Bradford HOA Special Meeting
July 16, 2008

Meeting Began: 8:00 p.m.

Those present:Cherryl Cox, Rick Gibson, Don Mallonee, Steve Slack, & Monty Sowder.  Mike Welty not present.  Guests:Chris and Amy Florio.

    A special meeting was called by the HOA Board to meet at the northwest corner of Chris and Amy Florio’s property (2930 N. Keith Ct.) where their privacy fence is constructed near the common wall that runs the width of their backyard.  The purpose of the meeting was to resolve the disagreement between the Florios and the HOA Board regarding how their privacy fence can and should be connected to the Bradford common wall.

History

    3 basic options have been presented to resolve this disagreement: (1) angle the Florio’s privacy fence and connect with the next pillar to the east where the common wall is 6′ tall, (2) build the privacy fence inside the common wall across the back of the Florio’s property, and (3) construct a triangle-shaped section of privacy fence that attaches to the sloped portion of the common wall (narrow to the east-widening west to the corner pillar) so the height of the common wall and privacy fence remain consistent.  The Florio’s primary concerns have been security, maintenance, and appearance.  The HOA Board’s primary concerns have been making alterations to the common wall, setting precedent, and consistency of appearance.

    The Florio’s have presented 2 proposals to the Architectural Committee which the committee presented to the Board.  Initially the board suggested #1 above and then also agreed to either #1 or #2.  The Florio’s were not satisfied with either of these agreements and also presented the board with a couple of versions of #3 above.  At the July 2008 meeting, the board reaffirmed it’s previous decision and was not in agreement with option #3 since it required altering the common wall.  Shortly after the July meeting, Monty Sowder visited with Chris Florio and agreed to a specific version of #3 above after which Mr. Florio began construction on the connecting section of the privacy fence to finish the project.  Monty spoke independently of the board’s decision but the Florio’s understood Monty to be speaking on behalf of the HOA Board.

Minutes

    The Florio’s and HOA Board expressed their needs, desires, and concerns.  The Florios stated they would not consider option #1 because they did not want to maintain a triangle-shaped piece of property and stated they would not maintain that property if the fence were built at an angle to the second post.  The Florios also stated they would not consider option #2 because of security and the inability to build the privacy fence close enough to the common wall due to inconsistent footers.  The Florios stated that option #3 was in fact the only workable option and was the option they had already begun since Monty had given them permission to do so.  Monty explained this series of events. 
    The board, primarily Cherryl, Rick, and Don, communicated the major concerns of altering common property, setting precedent for other homeowners, and inconsistencies in alterations to the common wall.  The board listened to the Florio’s concerns and the Florios also heard the board’s perspective.
    Amy Florio communicated, that for security sake, they would do whatever was necessary to accomplish their objectives (#3) including legal action and/or door-to-door petitioning of the entire subdivision.  Chris raised concerns regarding past decisions, personal complaints, and inconsistencies in covenant enforcement by the BHOA.
    After approximately 30 minutes of lively dialogue, the HOA Board met in privacy across the street.  The board reviewed the discussion and each board member expressed his/her opinion openly.  A number of additional issues and concerns were raised by individual board members.
    Don Mallonee made a motion to give the Florios permission to complete construction of the triangle-shaped section in order to complete their fence if they are willing to sign a letter from the HOA Board stipulating that they will (1) maintain the new triangle-shaped section attached to the common wall, (2) take responsibility and repair any damage done to the common wall due to the alterations and the construction of their fence, and (3) communicate stipulations 1 & 2 to the next homeowner in the event that the Florios sell their property.  Steve seconded the motion and the motion passed unanimously (5-0 with Mike being absent).  STEVE TO FOLLOW UP and write letter for HOA Board approval prior to the Florio’s signature.
    The board verbally communicated the decision to the Florios immediately after the meeting, and the Florios agreed to the stipulations.  The Florios do not have to wait until they sign the letter to finish the construction.
    On the whole, the board agreed this was a reluctant decision and agreement to move forward, resolve a dispute, and maintain as healthy a relationship as possible with a Bradford resident.

Meeting Concluded: 9:15 p.m.
Minutes Recorded by: Steve Slack