October 16, 2024 Meeting Minutes

Meeting Minutes

Mallard Green Homeowners Association  

Board Members: Christopher Gaddy, Vera Lawson, Aaron Hollis

Agenda for October 16, 2024, 6:00PM, at Chapel Rock Christian Church 

1. Call to Order
2. Call to order for the Mallard Green HOA at 6:05 PM on October 16, 2024 
3. 24 members present in person and 8 proxies recorded
4. Opening statement by the HOA Board
5. Approval of Minutes from the previous meeting on June 19, 2024 
6.  Summary of Meeting Minues from June 19, 2024
7. As there was no board for this meeting, Mr. Jarrod Moschner voted as chairman of the meeting. 
8. Vote tallied as follows: 
9. Chris – 9 
10. Jarrod – 8 
11. Vera/Aaron – 3 
12. Sarah/Jenni – 2 
13. Gary – 1 
14. Chris was appointed as the President of the Board of Directors, with Jarrod and Vera appointed to the board (their positions were TBA at the next meeting). 
15. Follow up – July 18, 2024, the Board learned that Mr. Moschner was not eligible to serve on the Board and was replaced by Mr. Aaron Hollis. 
16. President: Christopher Gaddy 
17. Vice President: Vera Lawson
18. Secretary: Aaron Hollis
19. Minutes approved through a motion, second, and verbal vote.
20. Open Issues 
21. An update on increase of owners now current in dues, how many are still left 
22. Discussion of proposed changes to the CCRs (Covenants, Conditions and Restrictions) 
    1. 1.02 Would allow for repair of existing structures without approval of HOA Architecture Review Committee
    1. 1.11 Would allow for people to work from home as long as any business activities in the household don’t cause excessive traffic in the neighborhood
    1. 1.12 Would allow for hanging clothes on an approved clothesline on weekends as long as the clothes are not visible from the road
    1. 1.13 Would more comprehensively define parking within the HOA, including allowing for parking of vehicles in driveways as long as they don’t block the sidewalks and parking along the street for limited times as long as the flow of traffic is not impeded.
    1. 1.14 Would clarify the length of time for garbage bins to be placed near the road before and after trash pickup time
       1. 1.14 was amended during the meeting to allow for garbage bins to be visible from the road as long as they are alongside the house of the owner.
    1. 1.16 Would define the permitted height of grass at 3.5 inches, which is on the higher end of the national average of HOAs.
    1. 1.20 Would allow storage of propane tanks for gas grills or heaters in an above ground structure like a garage.
    1. 2.02 Would define the drainage easement areas of the neighborhood in more obivous language.
    1. 4.01 Would clarify that the Board would act as the Architectural Control Committee in the case that a standing committee was not in place.
       1. 4.01 was amended during the meeting to remove mention of the Developer since they are no longer relevant to the HOA
23. Voting on proposed CCRs (see below) 
24. Proxy Vote Counts as of 10/16/2024 

• Not 50% of homeowners present, so vote for updating CCRs could not happen

1. New Business 
2. Board led discussion 
3. Financial Update
4. Open floor discussion
5. Architectural control committee
   1. Board can appoint a committee or act as the committee themselves
6. Open HOA Board Meetings
   1. Announcements of board meetings on website, mailers, and emails
7. Question about the correct HOA Website
   1. MallardGreenHOA.com
8. Question about the treasurer of the HOA
   1. The bylaws allow the secretary to serve as the treasurer
   1. Crestwood Property Management currently manages the bank account that stores the HOA funds and is the only entity able to sign checks from that bank account
9. Question of who sent a letter to a homeowner about a trailer parked in a driveway
   1. Crestwood Property Management has a driver that visits neighborhoods and that driver noted the trailer
   1. This practice of patrolling the neighborhood is not wanted by the HOA Board and was not appreciated by the attendees of the meeting
10. Adjournment 
11. Adjourned meeting at: 8:00pm 
12. Minutes submitted by: Aaron Hollis
13. Minutes approved by: Christopher Gaddy, Aaron Hollis, Vera Lawson 

  Current Covenants, Conditions and Restrictions, and Proposed Changes (No changes were made) 

Article 1 – Use Restrictions:   

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1.02 Presently States:  

“No residence, building, shed, fence, flagpole, mailbox, light pole or fixture, swimming pool, tennis court, pavement, driveway, awning, wall or structure of any kind shall be erected, placed or altered on any Building Lot without first obtaining the written consent of the Architectural Control Committee subsequently described herein. All requests for written approvals from the Architectural Control Committee shall be in writing, shall be dated, shall specifically request approval of the contemplated improvement(s) and shall be accompanied by detailed plans and specifications for the proposed improvements showing, where applicable, the size, location, type, architectural design, spacing, quality, use, construction materials, color scheme, grading plan and finish grade elevation for said improvements.”  

1.02 is hereby deleted, and replaced with the following language:  

“No residence, building, shed, fence, flagpole, mailbox, light pole or fixture, swimming pool, tennis court, pavement, driveway, awning, wall or structure of any kind shall be erected or placed on any Building Lot, that has not already been constructed, and within the guidelines of the Association, without first obtaining the written consent of the Architectural Control Committee subsequently described herein. All requests for written approvals from the Architectural Control Committee shall be in writing, shall be dated, shall specifically request approval of the contemplated improvement(s) and shall be accompanied by detailed plans and specifications for the proposed improvements showing, where applicable, the size, location, type, architectural design, spacing, quality, use, construction materials, color scheme, grading plan and finish grade elevation for said improvements. Specifically, this permits the repair of any residence, building, shed, fence, flagpole, mailbox, light pole or fixture, swimming pool, pavement, driveway, awning, wall or structure of any kind without permission from the Architectural Control Committee or the Board of Directors.  

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1.11 Presently States:  

“No business activities of any kind shall be conducted on any Building Lot or open space in the Subdivision without the approval of the Homeowners’ Association; provided, however, that the foregoing shall not apply to the business activities of Developer or the construction, sale or maintenance of Building Lots and residences by authorized builders or by Developer, its agents or assigns, during the construction and sales period.”  

1.11 is hereby deleted, and replaced with the following language:  

“No business activities of any kind shall be conducted on any Building Lot or open space in the Subdivision without the approval of the Homeowners’ Association; provided, however, that the foregoing shall not apply to the business activities of Developer or the construction, sale or maintenance of Building Lots and residences by authorized builders or by Developer, its agents or assigns, during the construction and sales period. Further, any business activities as a result of the Building Lot Owners’ working remotely shall be permitted, along with any business activities that do not result in foot or vehicle traffic within the community outside of normal traffic.”  

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1.12 Presently States:  

“No clothesline shall be located on any Building Lot except one removable, folding, umbrella-like clothesline. Folding umbrella-like clothesline shall be permitted in the rear patio area only, No laundry articles shall be left outdoors overnight or any time on Saturdays or Sundays.”  

1.12 is hereby deleted, and replaced with the following language:  

“No clothesline shall be located on any Building Lot except one removable, folding, umbrella-like clothesline. Folding umbrella-like clothesline shall be permitted in the rear patio area only, No laundry articles shall be left outdoors overnight or any time on Saturdays or Sundays, unless they are entirely unable to be seen by neighbors, foot or vehicle traffic within the community outside of normal traffic.”  

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1.13 Presently States:  

“No buses, campers, motor homes, trailers, boats, or other similar recreational vehicles shall be stored on any Building Lot unless housed within a garage building. All automobiles, trucks, motorcycles, vans, jet skis, snowmobiles or other such vehicles shall be housed within a garage building. No inoperable vehicles shall be stored on any Building Lot.”  

 1.13 is hereby deleted, and replaced with the following language:  

“Parking, vehicle, and object placement:  

To assist with public safety, and for the betterment of the entire community, there shall be no (normal sized) vehicle or object of any kind permitted to be parked, placed, or otherwise stored, on a public street within the community in which directly prevents – and/or significantly hinders – direct easy access or throughput travel within the Community. The term “normal sized” vehicle includes, but is not limited to, EMT Vehicles, Ambulances, Fire Trucks, Government Vehicles, and Police Vehicles. No vehicle of any kind shall be permitted to impede access to an authorized USPS Postal Box for more than one (1) hour.  

Further:  

(a):               No buses, campers, motor homes, trailers, boats, jet skis, snowmobiles, or other similar recreational vehicles shall be stored on any Building Lot unless housed within a garage, other permitted storage building, or within a fenced backyard;  

(b):               No automobiles, trucks, motorcycles, buses, campers, motor homes, trailers, boats, other similar recreational vehicles, or any other object of any kind may be permitted to be parked in a driveway in a way that impedes, infringes on, or prevents public use of a sidewalk for more than twelve (12) consecutive hours at a time;  

(c):               Inoperable automobiles, trucks, motorcycles, buses, campers, motor homes, boats shall be permitted to be parked and/or stored in a driveway on a Building Lot or in the street for no more than seven (7) days;  

(d):               Motor homes and campers may be permitted to be parked in a driveway for up to seven (7) consecutive days, as long as they are operable, and do not violate subsection 1.13(b);  

(d)                 Storage pods and/or moving vehicles and/or removable commercial dumpsters shall be permitted to be parked in a driveway and/or front yard for up to seven (7) consecutive days;  

(e)                 The Board of Directors has the right to grant any party to whom has voting rights an extension of these timelines with a Request being formally put before them, and may be granted with only a majority vote of the Board of Directors, and shall be a matter of action, upon request, at the next Meeting;  

(f)                  After seven (7) days notice to the Building Lot owner, a fine of up to, and including fifty dollars ($50.00) per week, along with any and all fees, fines, attorneys fees, and court costs, incurred for towing and/or rectifying the violation may be assessed for violation of this rule to the Building Lot owner.”  

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1.14 Presently States:  

“No exterior portion of any Building Lot shall be used as a dumping ground or storage area for rubbish, machinery, scrap, paper, glass or other such materials.  Garbage or other waste shall be kept in trash containers. All containers used for the storage or disposal of trash or recyclable materials shall be kept in a clean and sanitary condition and screened from public view. Building materials to be used in the construction of approved structures may be stored on a Building Lot, provided such building materials are incorporated into the approved improvement within ninety (90) days after their delivery to such Building Lot.”  

1.14 is hereby deleted, and replaced with the following language:  

“Not withstanding 1.13(d), no exterior portion of any Building Lot shall be used as a dumping ground or storage area for rubbish, machinery, scrap, paper, glass or other such materials.  Garbage or other waste shall be kept in trash containers. All containers used for the storage or disposal of trash or recyclable materials shall be kept in a clean and sanitary condition and stored neatly alongside the house other than during the twenty-four (24) hour period before and after pickup date. No trash container should be left in the street for more than twelve (12) hours; All containers stored outside beyond the evening before and day of pickup date, must be secured in such a way that prevents wildlife gaining access to it.  

Building materials to be used in the construction or repair of approved structures may be stored on a Building Lot, provided such building materials are incorporated into the approved improvement within ninety (90) days after their delivery to such Building Lot.”  

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1.16 Presently States:  

“No weeds, underbrush or unsightly growths or objects of any kind shall be permitted to remain on any Building Lot within the Subdivision. All lawn areas shall be maintained in a neat and orderly manner and shall be mowed on a regular basis. The Homeowners’ Association may regulate and control the maintenance of lawn areas by publishing rules and regulations as it deems necessary from time to time.”  

1.16 is hereby deleted, and replaced with the following language:  

“No weeds, underbrush or unsightly growths or objects of any kind shall be permitted to remain on any Building Lot within the Subdivision. All lawn areas shall be maintained in a neat and orderly manner and shall be mowed on a regular basis and not to be kept above three and one-half (3.5”) inches of height. The Homeowners’ Association may regulate and control the maintenance of lawn areas by publishing rules and regulations as it deems necessary from time to time.”  

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1.20 Presently States:  

“All tanks for the storage of propane gas, fuel or oil shall be located beneath ground level, except that propane tanks for service to the entire Subdivision or, on a temporary basis, for construction of an approved structure may be located above ground.”  

1.20 is hereby deleted, and replaced with the following language:  

“All tanks for the storage of propane gas, fuel or oil shall be located beneath ground level, except that propane tanks for service to the entire Subdivision, on a temporary basis, for construction of an approved structure, or standard sized propane tanks for use in outdoor accessories, such as grills or heaters, may be located above ground.”  

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2.02 Presently States:  

“No boating, fishing, swimming, ice skating or other recreational activity shall be conducted in, on or above said drainage easement areas.”  

2.02 is hereby deleted, and replaced with the following language:  

“No boating, fishing, swimming, ice skating or other recreational activity shall be conducted in, on, around, or above said drainage easement areas which includes, but is not limited to, any and all ponds, rivers, or creeks within the community.”  

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4.01 Presently States:  

“The Committee shall be composed of three (3) members. The Developer shall appoint each of the three (3) initial members of the Committee.”  

4.01 is hereby deleted, and replaced with the following language: 

“The Architectural Control Committee shall be composed of three (3) members. Should there not be a separate Architectural Control Committee voted for and appointed, then the current Board of Directors shall act in full capacity and with all authority and powers of the Architectural Control Committee.”