DEERHAVEN PROPERTY OWNERS ASSOCIATION QUARTERLY BOARD MEETING MINUTES
BLUE LAKE COMMUNITY CENTER
SATURDAY, FEBRUARY 26, 2022
- Certification of QuorumMeeting was called to order by Paul Rosbach at 9:00 A.M.
Directors present: David Wuest, Paul Rossbach, Albert LaCasse, Jimmy Springfield, Terry Calloway
Directors Not present: Gabe Pincelli, Dale Read
Also, in attendance: Joanne Severn – Secretary, Pam Hutchins, Treasurer, and Deerhaven POA members
2. Review/Approval of November 13, 2021, Board Meeting Minutes
Albert motioned for approval and David seconded. Motion unanimously passed
3. Chairman’s Report – Paul reported that we sent certified letter to property owner that was using AirBnB in Deerhaven and the property owner took the ad off AirBnB. Paul also mentioned there was a drainage leak on Matern.
4. President’s Report – No status on the Pickle Ball court.
5. Vice President’s Report – David reported that:
i. He is following the Horseshoe Bay guidelines on trimming oak trees/oak wilt.
6. Treasurer’s Report – Pam presented her report
7. Architecture Committee Report –
i. We need to get a report on Mike Lights’ contract
ii. We need to get results/report on compliance. Paul will talk to Gabe and David Cotner
8. Discuss Restrictions and Covenants violations
Discussion on the clarifications of the Restrictions entitled “Board Orders”, Paul mentioned that the POA website currently has changes to the restrictions that are technically illegal and in one case changes the wording to be opposite of what the restriction originally stated. This can cause confusion and potential legal problems. David made a motion to vote on the options at the April 9th meeting. Albert seconded the motion.
We have 3 choices:
- Leave as is (they have been there for 5-10 years already).
- Remove them all (they are clearly not valid as they were not approved by the majority of the community in a vote).
- Revise/soften them (as much of this text is trying to clarify how to interpret terms in the restrictions).
If we vote for #3, here would are Paul’s proposal (see original board orders on-line). These Changes are edits from the current “Board Orders”. Additions are underlined and deletions are crossed out.
Proposal (for discussion and vote for 1, 2, or 3 or 3 modified):
POA BOARD ORDER NOTE: (for clarification) in Restriction 2: In order for there to be consistency and clarity in measuring set-backs, where Restriction 2 states that no building shall be located on any lot nearer than a certain distance to any street, The term “street” shall means the street property line, (which is the point where the street right-of-way abuts the lot’s property line as shown on the plat of the subdivision). This clarification will make the set-back measurement is consistent with the remainder of Restriction 2 which states that “set back requirements will be measured from the property line to the foundation line of the house”. (Board Order Clarification Note adopted at February 21, 2015 Board Meeting. Modified at February 26, 2022 Board Meeting).
POA BOARD ORDER NOTE: (for clarification) In Restriction 13,: “Front street line” and “side street line” mean the property lines, not the edge of the road pavement or right of way. The fence set-back requirement is measured from the property line to the fence, on the abutting front and/or side streets. Where s This is consistent with all set-back measurements are designated and other occurrences of “street line” in the Restrictions as well as being the common legal definition of the term , set-back measurements for fences shall be the same as for building set-backs. (Board Order Clarification Note adopted at April 12, 2014 Board meeting. Modified at February 26, 2022 Board Meeting).
POA BOARD ORDER: (for clarification) In Restriction 13, regarding fencing on “waterfront” lots: Fences running perpendicular to the waterfront, on the side property lines of the lot, may extend to the waterfront and cannot be higher than six feet. Fences not more than three feet in height, running parallel to the waterfront, can be situated up to thirty feet back from the waterfront. Fences 3 feet to a maximum allowable height of six feet, running parallel to the waterfront, must be situated a minimum of thirty feet (30’) back from the waterfront. (Board Order adopted at June 14, 2014 Board meeting.) [DELETE – SEE RE-WRITE BELOW].
POA BOARD NOTE: (for clarification) In Restriction 13: This restriction was affected by Texas Law in 2021 (SB1588) so refer to the September 21, 2021 Llano County filing. The legal interpretation of SB1588 changed this restriction to allowed fences are “not more than four feet in height within 30 feet of any street line or waterfront line and is not more than six feet in height otherwise”. Furthermore, “View Obstruction” is the concern in Restriction 13 so fence opacity is a large factor in considering any variances. Low opacity fences (like wrought iron) are not “view obstructing” in general. (Clarification Note adopted at February 26, 2022 Board Meeting).
BOARD ORDER:- The following was approved 4/21/2011 as a NEW Board of Directors Policy. [DELETE – SEE RE-WRITE BELOW].
- 17. WEEDS: For the purpose of fire safety and/or aesthetics, the owner of each lot, shall keep the lot clean andfree of weeds, dead vegetation, dead grass, underbrush, dead trees/branches, small cedar trees less than 3 inches in diameter and cedar branches lower than 4 foot off the ground in keeping with the other property and the community. Upon notification in writing by the Deerhaven POA Board, the owner shall correct any aesthetic or fire hazard deficiency that exists. Failure to do this within 30 days, the Deerhaven POA may have the lot cleaned and the cost or expense thereof shall be payable by the owners to the Deerhaven POA. [DELETE – SEE RE-WRITE BELOW].
POA BOARD NOTE: (for clarification) In Restriction 17: For the purpose of FIRE SAFETY (and aesthetics), the community asks that lot owners keep lots free of weeds, dead vegetation, dead grass, underbrush, dead trees/branches, small cedar trees, and low cedar branches. The fire-fighting contract with the City of Horseshoe Bay and our safety require this. “The Trails” fire in the fall of 2020 could have burned numerous homes in Deerhaven and we have limited paths of egress. (Clarification Note adopted at February 26, 2022 Board Meeting).
9. Boat Lockup Report
- All boat spaced are filled up – have 3 on a waiting list
- Paul is still looking into having the boat storage enlarged. He will need to get bids.
10. Park Chairman Report – Nothing to report
11. Long Range Planning Committee Report – Nothing to report.
12. WCID Report – David reported that have entered into a contract with AWR Service Inc to manage the billing and there will be a 90-day transition from the current manager.
13. Old Business – Nothing to report
14. Ratification of Business transacted electronically per Article VI, Section 7 since last meeting
a. November 15, 2021 – The Board approved two replats (lot 131A & 224A with the standard conditions on parties paying two lot assessment until such tie a residence straddles both lots. Jimmy made a motion to delay this ratification until the next board meeting. David seconded the motion. Motion unanimously passed.
b. February 21, 2022 – The Board approved the replat of lots 202 & 203 into lot 202A.
c. February 22, 2022 – The Board approved the replat of lot 192 and the East ½ of lot 193 into lot 192A
15. New Business
- April POA meeting is scheduled for April 9 2022 at 9:00 a.m.
- Election Committee: David Wuest, Jimmy Springfield, and member-at-large Tim Allen.
Albert made a motion to approve the committee. Terry seconded the motion. Motion unanimously passed.
16. Property Owners Forum – No requests received.
17. Adjourn – Terry made a motion to adjourn the meeting David seconded. Meeting adjourned at 10:50 a.m.