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Show PLANTING TIMES POA BOARD TWO YEAR TERM CHALLENGED Recently, the legitimacy of the two year POA board position was challenged by Theresa Carey and Merrill Brady. Since 1981, the POA Board candidate who got the most votes at the Annual POA Meeting has been elected to a two year term. History: Where did this two year term come from? Research indicates that the two-year term began in 1981. According to Ron Drake’s article in the Times—Independent regarding the 1981 Annual Meeting, “The staggering of the directors terms was passed unanimous— ly. One two—year director and four one— year directors will be chosen, thus assuring that a director will be carried over from the previous administration.” Ken Devore became the first POA member to hold the two year position. Members have voted the two year term for the past 14 years. Instructions regarding the two year term have been included on the mailed ballots since 1982. Clearly the person receiving the most votes and, thereby, the two year term, has been voted into this position by members at the annual meetings. Current practice: Joan Sangree (POA Chair) received the most votes in the Oct 93 POA election and is serving the second year of her two year term. Rebecca Martin received the highest number of votes in 1994 and is serving the first year of her two year term. Legalities: The original POA By— Laws state: “the Directors shall be elected annually by the members of the Association at the annual meeting for a term of one (1) year and shall serve until their successors are elected and have qualified.” After 14 years as accepted practice, it’s hard to track down the details of the change made in 1981. Individuals remember voting for the change at the ‘81 annual meeting, and Ron Drake’s article in the Times— Independent indicates a unanimous vote by the property owners at the ‘ 81 meeting. As the practice is 14 years old, the members coud be asked if they are still in favor of having the POA board candidate receiving the most votes serve a 2 yr term. Since there are several By- Law changes proposed for consideration by the property owners at the annual meeting this coming Oct, the 2 yr term could easily be voted on again. Jack Campbell POA FENCE ENCROACHMENT POLICY AMENDMENT All owners of property affected by the Fence Encroachment Policy will be requested to sign an agreement with the POA Board. This Agreement will acknowledge the fence encroachment and state the owners’ understanding and consent to abide by the Fence Encroachment Policy if and when that should become necessary. - MARCH 15,1995 - POA NOTES Feb 7 Business Meeting. All Directors present. --The Board voted unanimously to obtain liability insurance and to fund one-half the cost of the second dwelling Survey. «The Board discussed an amendment to the Fence Encroachment Policy, based on “public need,” and the January letter from Theresa Carey questioning the legality of various Board activites both past and present. Both of. these items The Agreement will “run with the land” and be recorded in the office of the were referred to the POA attorney. Grand Cormty Recorder. Basically, lot owners will agree to move encroaching fences and other impediments if and when a Public Need section of the tape of the November arises. For purposes of the Policy, “Public Need” will be deemed adequately established by a written request to the POA Board from: 1. The Fire Department 2. The Road Committee 3. The Grand County Public School Bus System; or by 4. A use of the road easement pursuant to Section 9 of the Covenants and Restrictions applicable to the Castle Valley River Ranchos; provided, however, that any proposed public use pursuant to Section 9 must first be approved by the POA Board of Directors. In addition, a Public Need may be approved and established by the property owners as follows, 5. Any other use deemed a “public 9 --The Board listened to the disputed meeting minutes discussing the Fence Encroach-ment Policy. The Board chose to amend the minutes at the March meeting to substitute the phrase “the third paragrag ”, instead of the word “it”, to reflect what George was actually referring to. March lst Meeting. All present. --A letter from Bill Riggs was read regarding his “resignation” from the POA. Joan reported that the Board has no information that a person or group of people can resign or end their membership in the POA. A formal letter will be sent to Bill. --The November ‘ 94 minutes were approved with the change from “it” to “the third paragraph.” -- An amendment to the Fence Encroachment Policy was approved. «The proposed agreement that effected property owners would sign was tabled until the April meeting. need” by the property owners of the -- George read the letter from Laura Castle Valley River Ranchos, provided Houck regarding her willingness to give however, that any such proposed public more of her lot to the platted cul—de—sac on lower Homestead lane in exchange need or use must first be approved by a majority vote at a duly called annual or special meeting of the property owners with advance notice and ballot providing the nature and extent of the proposed public need or use. When a public need is established pursuant to Nos. 1-4 or determined under N0. 5 above, the Fence Encroachment Policy will be activated by the POA Board sending affected lot owners a letter of notification, for waiving her delinquent dues. describing the work, if any, that needs Moving the cul-de-sac onto Laura’s property would relieve the Rains of having to move their fence in the event the culde-sac was deemed necessary. ——The Board voted to hold their public comment time during the first 20 minutes of the meeting and to open the meetings to public comment limited to 1 minute per person. -—Lisa Katz was hired as the new POA bookkeeper. to be done, the anticipated commencement date for the work, and a deadline by which encroaching fence «The rest of the agenda items were tabled until the April meeting where they will appear under Old Business. lines and other impediments must be moved. The proposed work, if any is needed, must be scheduled within 30 days of the removal of the fence by the owner. —Passed by the Board 3/1/95 Joan Sangree, POA Chair |