The Annual Meeting of Members of Williamsburg Settlement Maintenance Association, Inc. was held on Tuesday, April 21, 2009 at 1602 Hoyt, Katy, Texas 77449 at 7:00 p.m.
Directors in attendance were Dave Ellis, Don McClelland, Linda Moore, Mark Molsberry, Brian Boggs and Lance Gordon. Also in attendance representing Planned Community Management Inc. was Dolores Sue.
A quorum was qualified by representation in person and/or by proxy of one hundred ninety four (194) members.
The Board President served as chairperson and called the meeting to order at 7:00p.m.
The first item on the agenda was the election of two (2) Directors to the Board. There were two incumbents on the ballot, Dave Ellis and Mark Molsberry. Each candidate introduced themselves to the residents present.
The floor was opened for nominations. There were no nominations from the floor, a motion was made, seconded and unanimously approved to close nominations from the floor and call for the vote.
With two (2) positions available and two (2) candidates the residents present voted the new directors by acclamation. Therefore, Dave Ellis and Mark Molsberry will each serve a three (3) year term.
The next item on the agenda was a review of the Association financials. The 2009 financial report was presented by the Treasurer. He discussed the financial results for 2008 and the present status of both the Operating and Reserve accounts.
A vote is required annually to roll over the excess income if any, for the benefit of IRS rulings. Upon a motion duly made, seconded and unanimously approved by the Members, it was:
RESOLVED, that any excess assessments for the taxable year 2009, that
are over and above the actual expenses paid or incurred for said year, shall
be applied to the following year’s assessments for operating expenses.
At this time the Board presented the community operations update. Lance Gordon, the President, discussed the work that has been recently completed on the tennis courts. This included resurfacing, and new fencing and wind screens installed around the old courts. Further, extensive clubhouse parking lot repairs will be started on April 27 which will make the car park unavailable for 9 days to allow the new concrete time to fully cure. Following this, repairs will also be made to the pathway between the clubhouse and tennis courts which has some damage dues to the effect of tree roots.
There is a new Federal Law requiring safety modifications to pool drains to prevent entrapment of swimmers. This work has now been completed by Lone Star bringing our pool into full compliance with the current safety code. Lance also informed the meeting that all of the pool furniture has been re strapped and two new tables purchased for the pool area ready for the summer. .
The work done by various Board members to save Association funds was discussed. A major item in this category is the trimming of trees and quarterly inspection and repair of the perimeter fence by Lance Gordon. This, and similar efforts by other Board members, result in significant savings by reducing the need to engage outside contractors.
The Board presented the residents present with information it had received from a CPA regarding the pros and cons of changing the IRS status of our subdivision to a fully exempt organization in compliance with IRS Tax Code 501(c)(4). Filing under this section of the Code would exempt us from paying Federal Income tax and Sales taxes. This would result in significant savings on such items as our trash and landscaping services as well as all the work done by various contractors. If our application was successful, we would also be eligible for a refund of all such taxes paid over the previous four years. However, the two drawbacks are that under this section of the Code, our common areas would have to be opened to the public, although a fee could be charged for use of such facilities as our tennis courts and pool, but even more problematic is the fact that this change in status would require approval by two-thirds of our homeowners, an almost impossible condition to achieve.
Based on the information provided, the Board asked for discussion followed by a show of hands as to how many of those present would be in favor of such a change in status. The vote was split 50:50 between those who would support it and those who would be against it, with the latter camp being most vocal on the issue. Based on the lack of a more positive response the Board came to the conclusion that there would not be sufficient support for this change to justify the considerable effort that would be required in attempting to collect the votes required for its passage.
At this time the floor was opened for homeowner discussion. The major issue of concern was security. One resident expressed the view that the deputies who patrol our neighborhood are not providing a sufficient visible presence to act as the deterrent that is needed to curb speeding vehicles and to prevent incidents of tagging our entrance monuments with graffiti. He also felt that the deputies should be far more aggressive in issuing citations for illegal parking and generally be more diligent in performing their duties. He expressed the view that consideration should be given to doubling the patrols if this is what is needed to provide the required improvement. Linda Moore, our liaison with the Constable’s office, told those present that she had asked the deputies to spend more time watching the entrances and that this directive seems to have had some success in that there have been no further tagging incidents since she had that conversation..
There was a question as to whether residents who are in law enforcement are being given special treatment in regard to parking near corners and stop signs. The Board stated its view that all residents are being treated in the same way.
One resident stated his wife had to call the Constable’s office and was very pleased with how quickly a deputy responded.
The Constable liaison will discuss the above security issues with the Constable’s Office and report back to the Board.
There being no further business the meeting was adjourned at 8:15 p.m.
