Minutes 9-7-22

MINUTES for regular meeting 9-7-22 at Limestone Library Presiding: Tim Hauert, President. Attending: Jeff Souligne, Colleen Wepprecht, Randy Mann, Treasurer; Christy Strole, Secretary; Claudia Berwanger Homeowners: None Minutes of 8-3-22 approval: Colleen moved we approve the minutes. Randy seconded, motion carried. Treasurer’s report approval: Christy moved we approve the treasurer’s report. Colleen seconded, motion carried. Public Comments: None Old Business: Christy and Tim went to see attormey Greg Deck August 9th. Christy sent Greg the covenants and bylaws before the meeting. Greg said our documents need to be updated. They don’t explain how our dues are assessed; by square foot? By lot? It would cost about $5000 and use a lot of volunteer time to bring them up to date and cean them up. I told him we only have $4000. At tonight’s meeting we did not decide to go ahead with his recommendation to update our documents. ComEd’s sample energy statement, update by Christy and Tim: Greg looked at our draft of the energy policy and said one of the references was out of date. He would tweak it for us for about $1000. He said we had to take out the parts that imposed new restrictions on what homeowners can do (regarding rain barrels and composting) because the board does not have the authority to impose new covenants. The homeowners would have to vote to approve those changes. But without the new restrictions, the document he writes will have little effect on what homeowners can do regarding solar. State laws restrict HOAs from controlling solar panel placement unless efficiency is reduced less than 10%. Homeowners could still put panels on the ground or on the front of their houses. We would still have no control over that. We decided to tell Greg Deck not to write up the new policy. It’s not worth $1000. Christy will email Greg Deck. Modular home to be set on Fox Run Drive Lot 11, update by Christy and Tim: Greg Deck said we cannot legally approve the modular home because of our covenant that prohibits a structure from being moved off a truck onto a lot. I asked him if it wouldn’t count as a structure because it’s in parts; he said we could not win an argument based on that. We have previously denied homeowners who wanted to buy prefab sheds and put them on concrete slabs, based on this covenant. We said it had to be stick built. Greg agreed that if we don’t enforce a covenant, we lose it. So if we allowed a modular home despite this covenant, and someone wanted to put up a manufactured home, we’d have no way to stop them. Some homeowners might be angry at what will look like a violation of a covenant when this house is erected in a day. The modular home from Rochester Homes is not like a mobile or manufactured home. It’s like a prefab home where instead of the walls being assembled in a factory, modules of multiple walls are assembled in a factory. Our covenants haven’t kept up with the technology. None of us opposes the modular home. Greg suggested he write us a rule clarifying the covenant. We would first need to get him legally tight language explaining the difference between a modular home, a manufactured home and a mobile home that explains why we approve modular but not manufactured or mobile. Once we get that technical definition (maybe from a Modular Home Association? Maybe from Rochester Homes?) he could write a legally defensible explanation of why we’re approving the modular home despite the covenant. This, too, will cost us $1000. Greg says we can’t bill the prospective homeowner for the cost of explaining our interpretation of the covenant. So for now, Tim will look for language from Rochester Homes. Colleen will informally ask a lawyer friend of hers for another opinion. We will not authorize Greg Deck to write an explanation at this point. Rip rap alternatives for Jason & Shelley Fritz: update by Tim: Tim talked to Dusty Redman, who said he’s still in touch with the county on this issue but neither the county nor the township has money to solve this problem. He’s buying a spray attachment for his truck so he can spray for weeds from the truck, and he would spray that rip rap so the homeowners don’t have to as much. That’s the best he can do on his budget. He still says he’ll fix the tilted yield sign on Valley View drive. Cohort building efforts re IDOT meeting; update by Christy: Two other subdivisions indicated interest in asking for a turn lane but did not survey their homeowners and send us data. Christy asked our homeowners their opinion in the most recent email and got about 20 responses. 19 were positive, one worried that trucks would use the third lane as a passing lane. Larry Hinton said IDOT knows whether or not it’s feasible; we should ask them if it’s possible. Tim has a phone number for IDOT but the guy there says he doesn’t know anything about it. Christy will email Larry Hinton to see if he has an IDOT contact who would know. Lot 99 Paul Roeder contact re having trouble: Benay got his name from Christy and said a wellness check would be conducted. New Business: Claudia suggested we have a food drive before Thanksgiving. Christy moved, Jeff seconded that we ask homeowners to contribute to a food drive to benefit a local church. Motion carried. Claudia will work on details. Christy moved, Jeff seconded we adjourn at 7:25 pm