Executive/Management Committee Meeting, October 22, 2007

  • Executive Board / Management Committee Meeting
    Monday, October 22, 2007
  • Meeting begins at 6:47pm.
  • Location: Thistle Community Housing
  • Present:
    MHA: Paul Keaton-President, Steve Gaines-Vice President, Deb Feustal- Management Committee Chair, Management Committee Members: Gene Langlois, Alex Wilson, Kabir-,
  • Thistle: Barbara Navin – CLT Manager, Crystal Launder-Outreach Coordinator
  • Hast: Sandy Denny-Property Manager, Julie Morris – Resident Manager
  • MEETING MINUTES
  • Agenda:
    Minutes of Last Meeting Approval
    Meeting Process review – notes by Robert Power –Secretary
    Property Manager’s Report
    Resident Manager’s Report
    Budget / Hast
    Infrastructure Report
    TCH Update
    Improvements
    Fencing Committee Report
  • Meeting begins with a non-denominational prayer offered by Gene Langlois
  • Minutes of Last Meetings
    Approval of August 07 Minutes – Paul moves to approve, Steve seconds, unanimous approval
    September 07 Minutes – still need completion of minutes
  • Discussion of Meeting Procedures
    Reminder of Robert’s Rules of Order which MHA Bylaws says to use.
    Action Step: Paul will buy a copy
  • Discussion on a way to focus conversation – (see previous email sent to all participants , below). In the future, we will look at a more detailed agenda to help contain and move the meeting forward in order to come to final conclusion with a summary of action items.
  • What agreements or Board motions are needed – (vote on, further discussion, or the need for more information in order to proceed )
    What actions need to happen tonight?  (such as requests for further information, requests for an action, decisions)
    What reports/information needs to be shared tonight? (so one informing is fulfilled, and/or those receiving info are fulfilled) This includes all reports or discussion presented.
    Ideally, when listening , let reporter give it in their style, and others listen until presenter is finished.. Interruptions might be beneficial for clarification before moving on but taking notes was suggested in order to alllow the presenter to finish and then at the conclusion, present your notes for discussion If venting is stimulated, that will be saved till the venting section of the meeting. This requires an added awareness on the part of the listener.
    What outstanding issues need further discussion, clarification, resolution, or actions towards resolution tonight? (brings up old business and helps move it towards completion)
    What needs to be shared for the record, so that it is in the record?  (this can be in discussion. It really helps if the one who needs something on the record makes it clear. Otherwise it may show up in the minutes as “further discussion happened….” Without being mentioned clearly at all.)
    What vents, complaints, needs to happen? (possibly because one’s nervous system is still charged and needs a little venting to discharge)  This is different from discussion and benefits from a different listening than discussions.  The basic response to venting is “Thank you for sharing”. Venting isn’t about discussion. For the venter, it is a high level of communication when the person can own it as a vent requiring nothing of the listener. For the listener it is a high level communication when they can listen knowing that nothing being said is personal to them, and nothing is required. 
  • Resident Manager’s Report
    Two water leaks were reported by residents. These were both due to construction problems and have been repaired.
  • Report of pod in front of # 81. Upon investigation we found it belonged to # 82 and he would have it moved by October, 8.
  • Two vehicles ticketed; one for expired license and one for no stickers on license. Both vehicles have been removed from the park.
  • Someone put rocks in the White Water (Rock) ditch, causing a dam. Enzo and Julie checked this area from East side in lot # 20. The rocks cause a small ripple effect and do not seem to be impeding the water flow at this time. The resident in # 20 loves to hear the ripple and would like the rocks to remain there.
    Currently, no danger is perceived, and Resident Mgr will keep an eye on it. No other action to be taken.
  • Maintenance shed was moved for construction north of wash house and was damaged and this has been report to Tim from Wyatt Construction.
    Damage was the board underneath, and a small scratch near the front door.
    Wyatt will fix damage after it is replaced permanently
  • October 12 we received a report of water leaking in the north end of wash house. The water supply had been turned off and which resulted in having to purchase a new water heater for $401 that was installed on October 13 .
  • #144 requested permission to plant a peach tree in her yard.
    Approved by Management Committee Members
  • Western Disposal pick up for dumpster has been changed to Monday, Wednesday and Friday on a trial basis.
    A couple of complaints had been lodged that dumpster were too full. This is being watched.
  • El-Jebel paper recycle container will be moved to the north parking area during the completion of construction by the wash house.
  • Davey tree has been called to investigate trees in #170 and also #34
  • Additional issue raised: mattress outside of a dumpster has been sitting there.
    Clarification given that if a resident does this and is known, they will be charged if they don’t put in the dumpster. Discussion extends to other junk as well
    Noted is that is possible that we can engage Got Junk to remove junk. Got Junk will donate vehicle, time, etc. and we pay disposal expense. In exchange for their service, they want us to produce a press release.
  • There is discussion of putting a note in Mobilizer about dumpster use – and also include information about MHA resident contacts who can offer their services..
    Action Step: Steve and Gene are willing to take on getting the next issue out, and will work out the details with Colette.
  • Property Manager’s Report
  • Regarding Security Deposit account, Sandy is not yet able to give clarification and finality to the issue of the account, amounts in it, how much has to be in it, etc. This is still in process including reallocating a portion of a resident’s deposit amount pre-paid rent per agreement.
    It is noted that Mobile Home Parks don’t have to pay interest on deposits, though MHA has continued the practice originally established by the City of Boulder.
  • A question re Security Deposit Reserve of $27,667, and that held by Thistle is $28,417. What are these figures, what is the difference between the 2 Security Deposit Reserves, because Board thought that Thistle (MLLC) held the only Security Deposit Reserve.
    Sandy is trying to get clarification and will continue to do so. She says that, as part of the bond settlement, MLLC has been holding this money and earning interest.

    Barbara proposes a conference call with Ann of Hast, and Sandy to resolve the issues.
  • It is clarified (by Sandy and Deb) that at a sale, security deposit goes to old resident after the new resident pays it. It is recommended that interest on the deposit to old resident come out of the money that the new resident pays, since the new security deposit will almost always be greater than the old one due to rent increases.
  • Action Step: Conference call to deal with these issues. Tentative date set with Barbara, Sandy, Ann, Deb, Crystal participating for Nov 1 9:00am. Barbara will send emails out to start confirmation process, and to see if Joe Rosenblum of Thistle can be available as well.
  • Delinquencies
    3 residents were posted for eviction. All of them had set up payment plans but failed to fulfill/maintain them. In addition, 1 person has a renter in the home which is in violation of the lease. This renter hasn’t done a background check or Thistle check. Sandy reviews details on each eviction.
  • Another resident situation leads to discussion of evictions, signing title over, abandoned homes and options for MHA and Hast to handle different scenarios.
  • Sandy explains that a stipulation with the court is an agreement with the court and resident’s attorney that if resident doesn’t fulfill the stipulation, then an immediate eviction results. In more detail:
    if a resident doesn’t meet an agreement, they are served by Sandy, then a sheriff with a 5 day notice at the end of which a court hearing is scheduled, they go to court for a hearing (always on a Friday).
    If resident doesn’t appear in court, then sheriff serves an immediate eviction.
    Resident has 15 days to appeal the eviction. If not, then home is to be moved. Or resident can sign title to home to MHA who will sell home and is entitled to all monies from sale, though MHA might, in good faith, return amount over what is owed on rents, and this could be part of the stipulation.
  • If home is abandoned, then MHA has to go through expense and time of getting an abandoned title, pay approximately $3000 to move the home.
  • Also, it is possible to store the home – an abandoned home on site – until the abandoned title is acquired without having to pay for moving it. Best scenario is for a resident who wants to abandon to sign title over to MHA so that MHA can act on selling the home without a 3 month abandoned title wait.
  • If a home is sold to cover a debt, and its sale price is insufficient to cover the debt, then MHA can go after the resident to make up the difference, unless a court stipulation says otherwise.
  • Another resident has made several efforts to get caught up, and is up against health issues. Sandy hasn’t posted for eviction and wants to work with the resident, and will follow board recommendation. This leads to varied discussion including such points as:
    Setting a dollar amount, above which eviction proceedings begin.
    It’s important to work with each resident fairly and equally.
    Evictions can be expensive, and costs aren’t always recovered.
    It isn’t fair to people struggling to pay rent and are successful, to let others not pay rent.
    We run a business, have fiduciary responsibilities to all residents, and have to honor those.
    People get fined for yard issues, if residents are current, this may not be grounds for eviction. The challenge is to manage the yards then.
  • It was acknowledged that some of the delinquencies have been in place before Thistle bought the park. The current process is reviewed for dealing with late payments :
    Step 1: Notification 2 weeks after late that they have a late fee – sent out on 16th of month.
    Step 2: resident served with 5 day notice. A question was raised about 30-60-90 day notification process which does not exist.. Step 3: This 5 day notice goes to court –
    Much more discussion happens reviewing scenarios leading to the Board Motion below.
    Currently, there is no threat to lien in mobile home park.
  • Board Motion : For new residents, (those without any outstanding balance) Robert proposes, Paul seconds, unanimously accepted.
    at 15 days resident receives a late fee and a notice of overdue rent letter,
    at 45 days late resident receives a 5 day notice, not posted at court, requesting response within 5 days, to make payment or leave the park, or work out payment plan.
    if no response (they get a 30 day period to respond) then at end of 75 days after rent due, resident gets an official 5 day notice for eviction and Hast goes to court requesting eviction. This includes that Hast stops accepting payment, except in full If resident does respond and works out a payment plan, they have 1 year to be fully current and all past rents paid and late fees paid. ---
  • Residents with existing payment plans, paying as agreed, will be honored.
  • Another resident will have movement towards eviction based on above motion as well as on past parameters. This resident has also struggled for some time, is attempting to work with Thistle in various ways, including a tier swap. It is pointed out that Tier Swaps can only happen when resident is in good standing
  • Action Item: Discussion includes a request to Sandy to create written signed agreements of payment plans with current residents with outstanding balances.
  • Sandy requests MHA Board guidance regarding specific residents who are making payments to reduce balance, though their current activities suggest that it will take longer than a year to pay off their outstanding balances. She says she will do what Board requests, makes point that evictions mean loss of income, like a vacant space. Board states that MHA needs to rely on Sandy’s advice regarding the different residents, and reiterates Sandy’s point that it is better to have current rent and a gradual reduction in outstanding balance rather than no rent at all because of an eviction. This will be worked out as we continue, with the Board motion above serving as a guide.
  • Another resident will be posted for eviction (not clarified whether it is the official or unofficial eviction notice) tomorrow based on unreliable payment history. Sandy says that she will do this, even though resident has certain challenges, and is trying to get caught up. The point is made that consistency is needed – both by resident, and MHA in its policies and procedures.
  • Court Cases
    Regarding a resident who is now going to court for eviction.
    Sandy reviews past agreements and actions taken or attempted. Includes an attorney withdrawing past agreement that wasn’t signed, after mediation had happened. Review of legal actions/delays to date. Also review of current state of affairs
    Our attorney feels very confident that MHA/Hast will win any court case regarding this resident. The attorney suggests that he draft a stipulation for Board’s approval, send to resident for signature. Details include:
    rent of $490 beginning in November,
    sell to an approved buyer at market rate lot rent within whatever month Board requests,
    resident will have to confess to judgment of some agreed upon amount of arrears that will be collected on sale or move-out,
    any default results in an immediate right to get writ of possession executed.
    This is all handled by court as part of a court order.
  • Sandy reviews possible consequences of going to court. She recommends going to court and then negotiate with resident after the court judgment; hold off on a court stipulation until after the court judgment. This will facilitate bringing the whole issue to completion more quickly.
  • Board Motion: Go to court and proceed for eviction. If we get eviction, we are open to negotiate, and we will require attorney’s fees be paid as part of any settlement.
    Deb made motion, Steve seconded, unanimous vote of approval.
  • Resident who has gone to court. A report on results.
    MHA went to court against another resident and won eviction on both properties. Resident filed appeal and paid bond for appeal process. We will have to answer appeal. Our attorney, doesn’t feel appeal will be valid and feels we will win.
  • Clarification of bond – Resident is required to pay bond amount to the court (equal to one month's rent) each month as appeal is being processed. Attorney is petitioning to have bond money released to MHA .
  • Court will review the appeal and make a motion as to whether there are grounds for appeal.. Attorney won't know what the grounds for appeal are until opposing side has presented.
  • Currently, no action is needed on MHA part. There will be some small costs to MHA related to the appeal process. If the court acknowledges the appeal and goes to trial which will be a jury trial and couldcost MHA $10,000.
  • Sandy noted that attorney was well prepared and did a good job.
  • Sandy affirmed that the trailer of the resident will pull out if resident removes the trailer. The infrastructure work and gas/electric hookup box newly installed won’t prevent the trailer from being removed.
  • Additional Item
    A bid from Core Electric of $2,636 was received for lot #145 to upgrade utilities in order to place a new home which includes
    Install 200 amp wire, 240 volt to 120 volt single phase meter at back of mobile home. Exclusions: tax exempt electrical permit fees, utility fees, trenching and backfill which need to be subcontracted out.
    Sandy is seeking clarification so will update the committee later.
  • Budget
  • Maintenance tech compensation issue
    The intention in initiating discussion on this issue is to clarify what has happened in the past. Also it is suggested that once the budget is submitted and approved, no changes can happen for the remainder of the year. The point of a budget is to pre-determine expenses for the coming year. This includes rent, salary or bonus increases. We need to plan for the coming year before the year begins.
  • A spreadsheet is presented to review compensation over past few years, both budgeted and actual payments. Her main point is that the budgeted amounts for 06-07 showed a wage of about $14/hr, while the actual year-to-date payment for 06-07 equates to approximately $16/hr.
  • Sandy replies that the Board approved a raise to $16/hr on October 23, 07. She came to the Board (this was soon after she had been hired by Hast) and told the board that the maintenance tech was making $14/hr, which is what her employment records showed. She asked for a $2/hr raise. The dispute is whether the approved raise was already budgeted, or whether the approved raise was an addition to what was budgeted.
  • Sandy notes that in the 07-08 budget, there isn’t a raise for the maintenance tech or resident manager positions, and that the hours for the maintenance tech position cap at 35 hours/week, which is what is now occurring, and that she is managing the position by this budget.
  • Discussion about how hours were worked in the past throughout the year, whether the position is better as a wage position (can lead to overtime) or a salary position (where there is virtually no overtime paid) – no decision is made on this.
  • Board reaffirms to Sandy that she does have authority to spend up to $500 per item for urgent issues, and that this could involve maintenance tech working extra over hiring an outside contractor, thereby saving money. Sandy’s response is that she is likely to go to the Board requesting authorization so that she doesn’t have to deal with confusion or rancor about 35 hours/week being exceeded. Various scenarios are discussed. Discussion doesn’t go to a clear agreement on how to manage such scenarios.
  • Another issue is the maintenance tech using his personal truck for MHA work. He is no longer unwilling to do this. It is noted $74 per month is budgeted for truck use, above and beyond any salary. Sandy will ask if maintenance tech is willing to use his truck knowing that this amount comes to him monthly, and that no mileage needs to be tracked or other data tracked. If this amount isn’t sufficient, the Board will consider more with documentation to justify any additional amounts. The issue on the Board side is to manage expenses against income – a tight ratio at this time.
  • Action Item: Because of the tension that has arisen around this issue, and that the maintenance tech has the impression that the Board no longer trusts him or his work – which is not the case; it is a financial management issue that has motivated the Board – Gene will invite the maintenance tech to come to a Board meeting and hear that his work is quality, and that the whole issue is about managing the budget, not about his work. This is an invitation, not a requirement.
  • Action item: Deb requests and Sandy agrees to email to Deb the actual yearly expense for 05-06 for expenditures related to the maintenance tech position.
  • Discussion regarding health insurance for the maintenance tech position – in the past, 100% of it was paid for by MHA. The budget for this year included the same figure as last year. However, the health insurance cost went up $80/month this year. It is noted that in the MHA management agreement with Hast, this position would receive 100% of health insurance costs. Discussion also includes the actual amount paid for by the tech because health insurance is pre-tax dollars.
    Action item: Sandy to find out what the pre-tax dollar saving is on the health insurance.
  • Discussion ends with reiterating the underlying items around this issue, and acknowledging that the issue “blew up”. The underlying items: help the Board understand what the maintenance tech does for 40 hours/week, and how does this park require that amount, and bringing budget under control – it seemed that this budget item was heading out of control.
  • August and September financials
    Sandy notes that these weren’t approved. No action taken at this time.
  • Thistle Report
    Barbara brings up issue of a resident in Park wanting to buy a home and place it on Lot #11A (resident knows that homes within allowed dimensions exist). The resident wants to have from the MHA, an assurance that the lot will be available until they sell their current home. More discussion by email will occur.
  • An issue was raised about a resident without water – initially discovered by the infrastructure project personnel. Also, that a resident may be using the gas stove to heat the unit, and that the roof has a hole(s).
  • Thistle is working on these issues. Possibility is to inform residents to get assistance and problems fixed by using Long’s Peak. Looking at how to inform residents and help without creating fear. As far as letting them alone, Sandy says that we have to allow residents to live as they choose, even if it is in a way that is unusual to us.
  • Improvement Requests
    Two improvement requests were brought to the Management Committee and approved.
    A Preach tree being planted was approved.
    A Patio installation at ground level next to home was approved
  • Meeting is adjourned at 10:15pm.
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