2021 BHHE Annual Meeting

 

BHHE Annual Meeting

July 24, 2021

10:08-11:40

1.       Call to order: Prior to call to order, members signed in, corrected emails and phone numbers, and received a copy of the BHHE financial statement and agenda. Chris Mehr welcomed everyone and thanked them for coming. He introduced the board. He also announced that this meeting is being recorded on Zoom and the recording will be available after the meeting. He reviewed the agenda for the meeting. No work day will be held today.

 

2.       Snapshot of last year: Chris discussed what the board has accomplished this year. We replaced the entire water line on Howard Creek. Two bids were obtained. Jeff Miller and Tryge Simpson helped with the bid process. The final cost was $24,700. The board hopes to continue to replace one section of water pipe at a time as need arises. The board worked with some members to resolve issues with building completion. Chris thanked Tryge for working with the board and completing his outside improvements. The board plans to replace the well pump this next year. Chris thanked Chris Waddops for his work on the water committee and for testing the water each Quarter. Our water continues to be good. Thanks to Tryge and Chris Waddops for their work with water issues in the winter. Thanks to Jeff for all his hard work as a board member. Thanks to Kelly for attending every board meeting and for all her hard work. She has made decisions that she thinks is in the best interest of the subdivision. Thanks to Ken Jensen for his work on the board and architectural committee.

 

3.       Election: Chris Waddops explained his involvement in counting the ballots. He announced the results of the election. Barry Bean asked who collected and counted the ballots. Jeff announced we received 405 votes out of 500. Barry felt Jeff Miller should never have seen the ballots. Chris announced all ballots will be made available for members to review. Barry felt an independent third party should have received the ballots and counted them. He feels the board should not have seen the ballots. Barry’s suggestion will be taken under consideration by the new board. Chris reiterated that the ballots will be made available for members to review. Chris reminded everyone that the board is a volunteer board. Jeff stated we had the ballots come to him since he is the person who collects the money and his address is the one that everyone sends correspondence to and does this in an effort to reduce association costs. Chris Waddoups stated that many years ago (when he was a board member) the votes were sent to an independent company.

Candidates:  Chris Mehr, Jeff Miller, Kristy Wachs, Jeff Kadlec, Ralph Kincheloe, Sue Bean

Term expired / not seeking reelection:  Kelly Krugan, Ken Jensen

Elected:  Chris Mehr, Jeff Miller, Kristy Wachs, Jeff Kadlec, Ralph Kincheloe

 

4.       Lawsuit and legal costs: Chris discussed the pending lawsuit. He explained our attorney has instructed us to not discuss certain aspect of the lawsuit. Chris read a statement prepared by Scott Smith. The Bighorn Hills Estates Homeowners Association is tasked with enforcing the subdivision’s covenants, conditions & restrictions. It is the opinion of the board of directors that Don Evans has violated by the CC&Rs by constructing a detached garage at 4231 Bighorn Lane without approval from the board of directors. This lot is owned by his company Bighorn Cabin Rentals LLC. The HOA made every attempt to resolve this dispute with Don. In February 2021, Don apologized and offered to settle this matter by paying $15,000 to the HOA. In response, the HOA offered to settle the matter for $20,000. The payment would have been used for HOA expenses associated with maintaining the subdivision’s water system and roads. By all indications at the time, the board of directors expected this small difference between the offers to be easily bridged and the matter to be amicably resolved in short order. However, instead of finalizing a settlement and putting this matter to rest, Don cut off communications with the HOA and filed a complaint with the U.S. Department of Housing and Urban Development, claiming that the board of directors had discriminated against his children by not allowing the construction of his unapproved detached garage. The HOA submitted an Answer denying any such discrimination. The U.S. Department of Housing and Urban Development is currently investigating Don’s discrimination claim, which the board of directors believes is baseless.

        Because Don has refused to discuss an amicable resolution of this matter and has continued to build his unapproved detached garage, the HOA filed a lawsuit in state court on June 3, 2021, seeking to prevent the construction of the unapproved detached garage. The lawsuit was filed against Don’s company, Bighorn Cabin Rentals LLC, as the lot owner. On June 21, 2021, an Answer was filed in the state court lawsuit. Copies of the HUD complaint and answer and copies of the state court complaint and answer are maintained in the records of the HOA. Copies are available upon request by any member.

        The HOA has retained separate legal counsel for the defense of the HUD complaint and for the prosecution of the state court lawsuit. The legal fees associated with the HUD complaint are currently being covered by the HOA’s insurance company. The legal fees associated with the state court lawsuit are being paid by the HOA. To date, the HOA has paid approximately $13,000 in legal fees associated with the state court lawsuit. Records of legal fee expenditures are maintained by the HOA and are available upon request by any member.

        Because of the pending HUD investigation and state court lawsuit, no further comment will be made at this time with respect to either matter.

 

5.       Water report/Water system discussion: Jeff explained the process Chris Waddoups goes through for testing our water. We appreciate Chris Waddoups’s efforts. Jeff reviewed the work done on Howard Creek and why we are considering replacing the well pump. Jeff discussed the difficulty with getting a bid on the pump and the replacement. The bids run from $6,000 to $9,000. Connie Kinchloe asked how many of the water lines have been replaced. Jeff explained most long sections have not been replaced. We have made smaller repairs. Tryge explained the pump we have is really efficient. It was monitored last year and the pump only was on about 90 minutes per day. He feels getting the same pump would be beneficial. He would like to consider a different float system to help the pump not run as much. It was asked if we have sufficient water for all the new building. Jeff explained the water system was designed for a max of 99 buildings. We have had  engineers look at the system and we have received conflicting opinions. Chris Waddoups stated he checks to see how often the pump turns on. On a busy day it has been turning on for 90 minutes 4 to 5 times per day. Previous years it only turned on once or twice per day. Roger Cragun explained the water system was designed in 1974 to conform to the Idaho DEQ (1974) and the design parameter is for four person homes with 120 gallons per person.

 

6.       Financial report/Audit results: Jeff discussed the financial audit we had completed this year. He read the findings. All audited items matched and no discrepancies were found. Tax forms were also reviewed. The audit was approximately $300. Jeff discussed our financial situation. He won a $500 energy credit for BHHE at Fall River’s annual meeting. Jeff explained that the board has the authority to spend association funds and if members want to buy items for the association they need to get it approved by the board before purchasing any items. Jeff explained revenue and expenditures. Water and road deposits were explained. Snow removal and water samples costs explained. Chris Waddoups asked if the $13,000 for the lawsuit has been paid yet. He is concerned about the total amount of a lawsuit. Chris Mehr explained that we cannot determine the cost of a lawsuit. The board is trying to make sure all members are following the CCRs. Chris explained the new board will vote whether to continue the lawsuit. Don Evans stated, in his opinion, the lawsuit will be about $100,000 for each side. Jeff stated that the association lawyer stated $30-$40K.  Lynn Arbon stated she doesn’t know the CCRs well but it appears to her that if someone wants to build now they can build small or large. She asked what the CCRs state. The CCRs were discussed. Several members commented. Chris reiterated the board is responsible for making all decisions for the development. Tryge stated that he helps everyone in the development more than they know. He requested that we settle with Don. Chris read from the attorney’s statement again. Rewriting the CCRs was discussed. Rand stated that if the CCRs are rewritten the new CCRs would only pertain to new lots. Jeff discussed the parking of trailers in the winter. Bear at Henry’s Lake Station will allow snowmobile trailer parking at his place. Please contact Bear at 208.558.7166.

 

7.       Architectural report/Building requirements: Kelly stated there is a new form for building approvals. The form is available on the BHHE blog. (bighornhillsestates.blogspot.com)

 

8.       Maintenance of subdivision: Kelly discussed the use of bear proof garbage cans. Tryge stated a sow and cubs are here and have been seen this spring. Barry Bean stated the bears did try to get into his garbage cans but were unsuccessful. Coolers and garbage bags should not be left out. Remind all guests to ride snowmobiles only on roads and their property. Snowmobiles are not allowed on other’s property. Oswalds asked if the board can make a list of homeowners and phone numbers available so people know who to contact if necessary. Connie Kinchloe stated we do have a Nextdoor account setup and new owners can be added. Contact Connie. Chris stated anyone can call the board if needed. Barry Bean stated all rentals have a phone number posted on the door. Tryge stated he is here all the time and anyone can contact him at 208-270-7591.

 

9.       Island Park Sustainable Fire Community: August 4^th at 10:00 there will be a presentation. Slash can be put by the side of the road to be picked up. Call 208-680-6852 or visit their website.  They also have grants available. Kristy called Fremont County Weed Control about spraying for thistle. They should be here within the next two weeks to spray. BHHE is responsible for the cost of the chemical.

 

10.   BHHE signs: New signs at the entrances was proposed last year. Ralph and Connie were the only ones to send in money. It has been returned to them. No signs will be purchased.

 

11.   Questions: Don Furu asked how often the board meets and if members can observe the meetings. Chris responded the board meets as often as needed. The board was sending out minutes to meetings at the beginning of last year but were threatened to be sued by some members. The new board will vote on this issue. Don Furu stated the board is his representative and he has the right to hear what is being discussed. Chris explained that this is a volunteer board and has been threatened with lawsuits and even death. Don does not want a copy of the minutes—he wants to attend the meetings. He does not want to be shut out. The new board will take this under advisement. Barry Bean suggested part of the meeting be open to everyone but executive decisions be discussed without other members. Tryge stated he is on many boards. He has found that with open meetings other members will shut down the members who are making threats. Chris stated our subdivision is growing. We have some members who are confrontational. The board has been threatened continually. Lynn Arbon thanked Kristy for mowing, the board for everything they put up with, whoever put up the speedbumps (Jeff Miller & Chris Waddoups), and for members who turn off their lights at night so she can see the stars. Barry Bean said he has storage space for the speed bumps in his garage. Ralph Kinchloe updated everyone on the Highway 20 Project. He is recommending the passing lanes be installed after BHHE so we don’t have to try to exit BHHE within the passing lanes. It was asked if anyone is interested in lowering the speed limit. Ralph and Connie stated that has been requested.

 

12.   Blog: bighornhillsestates.blogspot.com  Email: Board@bhhe.org

 

13.   Work projects: No work projects at this time.

 

14.   Adjourn: Chris adjourned the meeting 11:40.