1/6/2023
Weaver Hollow Board meeting minutes for 1/6/2023
Meeting was called to order by Joyce Samples at 5:00 PM on January 6th, 2023. Present were in person, Joyce Samples, Bob Bickerton, Virginia (Ginny) Dodd, Brett Cothren, Carlos Sosa, and Eva Gold was present by calling in.
Joyce began the meeting by stating how difficult it was to schedule a board meeting where all could be present, and that she has been trying for months to do so. She also said that the meeting would be conducted in a civil and respectful manner.
Brett was asked his thoughts about resigning. He had been sent a letter by Heather Klein, the attorney for the Weaver Hollow Landowner’s Association (WHLOA) board (see attached), stating, among other points, that he had a conflict of interest, had violated his fiduciary duties and, as an officer, was required to support the Restrictions & Covenants (R & C’s) , and had been asked to resign. He responded by stating that he did not agree with the 2017 R & C’s and felt that he did not have to abide by them.
Joyce explained that the board has a duty to uphold the R & C’s as filed, even if he did not agree with them. Brett disagreed, stating that he will only uphold the R & C’s from 1987. He feels that since they were not filed properly (the signature sheet was not filed appropriately, although the R&C’s were) they are not valid. However, the attorney for Weaver Hollow has advised the board that since they had not been challenged for over five years, they are valid since they are past the statute of limitations, and because they were approved by a large margin.
Bob stated that Brett, as an officer, has a conflict of interest by building the rental sites on his property and that the letter from the board’s attorney indicated that his presence on the board impacts the integrity of the board’s actions.
Brett again stated he does not agree with the 2017 R & C’s and will only support the old ones. He stated that he has not retained an attorney.
As he has a fiduciary duty as a member of the board to uphold the R & C’s, his refusal to support the current R & C’s means he cannot serve on the board, as it is against the WHLOA bylaws (Article II, Section 2).
Bob made a motion to remove Brett from the board and Ginny seconded. Bob, Joyce, Eva and Ginny voted in favor, Carlos voted against. Motion to remove was approved.
Carlos resigned after stating that he did not want to be a part of this, and both Carlos and Brett left the meeting. Before he left, Brett said he would return the Secretary records. The board discussed asking Leah Lynch to accept the secretary position, and all approved.
Eva said she would record the minutes for this meeting.
Shannon Dunn, the current Vice President, had resigned from the board on 11/28/2022, stating that he did not have time to fulfill his board obligations.
Bob nominated Jeannie Logan as interim VP, Joyce seconded, All were in favor.
Joyce nominated Butch Johnston to complete the remainder of Carlos’ two-year term on the board. Ginny seconded. All were in favor.
Bob made a motion to remove Brett from the R & C revisions committee and suggested to replace him with Jon Lynch, Joyce seconded, and all were in favor.
The board discussed asking Leah Lynch to be Secretary, all were in favor to ask her if she will accept.
These people will be contacted to see if they will consider serving in the capacity the board requests of them. The board will need to replace Ginny to finish out her term, after the closure of the sale of her property.
At one point during the meeting Ginny stated that a major factor in her decision to sell her property was the ongoing division occurring in Weaver Hollow.
Treasurer’s report: Eva reported that the checking account has an available balance of $19,204.80 and the savings account has $11,990.94. Two landowners have not paid the dues as of the meeting date. Eva will send certified letters to these people requesting payment and notifying them of the late fees.
Ginny motioned to accept the Treasurer’s report, Bob seconded, all were in favor.
Several people reported to the board that there was damage to the property beside the common area by some sort of vehicle. Driving on someone else’s property is not only trespassing but also against our R & C’s. Please stay off of others’ property unless you have permission.
The board believes that there are several violations of the R & C's, and would like to remind the landowner’s of the following:
A landowner is not allowed to run a commercial business on any property in Weaver Hollow.
A landowner is not allowed to have a camper, motor home, or recreational vehicle (RV) on a lot year-round, unless that lot has a site-built permanent residence or home. In other words, the camper, motor home or RV has to be on the same lot as the house in order to stay year-round..
Third-party rentals are not allowed.
ATV’s, side-by-sides, etc. are not allowed on private property unless they have written permission from the owner of that property.
Speed limit is 15 miles per hour. Once again, there have been complaints of speeding by people in side-by-sides and ATVs, along with cars and trucks. Please tell your guests about the speed limit!
All vehicles, trailers, etc. stored on any lot must display a current license tag. In the past, the WHLOA has had a vehicle towed due to an expired tag, and the landowner had to pay the storage and towing fee in order to retrieve their vehicle.
The landowners that are in violation will be contacted by the board by letter in the near future.
The annual meeting was tentatively set for July 1st, 10 AM. Please note this is tentative.
The next board meeting was tentatively set for Feb 25th at 4 PM.
Ginny Dodd was recognized for her service. She is a current board member but will no longer be after the closing occurs with respect to the sale of her property. She and Fan Watson will be sorely missed.
The board would like to remind the landowners that one can view and download a copy of both the current R&C’s and the bylaws on the Weaver Hollow website, www.weaverhollow.org.
Respectfully Submitted,
Eva Gold
Treasurer, WHLOA
Addendum:
Jeannie Logan has accepted the position of VP
Leah Lynch has accepted the position of Secretary
Butch Johnson has accepted the position of two-year board member
Jon Lynch has agreed to be on the R & C revision committee