for maintaining the HOA infrastructure but she feels the board is trying to make it difficult for them. Ms. Shaw stated the rentals are making it difficult for non-rentals. Ms. Hoberecht stated she has managed other vacation rentals and renters are different neighbors but they are good neighbors. She said they have rules for their guests that go beyond Fremont County’s rules. Dayna stated he has watched Ms. Hoberecht’s renters ride their snowmobiles across other properties. Mr. Bean stated he has been in the HOA during the summer and winter and he has not seen any renters speeding. He would like others to report to him if they see his renters breaking the rules.
- Architectural Report (Ken): Five new plans approved this year. One garage approved. One build finished from 2018. Two shed and one deck approved. Mr. Furu expressed concerns about 1000 sq. ft. per main level being enforced. Height restrictions were also discussed. It was stated we will be adhering to the CCRs with only one-story buildings being allowed on lower lots.
- Bear Proof Garbage Cans (Kelly):
- Outdoor Storage (Kelly):
- Parking on Roads (Kelly): Kelly explained parking is not allowed on the streets. Ken discussed possibly putting in removable speedbumps during the summer. Kristy described the cost and design of speedbumps. Jeff asked who agreed with installing speedbumps and all agreed. Kelly asked if anyone opposed and no one opposed. Tryge explained that other developments are having Kevin Mickelsen bring in gravel and create speedbumps and then scrape if off during the winter. The cost of this will be explored by the board.
- Snowmobiles on Roads/Respect other’s Property (Kelly): Kelly
- Parking on Roads (Kelly): Kelly asked everyone to not park snowmobiles on the road and to not ride snowmobiles over other’s property. Respect other’s property. Don’t hook to other’s hydrants in the winter without owner’s permission. BHHE has a blog with HOA information. bighornhillsestates.blogspot.com Mr. Bean said he has a spreadsheet with names and phone numbers and he will provide a copy to anyone who wants it.
- BHHE Signs (Scott): Mr. Heifort stated he has a friend who will laser cut signs for the entrances of BHHE for materials only. They would look similar to the Island Park signs. He will get an estimate of cost.
- Water Report (Ken): Ken stated the water testing showed no issues with our water.
- Jeff reported the unofficial vote on changing the third category was 36 for the change and 23 against the change. Mr. Simpson stated other developments he is contact with pay the same dues for vacant lots, homes, and rentals. Mr. Kincheloe explained that when many people built in BHHE they built their dream homes in a development that did not allow rentals. They did not want strangers to come into their neighborhood. Mr. Bean stated they rent to a high class of people. Mr. Haynes stated he is a renter and he does not feel hated. His concern is that we are preparing for the future. He is not against paying higher dues. He does not want to face a high assessment in the future for maintenance.
- Comments
Island Park ID, 83429
17. Adjourn: Dayna closed the meeting.
Water Committee: Architectural Committee:
Chris Waddups Ken Jensen
Roger Cragun Roger Cragun
Dayna Parks Ralph Kincheloe
Barry Bean
In attendance (per signatures on sign-in sheet):
Gary and Lynn Arbon
Todd Belnap
Barry and Sue Bean
Brandi and Jeff Kadlec
Wade Carstens
Todd Clement
Roger and Kelly Cragun
David and Kimberly Haynes
Donald and Peggy Furu
Stephen Heiberger
Scott and Sheila Heifort
Suzy Hoberecht
Ken and MeLauni Jensen
Ralph Kincheloe
Russell and Mabeth Kudrna
Jeff Miller
Farrell Oswald
Richard Packer
Dayna and Juli Parks
Barry Phillips
Diane Liedtka-Holmquist
Rand Kriech
Kerrie Taggart
Dennis and Dianna Shaw
Tryge and Tammy Simpson
Kristy and Greg Wachs
Kris Sperry (attorney)
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Comments written on cards
Water Fees
- Will the board entertain multiple ideas for water fees?
- math assumptions vs meter install
- traffic counters to get vehicle data on roads, or request rentals to provide number of vehicles/rental stays
- Consider top side evaluations; does the water system need to be looked at first, before owners vs rentals?
- Assessment per lot to go directly into water fund.
Assessments/Fees
- Increase dues or perhaps small assessment per lot. I would like to see our water account increased somehow to assist us in case of emergency.
- Late fees: I like sending late fees to collections or if not paid within a certain time (many months) would we ever put a lien? Just a though.
Traffic
- Because of one rental opening on Howard Creek, the traffic has increased 10 times from what it has been. The dust has increased greatly. I would request next time, dust abatement is applied that Howard Creek drive be included.
Elections
- Board positions need to be staggered for elections. That way only a few positions could be replaced each year, not all positions.
- As we have all seen today, this was a heated issue. In the future, I would like to see the elections held at the annual meeting. In the past there was difficulty in obtaining a quorum, but it may not be an issue in the future. As a voter, I would like to have sufficient information on the candidates and allow write-ins.
Snow Removal
- Please let us know who to call for snow by name and phone number in writing
- Focus on snow removal
Other
- Our pipes were frozen - what can be done?
- Yes - to speed bumps