MINUTES OF THE

BENTANA PARK COUNCIL OF CO-OWNERS

BOARD OF DIRECTORS MEETING

 

12052 North Shore Drive

Reston, VA 20190

 

February 9, 2016

                                               

Board Members Present:     David Brych               President

Kathy Ray                   Vice President                        

                                                Peter Weed                 Treasurer

                                                Ali Ghassemian           Director

Kristine Larson           Director

                          

Board Members Absent:      None

                                               

Others Present:                     Tracy Plazyk               Horizon Community Services

                                                Laura Poole                 Horizon Community Services

Karen Case                  Recording Secretary

 

I.          Call to Order:  Mr. Brych called the meeting to order at 6:58  p.m.

 

II.        Approval of Agenda:

 

MOTION:  Mr. Weed moved, Ms. Ray seconded, to approve the agenda as amended.  The motion passed unanimously (5-0-0)

 

 

III.       Homeowner Forum:

 

Christina Ulosench reported there may be a railing that has fallen down in the rear of 1666.  She inquired about the HUD signs on the door of 1666-200

 

Peter Combes of 1666 reported there has been furor on his website about people taking ownership of common area parking spaces.  This started when residents were digging out snow covered parking spaces, but now a resident continues to claim a parking space.  Mr. Weed requested clarification on the parking rules and there was discussion about common area parking spaces which are all first come, first serve.  The only reserved parking spaces are in the carports.

 

Sally Werntz of 1665 inquired about parking stickers.  There has been a lack of response from residents registering their vehicles to get parking stickers.

 

Sean Crimmins of 1672 inquired about the rules regarding out of state license plates.Notification will be put on these vehicles.  Residents should contact Management to request an exception.

Emily Jackson of 1672 asked if the community has an email newsletter or email blasts to send updates especially during the snow storm.  There was discussion about the Association website where messages about the snow were posted.  Residents should register for the Association website and click on “stay connected”.

 

A homeowner reorted the problem of the flimsy trash bags has been corrected.

 

 

IV.       President’s Report: 

 

Mr. Brych reported on the snow plowing during the blizzard.  There have been some electrical problems in the middle section of the community which will be discussed later in the agenda.

 

V.        Treasurer’s Report:

 

Mr. Weed noted the current electrical repairs will require a lot of cash unexpectedly, however the Association has enough in liquid assets to cover the expense. There is about $340,000 in liquid assets.  Mr. Weed inquired about obtaining a satisfactory report from the contractor that did the roof inspection.  Ms. Plazyk contacted the contractor and was told the report on file is the report that the contractor could provide.  Mr. Weed wants to make sure the roofs have been inspected properly.  The Association should not pay for the inspection if they cannot provide a better report and should have them inspected by another company if they have not been inspected properly.

 

VI.       Secretary’s Report:

 

MOTION:  Mr. Weed moved, Ms Larson seconded, to approve the January 12 2016 Board meeting minutes as presented.  The motion passed unanimously (5-0-0)

 

VII.     Management Report:         

 

 

Janatorial & Maintenance Items – Trash bags have been corrected. Citywide came to work on gutters but they did not complete 1648.  The Board had been disappointed with the cleaning.  Management has expressed this to Citywide.  The contract will have to be terminated if they do not improve

 

VIII.  Action Item Review:

 

The remaining item to discuss is obtaining legal opinions on three different issues.  Legal counsel has provided the legal opinions (discussed under New Business).

 

 

IX.  Unfinished Business:

 

There was no old business to discuss.

 

IX.  New Business:

 

 

Legal Opinion on Covenants Concerning Unit Owners Providing Keys to Management:

 

The deed documents state Management should have  key for each unit.  The Board discussed the legal opinion provided by the attorney which advises against enforcing this part of the covenants.

 

MOTION:  Mr. Weed moved, Mr. Brych seconded, to permanently table further discussion regarding the section of the covenants concerning keys.  The motion passed unanimously (5-0-0).

 

 

Legal Opinion Concerning Unit Owners providing Certificates of Insurance to Management :

 

The deed documents require all owners to provide a certificate of insurance to Management to be kept on file.  The Board discussed the legal opinion provided by the attorney which advises against enforcing this part of the covenants.

 

MOTION:  Mr. Weed moved, Mr. Brych seconded, to permanently table further discussion regarding the section of the covenants concerning owners’ certificates of insurance.  The motion passed unanimously (5-0-0).

 

Legal Opinion on Appropriation of Costs on Limited Common Element Repairs:

 

The issue was raised concerning whether carport roofs should be paid by all owners or only those owners who have carports.  The Board discussed the legal opinion provided by the attorney which advises in favor of handling this as it has been handled in the past.

 

MOTION:  Mr. Weed moved, Mr. Brych seconded, to permanently table further discussion on the appropriation of costs on limited common element repairs.  The motion passed unanimously (5-0-0).

 

SB1390 Virginia Condominium Acts; Meetings of the Unit Owners’ Association, Failure to Meet a Quorum:

 

Mr. Weed shared information on a new law passed that provides for a unit owners’ association or unit owner to petition the court to order a meeting for the purpose of election of officers if (a) no annual meeting has been held due to failure to obtain a quorum and (b) the Association has made good faith attempts to convene an annual meeting in three successive years that have been unsuccessful due to the failure to obtain a quorum.  Mr. Weed suggested following through on the process to petition the court as the Association has attempted to convene an annual meeting and failed to meet quorum for more than seven years.  Mr. Weed will pass the details on to Management for follow up.

 

Update/Discussion on Electrical Work at 1668:

 

Mr. Bryce shared information on the power emergency that occurred last Friday night affecting 1646, 1656, and 1664.  Emergency generators were put on site and Dixie Electric workers have been working well over a week to fix this.  Management has submitted a claim to the insurance and it is being researched.  Mr. Weed discussed the impact of this unexpected expense on the budget.

 

Light Pole Replacement:

 

Ms. Plazyk reported two light poles have been ordered for replacement at 1662 and 1668 after the electrical work is done.

 

Fire Alarm and Sprinkler Inspection:

 

Ms. Plazyk reported the inspection will be done on February 18th.

 

Hot Water Tank Inspection:

 

Ms. Plazyk reported all hot water tanks have been inspected and there may be three that need repairs.

 

 

XI     Adjournment:

 

The Board meeting was adjourned at 8:32 p.m.

 

 

The above represents a transcript of the official BPCA minutes of February 9, 2016, as approved on 3/8/2016.