2005-08-06 General Members Meeting

Kidd Island Bay Home Owners Association

Annual General Members Meeting

Date: August 6, 2005

Time: 12:00pm

Place: Beach – North Walkway

Members Present:

Name Lot/lots #

Don & Eileen Sharpe 35

Russ & Ruby Niles 17,18, & 19

Jim & Carol Ruyf U17 & U18

Tony Boisen 12 & 13

John  & Diane Boisen 12 & 13

William & Adrienne Putren 10 & U7

Fred Miller 14, 15, & 16

Denise Schumacher 7 & 8

Chad & Heather Solsvik 25 & 26

           Richard Freeman 6

Jan O’Halloran 5

Neal & Barb Schaefer U8 & U9

Toni Beck 3

Roni & Matt Melton U5

Brianna Ball 23

Steve Casey 10 & U7

Russ & Ruby Niles 17, 18, & 19

Proxies:

 There were five (5) persons who received proxies:

Lots Owned   Total Total Votes

Assignee by Assignee       Dues Paid   Proxies  Allowed

Fred Miller     3       Yes 4 7

Russ Niles     3       Yes 1 4

Bill Putren          2       Yes 1 3

John Boisen      2       Yes 2 4

Jim Ruyf     2       Yes 4 6

Total 24

Minutes from Last Meeting:

  The Members voted unanimously to waive the reading of those minutes.

Treasurer’s Report – Chad Solsvik

Chad reported on the current checking and savings account balances.

We have $1,000.00 plus receipts from today in checking, and $500.00 in savings accounts.

There are only four persons, who have not paid their dues, and other members felt they should pay equally. The Board will take up this issue at the next Board meeting.

The Association incurred $6,500 with our Attorney, Scott Reed (actions 

      to be described later in the legal report). We have paid Mr. Reed  

     $3,000 with an amount owning of $3,500.

There has been great progress over the past 4 years on the reduction of past due, which is a reflection of all Members working together, to make this Association successful.

More Members have paid on time this year then in our history.

The Members voted to accept the Treasurer’s report.

Boisen Road Report – John Boisen

Dust control was not applied this year in the interest of cost savings, and the lack of need.

There are numerous “pot-holes” on the road. Most are located at the low or dip in the road by Nile’s lots – the water just sits there, and passing cars pound out the soft spots.

This year, dust is a major problem.

John reported an estimated cost of $2,200-2,500 to: grade the road, new gravel, and apply dust control.

The Association does not have the funds to perform these needed tasks this year. Combined with our legal expense, which will be discussed later.

The Board will develop a policy covering contractors performing construction on the road, tearing it up, and then the Association having to pay for the correction.

It should be the lot owner’s responsibility, who has direct control over his/her contractor, to assume that responsibility rather then the General Members.

Legal Report – Fred Miller – Board legal Liaison 

We have had two legal actions:

The Algiers’ dock issue, wherein they were in a legal dispute with the State Dept. of Lands. This action involved the Association, and it’s court order, to provide one dock space to each Member lot.

Our attorney had to provide much information to the various hearings on this case, requiring research, and transmittal to all parties.

Our cost on this issue: $6,500.00, which is not recoverable from the other party.

The Algiers put in a dock, using the Association common beachfront as their lot on the permit, and then refused to accept three (3) additional lots – to be assigned to that dock.

The issue here: the permit was not valid, not sharing the dock with 3 other lot owners would require the Association to put in one additional dock.

The Dept. of Lands restricts the no. of docks, and we are mandated to provide one space per lot. Hence, the Association would have been 

placed in a very poor position.

The Dept. of Lands, after several review/appeal hearings, ruled against the Algiers, who are now in a position of submitting a new permit with the assigned lot owners or removing their dock form our common property.

The Algiers and Walker filed suit challenging the legal validity of our Association.

Judge Haman heard the case, and ruled in favor of the Association.

The two then appealed his decision, and again the Judge ruled in our favor.

They then asked another judge for reconsideration, and again the Judge ruled in our favor, and awarded the Association some $8,500 in legal fees, which our attorney will collect for his services at no expense to the Association.

Special Assessments:

A motion was made by Bill Putren, seconded by Jim Ruyf, to pass a 

special assessment – not to exceed $100 per lot for legal expense, and the necessary roadwork.

The Members voted unanimously for this motion.

Web Site – Neal Schaefer

Neal reported on the vast amount of material listed on the site, which can 

be accessed by all Members.

A suggestion was made, that the Treasurer’s report be listed on the site – 

Neal will do so in near future.

Our many thanks to Neal for his hard work on this project.

If you have not visited the Web site, please do so at: KIBHA.Org

This site will both provide to our Members, immediate access to all 

information of our Association, and save the Association future mailing expense.

Note: If you have an e-mail address, please forward to this writer: 

 HYPERLINK mailto:fr**@re***************.com” data-original-string=”/5KHGSKnOvtwUG0P1rflQbP4YDyQJ89s7ZRKkY6U3DM=” title=”This contact has been encoded by Anti-Spam by CleanTalk. Click to decode. To finish the decoding make sure that JavaScript is enabled in your browser. fr**@re***************.com , so we can list you on our records for immediate transmittal of information, that you may need in a timely manner.

Dock Policy – Don Sharp

Don gave a report on the recent decisions by the State Attorney General, 

and of his and this writer’s visit to the Dept. of Lands:

The Attorney General has directed the Dept. of Lands to make our 

Association the primary issuer of all dock permits as long as said permits meets state regulations, and that she supports Judge Haman’s decision of each lot receiving one boat space per lot.

Secondly, every dock on the lake must have a permit.

Or Attorney would like to see the Association record these permits on the 

homeowner’s deed at the courthouse. This action will protect the homeowner in case the Dept. loses the permit (yes, it has happened), and for any future litigation.

Future dock owners: to pay the Dept.’s fee, and a recording cost.

If any member has any question regarding docks, please contact Don Sharp.

Election of New Board Members

The Members voted unamiously to reelect the current board Members.

List of Board Members

John Boisen    14857 Dunbar Lane, Mt. Vernon, Wash.  98273

 HYPERLINK mailto:jo*********@ve*****.net” data-original-string=”OQpGEiWi07xXMFhVuWDzszqpldsSnOIgWZyQgmGmFCE=” title=”This contact has been encoded by Anti-Spam by CleanTalk. Click to decode. To finish the decoding make sure that JavaScript is enabled in your browser. jo*********@ve*****.net

Fred Miller       4305 S. Boisen Loop Rd. CD’A, Idaho 83814

 HYPERLINK mailto:fr**@re***************.com” data-original-string=”/5KHGSKnOvtwUG0P1rflQbP4YDyQJ89s7ZRKkY6U3DM=” title=”This contact has been encoded by Anti-Spam by CleanTalk. Click to decode. To finish the decoding make sure that JavaScript is enabled in your browser. fr**@re***************.com

Neal Schaefer 1563 W. Kidd Island Road CD’A, Idaho 83814

                 HYPERLINK mailto:Ns*******@ab******.com” data-original-string=”L1JRMIeP9/r0jyIvhkif6XFwUnIZStQMpP5LllZfdFM=” title=”This contact has been encoded by Anti-Spam by CleanTalk. Click to decode. To finish the decoding make sure that JavaScript is enabled in your browser. Ns*******@ab******.com

Chad Solsvik 4455 S. Boisen Loop Rd.    CD’A, Idaho 83814

 HYPERLINK mailto:ca**********@ho*****.com” data-original-string=”UzdNuUH+DqsPg0oxVsGhmTEOJR5HqLNYGa3FFswzo7U=” title=”This contact has been encoded by Anti-Spam by CleanTalk. Click to decode. To finish the decoding make sure that JavaScript is enabled in your browser. ca**********@ho*****.com

Don Sharpe 3501 W. Lincoln Rd.   Spokane, Wash.     99208

 HYPERLINK mailto:sh******@ao*.com” data-original-string=”+4UOaZmVshX1P3Xkb4YxqzhMARUP3U68D3b43oGitbk=” title=”This contact has been encoded by Anti-Spam by CleanTalk. Click to decode. To finish the decoding make sure that JavaScript is enabled in your browser. sh******@ao*.com

Jim Ruyf 1711 Kidd Island Road CD’A, Idaho 83814

 HYPERLINK mailto:ru**@im****.com” data-original-string=”3zd2LZWstmZYWnlLi3fipw==” title=”This contact has been encoded by Anti-Spam by CleanTalk. Click to decode. To finish the decoding make sure that JavaScript is enabled in your browser. ru**@im****.com

Russ Niles 966 Schoolhouse Rd.  Ramona, Calif.    92065

 HYPERLINK mailto:er******@zn**.com” data-original-string=”Hdt5u3uRTigH4s4KDGgxSuXohRxgAZjKDbNSHfeZYuE=” title=”This contact has been encoded by Anti-Spam by CleanTalk. Click to decode. To finish the decoding make sure that JavaScript is enabled in your browser. er******@zn**.com

Bill Putren 4209 Boisen Loop Rd.  Coeur d’Alene, Idaho  83814

208- 6649352 HYPERLINK mailto:bi********@ho*****.com” data-original-string=”ARqbIv10m2UKqkeF74RP+sKo6RnxhSzIVlM6aFfGNb4=” title=”This contact has been encoded by Anti-Spam by CleanTalk. Click to decode. To finish the decoding make sure that JavaScript is enabled in your browser. bi********@ho*****.com

Personal remarks from the Secretary

This was the best meeting I have ever seen as a member of this 

Association. We had the largest attendance, the Members gave excellent suggestions for the Board to enact in the future – all would enhance our Association.

The atmosphere was very positive and friendly – three new Members remarked that we had a great Association, and were pleased to be a member.

Thanks to all of you – both attendees, and those who could not attend for your support and great ideas for the Board.

There being no further business, a motion was made, and the Members voted to adjourn the meeting.

Fred M. Miller

Secretary

Board of Directors

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2004-08-07 General Members Meeting

Kidd Island Bay Homers Association 

Annual General Members Meeting

Date: August 7, 2004

Time: 12:00pm

Place: Beach – North Walkway

Members Present:

Name Lot/lots #

Don & Eileen Sharpe 35

Ben & Carol Kircher 8

Russ & Ruby Niles 17,18, & 19

Jim & Carol Ruyf 17 & 18

Mark Bennett 2

John  & Diane Boisen 12 & 13

William & Adrienne Putren       10

Fred Miller 14, 15, & 16

Denise Schumacher 7 & 8

Chad & Heather Solsvik 25 & 26

         *Todd Walker 6

         *Mr. & Mrs. Algers 34

         * Mike & Jan O’Halloran 5

Neal & Barb Schaefer 8 & 9

Toni Beck 3

Ossie Rhash 9

Mark Bennett 2

Paula Goodstett 1

Elizabeth B. & Mary C. Taylor 39

Tom Beaton 21

* Members who had not paid their dues and could not participate in the voting.

Proxies:

 There were three (3):

Dues Paid Proxy Conveyed   Total

Member who received Proxy Current By   Lots

Jim Ruyf   Yes June Berquest

Dan Carter       7

Fred Miller Yes Katherine Thompson     4

*Todd Walker   No Kevin Moran       4

* Mr. Walker and Moran have not paid their dues. The by-laws require that only members of good-standing (those who have paid their dues current) may cast votes

Minutes from Last Meeting:

  The Members voted to waive the reading of those minutes.

Treasurer’s Report – Ben Kircher

Ben reported on the current checking and savings account balances.

There are a few persons, who have not paid their dues, and other members felt they should pay equally. The Board will take up this issue at the next Board meeting.

There has been great progress over the past 4 years on the reduction of past due, which is a reflection of all Members working together, to make this Association successful.

The Members voted to accept the Treasurer’s report.

Boisen Road Report – Ben Kircher 

Dust control was not applied this year in the interest of cost savings, and the lack of need.

There are numerous “pot-holes” on the road. Ben Kircher and Fred Miller filled them late spring, and compacted them – two days later, the holes are back.

Most are located at the low or dip in the road by Nile’s lots – the water just sits there, and passing cars pound out the soft spots.

Four (4) loads of dirt/gravel, were applied to that entire depression, and could save the Members money for road repairs in the future.

A typical annual repair consists of a road grader to scrape the surface level, and then graveling, approximately $1,500.00

Beach Policy and by-laws

Last year, the Members were quite vocal with their complaints against renters, and large parties.

The Board has been charged – in the Judge’s decision – with managing the assets of the Association, hence, over the winter, The Board developed a policy to alleviate those abuses, and had it reviewed by our attorney. 

The policy was sent out to all members, and input was requested. To-date, not one comment has been received by the Board.

There was discussion on the Policy and By-laws, mainly from those members who had not paid their dues. The Members, who had paid the dues, felt it addressed the problems, and had no problems with it.

It was apparent some members had not read the Policy or the By-laws, and were listening to rumors.

We urge all members to please read carefully both documents, you might be surprised to find they are quite positive, and would add to your future enjoyment of the Lake.

The Policy is not cast in “bronze”, but represents the best thinking of the Board, who is willing to listen to suggestions and ideas from our Members. If you see an area that could be improved, please notify any Board Member with you suggestion.

The Policy does not restrict a Member from renting out his/her home – which is on private property of which the Board and the Association has no control. 

It does however, address the use of the Beach and Boisen Road, which belong to the Association as a whole, and of which the Board has a duty to effectively manage the use for the benefit of all Members.

By-laws may be changed by the General Members or recommended by the Board. Changes must be approved by the General Members.

After carefully reviewing this document and the Judge’s decision, it is apparent, there is not much we can legally change, and still be in compliance with that legal decision. Quite honestly, the By-laws were designed to protect the interests of all members, and could be opposed by developers, who have a profit incentive.

Ben Kircher and Carol Kircher 

 Ben tendered his resignation due to the sale of the property within the 

Association. The Members conveyed the deep appreciation to both for their many years of dedication and hard work for the Association, and a letters of Commendation was presented to them.

We wish them well in their retirement.

Election of New Board Members

The Members voted to retain the current board Members.

There being no further business, a motion was made, and the Members voted to adjourn the meeting.

Fred M. Miller

Secretary

Board of Directors

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