NOTICE TO MEMBERS OF THE ANNUAL MEETING OF THE GENERAL MEMBERSHIP

Transcription

1 (210) San N. Antonio, E. Office Loop Texas 410, Fax Suite (210) Homeowners Association, Inc. Texas Toll-Free (866) March 30, 2015 NOTICE TO MEMBERS OF THE ANNUAL MEETING OF THE GENERAL MEMBERSHIP Notice is hereby given that the annual general membership meeting of Silver Oaks Homeowners Association, Inc. will be held at the following date, time, and place: Date: April 9, 2015 Time: 6:30 P.M. Place: Kay Franklin Elementary School Cafeteria 9180 Silver Spot San Antonio, Texas In the event an initial quorum is not represented at 6:30 p.m., the meeting will be adjourned and reconvened at 6:32 p.m.; In the event that the required quorum is not represented at the first reconvened meeting, the meeting will be adjourned and reconvened at 6:34 p.m. Courtesy of the Social Committee The agenda will be: 1. Call to Order at 6:30 P.M. (registration will begin at 6:00 P.M.) a. In accordance with state statutes and the Association s Bylaws, at least one general membership meeting must be held once per year. This meeting was called to meet this requirement. 2. Determination of Quorum 3. Adoption of the Standing Rules 4. Proof of Notice March 30, Introduction of Board of Directors and Association Management 6. Appointment of Meeting Tellers a. Appointees who tabulate votes cannot be related to the candidate(s) or owner(s) to which the vote pertains 7. Approval of 2014 Annual Meeting Minutes May 6, Election of One Homeowner to the Board of Directors for a 1 year term

2 a. Nominees: Donald Long b. Nominations from the Floor c. Brief Remarks from the Nominees d. Ballot Voting Collection & Tabulation of Ballots by Meeting Tellers 9. Financial Summary: 2014 End of Year Report & 2015 Approved Budget 10. Committee Reports (if any) a. Possible action on splitting up committees with each having their own Chairperson or leaving as is with one Chairperson for all. Current committees are: Beautification Committee, Communications Committee, Safety Committee, Social Committee, Urban Wildlife Committee, and Welcome Committee b. Election of Chairperson(s) c. Safety Committee Discussion and possible action by vote on ornamental lighting or fencing for children at play safety around playground. 11. Election Results Meeting Tellers 12. New Business a. Q&A from the floor (as time permits) 13. Adjournment 8:00 P.M. All members must register prior to the start of the meeting. For your convenience, registration will start at 6:00 P.M. If you are unable to attend, please assign the enclosed proxy to help establish quorum and forward to the Association or assign to your neighbor so he/she may vote in accordance on all matters for you. Please note the Developer, Pulte Group, will not be attending these membership meetings. If you have questions for the developer, please submit them in writing to Greg Heaton before 9:00 A.M. April 6, 2015 so the developer can respond prior to the meeting. I look forward to seeing you at the meeting! For the Association, Association Administrator Enclosures

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4 Silver Oaks Homeowners Association PLEASE REVIEW THE STANDING RULES FOR THE ANNUAL MEETING The Board of Directors of Silver Oaks Homeowners Association feels it serves you best when the Annual Meeting is conducted in an orderly manner. The Association is a business with requirement to meet and elect a director(s) if any as determined by your governing documents. Your cooperation in this regard is requested. Parliamentary Procedure is followed at this Annual Meeting. Your opinion is important to the Board of Directors. The Board desires to hear from Members who have information concerning the Association. During the portion of the Meeting in which the Chair accepts questions or comments from the floor, please proceed in the following manner: 1. If you wish to speak, please stand when you have been recognized by the President of the Board. 2. Any Member wishing to address the membership shall speak no more than two (2) minutes. No Member may speak more than once on the subject and no more than two (2) minutes, until all members who wish to speak have done so. 3. Members of the audience shall not be permitted to interrupt nor question any speaker. 4. After the speaker has finished addressing the Board, the President will recognize the next Member to speak. 5. Members in the audience will not be permitted to engage in discussions between themselves that disrupt the Meeting. Private conversations between members in the audience are distracting to the Meeting. If you want or need to carry on a conversation with another, you are asked to move away from the meeting to carry on the conversation. 6. Violations of these Standing Rules will not be tolerated. Violators will be requested to leave the Meeting.

5 Minutes of the Annual Meeting of The General Membership of Silver Oaks Homeowners Association May 6, 2014 (unapproved) The annual meeting of the General Membership of Silver Oaks Homeowners Association, Inc., a Texas nonprofit corporation (the Association ) was held at the Mount Olive Lutheran Church, 3200 West Loop 1604 South, San Antonio, Texas, pursuant to call by the President of the Association. Directors Present: None Directors Absent: Annette Ontiveros. Two positions are currently vacant awaiting appointments by the Declarant. Also Present: Greg Heaton Association Administrator of Association Management Services and Mr. Mark Mann of Davey Tree Expert Company. Call to Order: The meeting was officially called to order at 6:35 p.m. The President asked the Association Administrator to chair tonight s meeting and be the Recording Secretary. In accordance with state statutes and the Association s Bylaws, at least one general membership meeting must be held once per year. This meeting was called to meet this requirement. Quorum: The Association s Bylaws Fourth Amendment require that 10% or greater of the total votes in the Association be present in person or by valid proxy. There are currently 1,544 lots within the Silver Oaks community. There were 20 homeowners (20 votes) and 80 Declarant-Builder (800 votes) lot owners represented either in person or by proxy. The quorum requirement was met and the meeting was properly constituted to conduct business. Guest Speaker: Mr. Heaton introduced Mr. Mann of Davey Tree Expert Company who spoke to the pros and cons of good shade trees. He spoke of many different ways to establish good health of trees in the community and focused on the dangers of Oak Wilt and the steps to help prevent the spread of this tree disease. He advised the Members on the proper ways of tree trimming and the use of paint to seal cuts of the trees. Adoption of the Standing Rules: Mr. Heaton referred to the Standing Rules in the meeting notice and asked the membership to adopt and adhere to these rules for this meeting to keep the meeting orderly and on track with the meeting agenda. Proof of Notice: Mr. Heaton advised that the notice of the meeting had been mailed to all members of the Association at their mailing address on the records of the Association on April 23, 2014 and two e-blasts were issued to all members that have signed up and Approved by the Membership mm/dd/yyyy DRAFT #2

6 Silver Oaks Homeowners Association, Inc. Annual Membership Meeting Minutes (unapproved) May 6, 2014 Page 2 of 4 registered their addresses on the community web site. All Members present verified receipt of the notification. Introduction and Opening Remarks: Mr. Heaton introduced the Board of Directors and himself as the Association s Administrator of Association Management Services. Mr. Heaton explained that during the development period the Declarant appoints the members to the Board of Directors and to the Architectural Control Authority (ACA). The Declarant has appointed Ms. Ontiveros as President who could not be present at tonight s meeting. Recently the two other Board members have resigned their positions at Pulte Group and the Declarant has not yet appointed their replacements. Approval of Minutes: The membership reviewed the meeting minutes from April 11, 2013 Annual Meeting. Mr. Heaton asked if anyone was present at last year s meeting and if the minutes presented were true and accurate. A motion was made and seconded to approve the meeting minutes as presented. Motion carried. Financial Report: Mr. Heaton presented the 2014 Approved Budget to the Membership discussing several line items including what the Association spent in There were a few questions from the floor. Utility Expenses a Member expressed his dislike of the streetlight next to his bedroom window and asked if it was possible to move it. Streetlights in the community are placed there by CPS-Energy and they use their guidelines for locations on the streets. Changing of location of a specific streetlight would have to be requested to CPS-Energy and they would advise of what procedure(s) would be necessary to move if possible. Delinquent Accounts Mr. Heaton responded to several questions regarding unpaid assessments and fees resulting in lost revenues, bad debt, and attorney fees. It is a growing issue and referred to the meeting handout regarding the Declarant s policy of not pursuing foreclosures on delinquent accounts. Committee Reports: Ms. Tracie Mullins, Chairperson for the Welcome, Social, and Safety Committees, presented a summary of activities accomplished and planned by the committees. She strongly emphasized that more Members need to volunteer and share the responsibilities of committee work as the number of active volunteers have dwindled to just a handful. More volunteers are needed to carry out these planned events; check the community web site for more information on future events. NEW BUSINESS: Submitted Developer Questions and Answers: Mr. Heaton pointed out to the meeting handout that included questions to the Developer/Declarant that were submitted prior to the meeting. Approved by the Membership mm/dd/yyyy DRAFT #2

7 Silver Oaks Homeowners Association, Inc. Annual Membership Meeting Minutes (unapproved) May 6, 2014 Page 3 of 4 Silver Oaks Amenities: A homeowner submitted a question to the Declarant/Developer asking if a pool or basketball court will be constructed in the Nature Park. The response was no; there are no plans by Pulte Group to expand any or create new amenities in Silver Oaks. The Nature Park that has the walking sidewalks and playground are the only planned amenities. Delinquent Accounts: A homeowner submitted a question of what the HOA is doing about the high delinquency rate of unpaid assessments. The response was the Declarant controlled HOA does not wish to own the property subject to a bank lien that is in default, possibly 2 nd lien in default, as well as possible tax arrears, and also taking on insurance coverage & premiums and maintenance responsibilities as an owner of residential property lots. Unless the HOA can determine that there is equity in the property above the debt and property tax arrears, the HOA does not want to own any residential property lots. The HOA will file a lien on the property for current and future assessments and hope for a refinance or sale that might pay off this debt. Wild animals in the community: Several homeowners submitted the same question, will the HOA address the wild animals in the subdivision. The response was the purpose of the Association is to enforce the covenants and preserve property values. Association resources are limited, and the Board has to make careful choices on which expenditures the Association will incur. Wile feral hogs have been and can be destructive, there are various other options through governmental offices and other organizations that exist to deal with them and that would not require the use of Association dues. The covenants clearly state that the Association is not a provider of security, and that each person in the Subdivision assumes the risks of hazards from outside sources (see Section 12.1 of the recorded Declaration of Covenants, Conditions, and Restrictions). The Board has confirmed with the Association s legal counsel that the Association is not responsible for eradicating wild animals from the community. However, the Board is willing to consider viable solutions to any wild animal problem in the community and has created an Urban Wildlife Committee which needs volunteers. The purpose of this committee is to address concerns with dangerous wildlife in the community and present viable solutions to the Board of Directors for consideration. Open Forum for Questions and Answers: Several issues and community concerns were voiced by a number of Members including but not limited to fence maintenance and repairs, crime in the community, solicitors in the community, and barking dogs. Fence Repairs: Mr. Heaton reported that Phase II and III of fence repairs along Silver Pointe will begin in June. Fence repairs along Galm Road (Phase IV and V) will be dependant on funds left and the number of delinquent accounts of unpaid assessments in the next quarter. Solicitation: A Member expressed his dislike with the number of solicitors going door to door in the community and asked if No Soliciting signs could be erected at the entrances Approved by the Membership mm/dd/yyyy DRAFT #2

8 Silver Oaks Homeowners Association, Inc. Annual Membership Meeting Minutes (unapproved) May 6, 2014 Page 4 of 4 to the subdivision. Mr. Heaton responded that he would contact the county to see if they could install such a sign but did not know if they even do this type of sign or not and no guarantees since he could not speak for the county. His reason why the county may not erect such signs is enforcement; that would be enforcing such rules on public streets. Burglars: A Member addressed the Members to report her experiences with a home break-in that happened last month in April. Also an individual allegedly being a representative of ADT Security wanting access and entry to her home and found that no such person works or is working in this community. Mr. Heaton asked the Member to write up her experience so he could publish an e-blast to warn the residents. Barking Dogs: Several Members complained about barking dogs in the community. Mr. Heaton explained that since Silver Oaks is outside the city limits there are no county ordinances regarding pet nuisances such as number of pets per lot, lease law, or barking dogs. These types of nuisances are considered neighbor to neighbor disputes and has to be dealt with individual cases either thru litigation or Bexar County Dispute Resolution Center. Mr. Heaton did offer that the Association can send a courtesy letter to the nuisance pet owner asking them to be courteous to the neighbors by not allowing their pet to become a nuisance to others in the community. That would be limit the Association could do in these cases. Mr. Heaton thanked the members of the committees for providing refreshments (pizza and bottled water) for this evening s membership meeting. Adjournment: With meeting time exhausted at the church venue, a motion was made and seconded and the meeting was adjourned at 8:05 p.m. Annette Ontiveros, President Greg Heaton, Recording Secretary Approved by the Membership mm/dd/yyyy DRAFT #2

9 SILVER OAKS HOMEOWNERS ASSOCIATION MANAGEMENT RESPONSIBILITIES ADMINISTRATIVE 1. Maintain a current register of all lots and owners. Prepare and mail new homeowner packets containing bylaws, welcome letter and brief synopsis of covenants. 2. Prepare and send assessment statements to all lot owners. 3. Receive, record and deposit all revenues received by the Association. 4. Monitor delinquent accounts and as prescribed, send appropriate notices and file liens with attorney, when necessary. 5. Maintain all checking and saving accounts. 6. Verify all statements for services rendered and/or materials received. Prepare accounts payable checks for signatures. Promptly mail payments to vendors, suppliers or contractors. 7. Establish and maintain check request forms. 8. Transact all matters pertaining to insurance claims, premium payments and ensure association coverage is current. 9. Perform all bookkeeping functions for the association, using a modified accrual basis and coordinate with the CPA office, as required, for delegated accounting functions and for annual financial/tax purposes. Pay all taxes incurred by the Association. 10. Coordinate with Board to ensure accuracy of the releases as they pertain to association and Board activities. 11. Attend four Board meetings. 12. Attend one annual meeting. 13. Coordinate with Board Secretary in the preparation of minutes and agenda; distribute to all directors prior to the regular meeting; review monthly financial statements and send copies to the directors. 14. Provide financial data to committee chairpersons preparing annual budgets; coordinate with them, if requested. 15. Provide the Treasurer with all financial reports on a monthly basis. 16. Prepare monthly and annual financial statements. 17. Obtain bids and contract for services in support of the current operations and maintenance of the association properties. 18. Ensure all contractors provide a certificate of insurance prior to commencing work.

10 Silver Oaks Homeowners Association Management Responsibilities Page 2 OFFICE OPERATION 1. Maintain established office hours 8:00 a.m. to 5:30 p.m., Monday through Friday, with 24 hour answering service for emergency calls. 2. Respond to all telephone calls within 48 hours. 3. Handle all incoming and outgoing mail. 4. Safeguard association records, materials and supplies. 5. Maintain master file of all Declarations and Plats. 6. Initiate or respond to correspondence pertaining to the administrative affairs of the Association. 7. Provide information to mortgage companies, real estate and title company representatives regarding the homeowners association. 8. Contact the President on any matters/problems beyond the scope of administrative affairs of the association. RESTRICTION ENFORCEMENT 1. Tour the subdivision 22 times per year (twice a month except holiday months of November and December). 2. Respond to homeowner complaints of violations by visually confirming the alleged violations, report to Architectural Control Committee. 3. Initiate and prepare correspondence to violators and prescribe a time period for compliance. 4. Follow-up on violator and, if warranted, send a second notice, prescribing a time period for compliance. 5. If a violation persists, refer to the Board for further action-coordinate WITH ATTORNEY.

11 1600 N.E. Loop 410, Suite #202 San Antonio, Texas Dear Homeowner, The following information has been prepared to assist you before attending the annual meeting. Why a Board of Directors?: The Board of Directors are representatives who are elected by the community. The recorded owner of each home/lot has one vote. It is the Board's responsibility to supervise the properties of the Association, develop and approve budgets and make decisions that affect the community and the Association. Each director represents all of the Association. Who Should be Elected?: Any member of the Silver Oaks HOA may serve as a Director. They should be people who have the interest and have time to serve the community, and are knowledgeable of the association s rules and governing policies. There is no compensation for undertaking this difficult task except the gratitude of the community. Who Elects the President and Other Officers?: The Board of Directors appoints the officers of the Association. The appointment of officers is usually made at the first Board of Directors meeting, held within 10 days after election. How Do I Vote and How are Ballots Counted?: Please see the enclosed Voting Instructions. How Many Votes Does Each Homeowner Have?: Each recorded home/lot owner has only one vote for each lot owned. Developers and/or Builders may have more than one vote per lot based on the definitions in the governing documents. Committee Reports: Chairman of the Committee may present their reports in writing or verbally at the general membership meeting. Can Other Business be Brought up on Election Night?: Yes, after the election of Directors and other items on the agenda are discussed, the Chair will open the floor to New Business and will recognize individuals from the floor who have questions. Only business of the Association that is of general interest to the membership will be discussed, pending the availability of time. I Won't Be Here...Can I Vote?: Yes, please see the enclosed Voting Instructions. We strongly recommend that in the event you are unable to attend this meeting that you exercise your right to vote by directed proxy. In order to call the meeting to order, a quorum must be present. Your proxy counts; for voting and establishing the quorum.

12 SILVER Oaks Homeowners Association, Inc N.E. Loop 410, Suite #202 San Antonio, Texas (210) Office Fax (210) Texas Toll-Free (866) Name: Address: Home Family: REQUEST for f NOMINATIONS Board of Directors Employment: Phone: Work Phone: Candidate Profile Form Brief Other Job Background Description: Previous Association Involvement: Information: Do knowledge Homeowner experience Parliamentary you have or in any Other Civic, Procedures? explain) Special Professional, (if yes, Association (Your Committee Involvement: Platform): or Issues Group (If additional space is required please use the back of this form) I responsibilities Signed: acknowledge that as described if elected in i to n the serve By-Laws on the Board of the Association. of Directors Date: I (see will accept back page) those Please return Attn: form 1600 to: Greg San N.E. Silver Heaton Antonio, Loop Oaks (Greg@ams-sa.com) ( 410, TX HOA Suite 202 Rev:

13 management, The the Board operation of but Directors of the the Board association. has remains control ROLE The of fully the Board responsible OF Association THE may BOARD delegate for property all actions its and functions and is legally functions to committees responsible relating or for government, association, community and a business, association for the fulfillment and combines a community of the characteristics Association s and the Board obligations, (without has responsibilities the needs legal and power) in expectations. all of three a local areas: the A It To is the protect, Policy-making preserve, body and enhance well responsible being the owners. of value for the maintenance, association. of the assets administration, of the association and financial and its The Community role of the Building Board body responsible life for the fostering community and developing the desirability of RESPONSIBILITIES is leadership. & The DUTIES Managing OF THE Agent s BOARD role is management. Loyalty Exercise to association fellow care in board all and matters members owners with Each Board member has a Must duty act to the in the Board best and interest to the community. of the community The Board should speak decision during approved one voice. and the course support rejected, Each of it, Board a even board each member if Board meeting. the member has However, the voted right, has against a and once duty perhaps a the Board a duty action. the vote of obligation, loyalty Public is taken dissention to to and accept voice an action dissent among the board MUST members ACT diminishes IN ACCORDANCE respect WITH for the THE Board GOVERNING and confidence DOCUMENTS in the Board s AND THE ability LAW to act. The word may in the governing SCOPE OF documents AUTHORITY empowers the board. The documents Generally, The required word the shall to board do, provide obligates the does board that not the the and have board even to may the act. individual promulgate If the board rules fails members and to perform guidelines have power this to authority. amend the Declaration may only be the liable. acts members it is Adopt policies Adopt policies for the SET orderly POLICY operation of the association. Develop for short the maintenance, and long term facilities. use business and enjoyment plans for of the the association. common areas and Board Decisions members the are honest to are be belief legally made the by PERSONAL the Directors LIABILITY governing obligated decision documents is perform in the on best and an the informed State interests required Law. basis, of functions the in association. good faith, stated and in the in Rev:

14 SILVER OAKS HOA - QUESTIONNAIRE Annual Membership Meeting - Declarant/Developer Questions & Answers April 9, 2015 The Declarant appointed Board of Directors of Pulte Group are not required and will not be attending these membership meetings. If you have a question for the Declarant/Developer, please use this form to submit your question(s) in writing for response. Please provide your contact information below to relay the response to you. (No responses will be made to anonymous questionnaires) Your Name: (Please print clearly) Your Address: (For USPS Mail Response) Your (For Response) Your Question(s) for the Declarant/Developer: (Your Signature) (Date)

15 Homeowners Association 1600 N.E. Loop 410, Suite #202 San Antonio, Texas Office (210) * Fax (210) VOTING INSTRUCTIONS Effective September 1, 2011, the Texas Property Code was amended by the Texas Legislature to provide that voting rights of owners in property owners associations may be cast or given: (1) in person or by proxy at a meeting of the property owners association (2) by electronic ballot; or, (3) by absentee ballot To vote in person, please arrive at the meeting for registration prior to the meeting. To vote by proxy, please fill out and sign the attached Directed Proxy form, and give it to the person you name to act as your proxy or return it to the Association at the address listed on the form or place in the special proxy mailbox at the community entrance bulletin board. To vote electronically or by absentee ballot, please contact the Association at the address listed above and request a ballot. However, by casting your vote via electronic or absentee ballot you will forgo the opportunity to consider and vote on any action from the floor on these proposals if a meeting is held. This means that if there are amendments to these proposals your votes will not be counted on the final vote on these measures. If you desire to retain this ability, please attend any meeting in person. You may submit an electronic or absentee ballot and later choose to attend any meeting in person, in which case any in-person vote will prevail.

16 Several Ways to Return Your Proxy: By USPS mail to address on Proxy By fax ( ) By PLEASE PLEASE RETURN YOUR PROXY

17 Homeowners Association 1600 N.E. Loop 410, Suite 202 San Antonio, Texas (210) Office * (210) Fax * (866) TX Toll Free DIRECTED PROXY The undersigned, a member of Silver Oaks Homeowners Association, Inc. hereby appoints the Board Secretary or to act as proxy for the undersigned, at the meeting of the members of the Association to be held on April 9, 2015 at 6:30 P.M. at the Kay Franklin elementary School Cafeteria, 9180 Silver Spot, San Antonio, Texas and any reconvening of such meeting. The proxy is also for the purpose of establishing a quorum for the meeting. To be valid, the proxy must be fully completed and signed. This proxy shall be revocable until such time as this authority granted hereby is exercised. I hereby direct my proxy to vote as follows according to the number of votes that the undersigned would be entitled to vote if then present: Board of Directors: There will be one (1) position on the Board and you may vote for one (1) individual by checking the box to the left of his/her name. Voting for more than one (1) individual will be disallowed. Donald Long - Homeowner (Write-In) My proxy holder may NOT cast my vote for any other issues that arise at such meeting. THE FOLLOWING INFORMATION IS REQUIRED. FAILURE TO COMPLETE THE INFORMATION BELOW AND SIGN THE PROXY WILL RENDER IT INVALID. Signature: Name Printed: (Required) (Required) Property Address: Date: OR Lot Number (Required) (Required) (Please mail this signed Proxy to the Association at the address above) >> There is no need to return this Proxy if you plan to attend the Meeting in person <<

18 SILVER OAKS HOMEOWNERS ASSOCIATION 1600 N.E. Loop 410, Suite 202 San Antonio, Texas **ANNUAL MEMBERSHIP MEETING NOTICE** April 9, 2015 AT 6:30 P.M. AT KAY FRANKLIN ELEMENTARY SCHOOL

19 Social, Welcome, and Safety Committees IMPORTANT DATES: Easter in the Park March 21 Mystery in the Park Party July 4 National Night out October 6 Annual Meeting April 9, 2015 Committee MEETING Dates: April 21, 2015 July 14, 2015 October 13, :30PM Kay Franklin Elementary Easter in the Park & Breakfast with the Bunny Join us at the Silver Oaks Community Park to eat breakfast, take pictures, hunt eggs, enter a baking contest, and meet the Easter Bunny. Spaces will be limited for the Breakfast with the Bunny so get your tickets quickly. $3 Tickets will be sold on March 19th at the park at 6:30PM. Breakfast is at 9:00AM on March 21, FREE EASTER EGG HUNT Then at 12:00PM children ages 0-2 will hunt eggs. Then at 12:30PM children ages 3-5 will hunt eggs. Then at 1:00PM children ages 6-10 will hunt eggs. Then at 1:30PM children ages 11+ will hunt eggs. Join the BAKING CONTEST! Winners will get a gift certificate! Entries must be turned in by11:00am. The Annual HOA Meeting April 9, :30PM at Kay Franklin Elementary All HOA members need to attend the annual meeting. We will be voting in a new board member and committee chairmen to serve our community. The Social & Welcome Committee will be providing refreshments. For the most up to date information on all event at