MHA Management Committee Minutes 4-25-05

Management Committee/Board of Directors

April 25, 2005

c. Points to be discussed – Letter to resident who continues to disagree with the affordability process.

Maria motioned for the appended minutes to be approved. Kabir seconded. The minutes were approved unanimously.

The MHA’s new president, Nick Tamm addressed the meeting. His intention was to set priorities for the MHA for now. 1) The letter of confidentiality. It’s important to sign and that nothing leaves this room. Moreover, everything concerning residents should be out in the open so that the meeting is accurate. 2) Greatest priority is raising $1 million for infrastructure, so that thee MHA and residents aren’t paying an additional $500,000 later for the dry utilities. 3) Create a protocol for handling evictions of tenants. 4) Ask the city if it is confident that the rent tier structure can stand up in a court of law. 5) Ask that all emails be kept on a professional level.

Jonathan Machen then brought up the Confidentiality Agreement. Suggestions were made to reword the document. Committee members agreed that the Confidentiality Agreement should read ‘MHA member and/or employee’. Silvia then asked what would happen if the MHA should change its name. Nick answered that the name of the organization would not change though the Park name might. Jonathan asked how would the Confidentiality Agreement come into play? Would the MHA be sued if the information got out? Loretta answered that the Agreement insured that if information was released, the person who divulged it would be held liable not the organization. Etta then stated that the MLLC should be added to the agreement since the MLLC was represented at these meetings. Next the question was asked whether committee members’ partners should sign the agreement. He answer was that partners should not ask what is going on and that committee members should not reveal anything to their partners. Loretta was asked to make the changes and have members sign the new agreements as soon as possible. She would ten make copies for each person and for the files. Mark made the suggestion that Kathryn make copies, give them to members to sign and then return them to Hast. Kabir moved that that the amended Agreement be accepted. Mark seconded. The motion passed unanimously.

Jonathan then called for the Manager’s report. (A hard copy of the report was provided everyone. I am working on obtaining an electronic version for the MHA’s records. MR)

Item 1: Some residents working on homes without permits have requested code enforcement by the city but there is no consistency of enforcement. Maria made the point that the MHA’s Rules and Regulations can be more restrictive and therefore solve the problem. Nick made the suggestion that a letter be sent to residents asking them to provide proof of permits for work. Without it they are in violation. Management committee approved the suggestion and Loretta will send out letters.

Item #2: Extra trash bins. The need for extra recycle bins was discussed. The consensus was that 2 more were needed at each location, except the north parking area. This means 2 extras for Folsom, Mapleton and Washhouse. Motion to purchase extra trash bins moved by Jonathan. Seconded by Maria. Passed unanimously.

Item #3: The committee discussed looking into a resident's situation to see how she is getting along since the death of her husband. Julie Morris will check out her situation. It appears her walkway will need some work. Julie believes she and Enzo can do the work. Kabir moved to have the work done. Seconded by Alex. Motion passed. Jonathan brought up the fact that the resident's home is a fire hazard, filled everywhere with boxes of materials. The MHA needs to have her agreement in order to have the material moved since it is inside the home.

Item #4: Retaining Wall behind #70. American Civil Constructors came out to look at the job and suggested 3 options - all of them very expensive. Costs ranged from $4600 up. Suggestion was to have Roger of Mobile Home Maintenance to resubmit his billing. Julie was asked why didn’t we have Enzo do the work. She reiterated that she thought it too dangerous for one person to handle. The idea is to get it doe and quickly and inexpensively as possible. Loretta will call Roger.

Item #5: Trimming of trees along the Folsom entrance has been arranged and we are waiting for work to be done.

Item #6: Bid by Action Mobile Home transport to have the home at #81 placed properly and tied down is $1200. It is the only bid so far. Nick asked whose budget did it come out of. Jonathan answered it was the MHA’s. Management committee recommended that the MHA accept the bid. Nick moved to approve the bid and have the home secured. Silvia seconded it.

Nick then asked that the MHA Executive Board appoint Mark Reeder as Acting Secretary of the MHA. Paul Keaton seconded and the motion was passed.

1. Nick asked what we could do about roving cats. The suggestion was made that we fine cat owners if they allow their cats to roam free. Loretta suggested that we can hire a professional cat trapper. The real expense is in checking the traps, however, perhaps Enzo and Julie could do that. Loretta will get a cost estimate and report to the May 9^th meeting. Suggestion also made that a notice be placed in the Mapleton mobile-izer with the appropriate rules and regs citation.

2. The walk through of homes by the management Committee with TCH and Loretta was successful. Jonathan has placed pictures on the MHA web site with a website of problem homes so that we can have before and after pictures. Nick and Maria will present opinions of the homes and what should be done at the May 9^th management committee Meeting.

3. Protocol to obtain titles from those residents who are in arrears with rent. Hast Attorney suggested changes that would make it easier for the MHA to obtain titles to the mobile homes. Originally, we had asked the residents to turn the titles over to the MHA. The attorney suggested a replevlin action (Loretta provided new document for the committee and executive board) Basically the new protocol is exactly like the original one only it would leave the resident as the owner and would be in compliance with the resident occupancy rule. However, if he is in arrears of more than $1000, Hast & CO would have their attorney draw up the proper legal forms carried out in the MHA’s name. The MHA would then sign the document. In the case that the resident refused to pay back rent or set up a program of paying back rent, then the MHA could institute a replevlin action that would allow the MHA to assume title to the home and evict the resident.

Replevin, sometimes known as "claim and delivery", is an old-fashioned legal remedy in which a court requires a defendant to return specific goods to the plaintiff at the outset of the action. Although rarely used, replevin can be a very powerful weapon in a case where somebody is wrongly holding your property, because it deprives the defendant of the use of your property while the case is awaiting trial, which increases the likelihood of a quick settlement.

For the Management Committee, Kabir moved to accept the new protocol for pursuing back rents. Maria seconded and the Committee passed it unanimously. It then went to the Executive board. Nick moved to accept the resolution. Mark seconded it and the new protocol was passed unanimously.

1. Bamboo Fund, Housing Partners and U of C Federal Credit Union – there has been no contact with these people. They were supposed to come out between April 15 – 18 but never showed. Kathryn will pursue. Housing partners did tour the Park but they are waiting until the house has a buyer. U of C Federal Credit Union is looking into helping out the funding of the Mobile home project with a line of credit.

2. A resident and his personal equipment. Letter has gone out from Hast & CO to Horst telling him to make arrangements or his equipment would be destroyed. Letter was sent on March 24^th. No response yet

3. No new people have joined Mapleton mobile Home park since the first of the year. Loretta Milcarek approved all new residents in 2004. She will give a list of new residents to Kathryn and Mark

Hast & CO Finance Report (Loretta provided a financial statement) - A slow period, doing well at this time.

Question of bringing in used homes at this time. If they comply with current utilities, it could be possible, Loretta will check on services to 53 and 48 to see if they are available. Kabir has a friend who wants to move a home into Mapleton. Kabir’s will ask his friend to check out necessary city permits.

MHA Finance Report. Silvia reported that the MHA currently has a ..... in its checking account and ..... in savings. Repayment by Taggart insurance remains an ongoing problem. Apparently we still have two insurance policies. Silvia will provide Loretta with all the information on our insurance policy and Loretta will take care of the misunderstanding.

Nick asked TCH to ask the city if the rent structure is legal or not. Etta responded that affordability has been set up and passed. Kathryn explained that the residents are concerned that if the structure has not been tested in the courts, then it may lead to a lawsuit. Loretta pointed out that the city cannot guarantee there won’t be a lawsuit. Loretta offered to call Jeff Yeigian at HHS to inform him of the residents’ claims and threats concerning the affordability structure. She was then asked to do so. Etta reminded the committee members and the executive board that the mortgage is tied to the affordability structure.

The issue of a resident who has not complied/agreed to the affordability agreements was then discussed. TCH told the Committee and Executive Board that the resident had made an effort to talk. He had also met the accommodation rule as far as title to his home was concerned, since a family member owned his home. However, he has not indicated a rent tier choice. The committee and executive board stated that this resident was in the same situation as the other non-responders and all of them deserved the same letter. Jonathan moved that Etta write a new letter for all nonresponders and email copies to everyone for their input.

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