PINELOCH PERSPECTIVE

August/September 2004

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Who's Who at Pineloch
Election Held May 26th, Next Meeting September 30th
Final Open Board Position Filled
Call for Candidates
Deed Restriction Spotlight
PCA Board Meeting Summary - June
Members' Questions Addressed
Volunteers Needed for New Committees
2004 Annual Members Meeting September 30th
By-Law Amendments Ready For Vote
PCA Board Meeting Summary - July
PCA Board Meeting Summary - August
ACC Roof Replacement Requirements
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Who's Who at Pineloch

BOARD OF DIRECTORS

Clif Twaddle, President
ARC/Reserve Fund Committees
email: Click here to email Clif Twaddle

Shirley Hammond, Vice President
By-Laws/ARC Committees
email: Click here to email Shirley Hammond

Clayton Marcelle, Treasurer
Finance/Bid Policy Committees
email: Click here to email Clayton Marcelle

David Glover, Secretary
Communications/Parks & Grounds Committees
email: Click here to email David Glover

Allen Campo, Director
Parks & Grounds/Bid Committees
email: Click here to email Allen Campo

MANAGEMENT

Community Management Solutions
2615 Bay Area Boulevard

Kathy Dooley, Association Manager
email: Click here to email CMSI

Voice: 281-480-2563
Fax: 281-480-2608

Office Hours: Monday through Friday, 8:30 a.m. to 5:00 p.m.

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Election Held May 26th, Next Meeting September 30th

A Special Meeting of the Pineloch Community Association membership was held at Ward Elementary on May 26th.  Elections were held for three positions on the Board of Directors, for which terms had expired in September 2003.

After a slide show presentation and summary of Association accomplishments in the past year, the floor was opened for nominations.  Candidates for election included Allen Campo, Shirley Hammond, Clayton Marcelle, Clif Twaddle and David Ugwu.  Each candidate gave a brief overview of their qualifications and reasons for running for election, followed by a question and answer session for the candidates.  The vote was called, and presentations continued while the ballots were tallied.

Board Vice President Clif Twaddle recognized outgoing Board member James Simmons for his hard work on behalf of the community.  Mr. Twaddle also presented an overview of the 2004 budget and year to date performance, as well as the Association's assessment fee history.

A general question and answer session followed.  Election results were announced, with Shirley Hammond, Clayton Marcelle, and Clif Twaddle (incumbent) winning election to the Board.

The next member's meeting will be the 2004 Annual Meeting, to be held on September 30th at Ward Elementary.  Elections will be held for two positions on the Board of Directors.  Voting will also be conducted on a number of proposed By-law amendments (see related articles).

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Final Open Board Position Filled

In accordance with Association By-laws, the Board of Directors has filled the open unexpired term created by the resignation of former Board President Dana Olivo.  At a special Board meeting held June 2nd, Allen Campo was appointed to fill the position.  Mr. Campo will serve the remainder of the term, which expires in September.
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Call for Candidates

Members Interested in running for a Board position in September are asked to contact Nominating Committee Members Shirley Hammond, Clayton Marcelle, or Clif Twaddle for additional Information or to place your name on the ballot.
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Deed Restriction Spotlight

Declaration of Covenants, Conditions and Restrictions, Article VII, RESTRICTIONS OF USE Section 15. Lot Maintenance

All lots shall be kept at all times in a sanitary healthful safe and attractive condition and the Owner or occupant of any Lot shall keep all weeds and grass thereon cut and shall in no event use any Lot for storage of material and equipment except for normal residential requirements and those requirements incident to construction of improvements thereon as herein permitted or permit the accumulation of garbage, trash or rubbish of any kind thereon, and shall not burn any garbage, trash or rubbish except by use of an incinerator approved by the Architectural Control Committee and then only as permitted by law.

Architectural Guidelines, III. MAINTENANCE, B. YARD MAINTENANCE

All lots shall be kept in a healthful and attractive condition, all weeds removed and grass regularly mown and edged.  Dead plants, trees, and bushes shall be promptly removed from the property.  There must be no storage of toys, equipment, clutter and/or debris in public view.
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PCA Board Meeting Summary - June

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Members' Questions Addressed

Residents submitted written questions at the May 26th Members Meeting, many of which could not be addressed in the time allotted.  The following is a brief summary of some of those issues, by category:

COMMON AREAS, PARKS, GREENBELTS

FINANCIAL/ADMINISTRATIVE ISSUES

POLICE/CRIME

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Volunteers Needed for New Committees

The Pineloch CA Board of Directors is recruiting volunteers to serve on a variety of committee positions that have been created.  Board members hope to involve more community members in the activities of the Association, as well as tackle a number of outstanding issues that need to be addressed.  A list of the committee names and the Board liaisons to each commitee follow.  Please contact the appropriate Board member or CMSI for additional information or to volunteer.

STANDING COMMITTEES

AD HOC COMMITTEES

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2004 Annual Members Meeting September 30th

The 2004 Annual Membership Meeting of the Pineloch Community Association will be held on Thursday, September 30, 2004 in the cafeteria at Ward Elementary School.  Registration will begin at 6:30 p.m., with the meeting scheduled for 7:00 p.m.  The purpose of the meeting is to vote on proposed By-law amendments and to hold elections for positions on the Association's Board of Directors.

A quorum of 10% of the membership present in person or by proxy will be required in order to conduct business at this meeting.  Given the number and significance of the issues to be voted upon, we strongly urge our membership to make every effort to participate.  A proxy form was included in the meeting notice for those who will be unable to attend.  The proxy provides you with three options: you may either designate a representative to vote for you at the meeting, with voting instructions marked on the proxy, or you may designate a representative who will cast your vote at his/her discretion.  You may also choose to mark your proxy for quorum purposes only.  Proxies marked in this fashion will be accepted, however, we strongly urge each of you to exercise your right to a vote on these issues.  As a reminder, the representative designated on your proxy must be present at the meeting in order to cast your vote.  Additionally, all proxies must be notarized.

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By-Law Amendments Ready For Vote

One of the commitments made by the Board of Directors at Our May Members Meeting was an overhaul of the Association's By-Laws.  The By-Law Committee, under the direction of Shirley Hammond, has been hard at work reviewing the PCA By-Laws, comparing proposed amendments with the provisions of the Association's Articles of Incorporation and Deed Restrictions, and verifying that the amendments are still in compliance with other regulatory requirements.  The Committee addressed the need for both functional and grammatical collections in the document.  The result is a comprehensive package of twenty separate amendments to the Association's By-Laws, described below, to be presented for vote at the Annual Members Meeting on September 30th.

We are aware that the amendment package does not include all of the amendments previously under consideration.  After careful consideration and consultation with the Associations' legal counsel, the Board determined that certain proposed amendments were either inappropriate or ill advised.  Specifically, ARTICLE III MEETINGS OF MEMBERS, Section 5, Proxies:.  The Board supported some sort of limit on the number of proxies that any individual could carry.  Unfortunately, we find that a superior document (our Articles of Incorporation) allows owners to assign their proxy to anyone they designate, and limiting proxy counts could prevent a homeowner from assigning their proxy to the person they wished to designate.  We consulted a lawyer, who advised that a proxy limit would be in direct conflict with the Articles of Incorporation, and he recommended strongly against limiting proxies for this reason.  We note that the Articles can be amended, but that doing so requires the assent in writing of 2/3 of the entire membership.  The Board does not believe that this can be achieved without very active community support and lengthy preparation time.  As a result, no changes to this section are being proposed.

The following is a summary of the By-Law amendments to be proposed and presented for vote at the September 30th Meeting.  Please take the time to review this information thoroughly.  If you have any questions concerning the amendments, please feel free to contact any Board member, or Association Manager Kathy Dooley.  Additional information, current By-Laws, and email addresses can be found on the Association's web site, under "Association Information".

ARTICLE III:  MEETINGS OF MEMBERS

1) Section 1, meetings of Members:  Annual meeting date is specified as during the month of August.  That often is too close to start of school.  Recommend changing date of Annual Meeting from "month of August" to "Third Quarter".

2) Section 2, Special Meetings:  Recommend deleting reference to "Class A members".  A separate class once existed for property owned by Friendswood Development Company.  Classes of members expired in 1996 and no longer exist.  Recommend deleting "Class A" for future clarity.

3) Section 3, Notice of Meetings:  As a result of a prior revision, Bylaws do not currently require written notice for Special Meetings.  Recommend revisions to require written notice for both Annual & Special Meetings, and to required notice to be provided by the Association (as opposed to by the Secretary or the person authorized to call the meeting.)

4) Section 4, Quorum:  Recommend correcting typo in last sentence to change "then" to "than".

5) Section 6, Parliamentary Procedure - Meetings of Members (new section):  Require use of Robert's Rules for all Meetings of the Members, and to allow Board to adopt a specific version and edition of Roberts if so desired.

ARTICLE IV:  BOARD OF DIRECTORS:  SELECTION AND TERM OF OFFICE

6) Section 1, Qualifications:  Revised language regarding candidates for board, to clarify that they may not be delinquent in any payments to the Association and may not be a party in any litigation by or against the Association.

7) Section 2, Term of Office:  End of term is not clearly defined in current By-Laws.  Recommend revising this section to define end of term:  Directors shall serve until their successors are elected or appointed and qualified.

8) Section 3, Removal:  Retitled "Removal and Resignation of Directors from the Board" Modified removal requirements from majority of Membership to 2/3 majority vote at a meeting at which a quorum of 20% of the Membership is present in person or by proxy.  Clarified that resignation is effective upon notice and that no acceptance is necessary.

9) Section 5, Action Taken without a Meeting:  Current policy allows decisions outside Board meetings only if decision is unanimous and documented in writing.  Added language to allow the Board to adopt a voting policy to keep up with technology (such as email.)

ARTICLE V:  NOMINATION AND ELECTION OF DIRECTORS

10) Section 1, Nomination:  Dropped sentence which suggested that nominating committee would remain in place for a year after the annual meeting.  Corrected typo in next to last sentence, changing "then" to "than".

11) Section 2, Election:  Added "Cumulative voting is prohibited" to clarify that Members may cast only one vote per candidate.

ARTICLE VI:  MEETINGS OF DIRECTORS

12) Section 1, Regular Meetings:  Corrected typo in last sentence, changing "some" to "same".

13) Section 3, Quorum:  Three Board members are required for a quorum.  If attrition causes Board to drop to two members then the Board could no longer conduct business (including appointment of additional members.)  Added "In the event that the number of vacancies on the Board of Directors precludes reaching quorum requirements, the President of the Board shall call a Special Meeting of the members, the purpose of which shall be to fill the vacant positions."

14) Section 4, Parliamentary Procedure (new section) Require use of Robert's Rules for all Board meetings, and to allow Board to adopt a specific version of Roberts if so desired.

ARTICLE VII:  POWERS AND DUTIES OF THE BOARD OF DIRECTORS

15) Title of Article - made "Powers" plural Section 1, powers:  In paragraph c, revised wording to clarify that a Director can be removed from the Board (not that an officer can be removed from office but left on the board) after missing 3 meetings.  Section 2, duties:  In paragraph (a), deleted reference to Class A members.  In paragraph (c)(3) corrected typo, changing "low" to "law".

ARTICLE VIII:  OFFICERS AND THEIR DUTIES

16) Section 1, Enumeration of Offices:  Corrected typo, changing "members or the Board" to "members of the Board".  Section 3, Term:  Clarifying end of term:  Defined that officers shall hold office "through the next annual meeting"

17) Section 5, removal and resignation:  Clarified that officers may resign their office, seeking to clarify that they can resign from office without resigning from the Board.

18) Section 8, Duties:  In both (c) Secretary and (d) Treasurer, added "or designee" to clarify that responsibilities may be delegated.  The purpose is to specifically allow Management Company to conduct certain tasks.

ARTICLE XI:  ASSESSMENTS

19) Deleted "or fee" from near beginning of second sentence to match wording elsewhere in this paragraph.  Correct typo in middle of third sentence, changing "some" to "same".

ARTICLE XII:  APPEALS

20) Section 5, Further Action:  Separated into two sentences to better clarify intent.

Again, please take the time to review this information, and come prepared to vote on the issues presented at our September meeting.  Many thanks to Shirley Hammond and to the By-Laws Committee for their hard work on this issue.
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PCA Board Meeting Summary - July

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PCA Board Meeting Summary - August

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ACC Roof Replacement Requirements

The Pineloch ACC has noted an increased number of applications being submitted for roof replacements.  In order to help expedite approval of these requests, the ACC requirements for shingle color are outlined below.

Homeowners should be aware that their current roof color is likely different that the way it used to look when it was new.  Old composite shingles frequently have mildew, which turn them darker.  In addition, old shingles have lost a significant portion of the gravel that provides color.  Please refer to the list below of major manufacturers for the name they use to market their weathered-wood color shingles.  Homeowners who select other brands are advised to provide a sample for the ACC to review.

All new roofs must be the same "architectural" style as was originally installed on homes.  Three-tab singles are not permitted.  Please refer to the Pineloch ACC Guidelines for further requirements.

Shingle Manufacturer Shingle Color Name
Atlas Roofing Corporation weathered-wood
Certainteed Corporation weathered-wood
Elk Premium Roofing weathered-wood
GAF Materials Corporation weathered-wood
Owens Corning driftwood
Malarkey Roofing Company    weathered-wood
Tamko Roofing Products weathered-wood

The above list may not include all available manufacturers.  The Pineloch ACC does not recommend any one brand over another.  The ACC does recommend that homeowners ask their insurance agent about discounts available for qualified new composite roofing materials that provide better resistance to hail and windstorm damage.

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Comments and questions about the Pineloch Community Association may be emailed to the Management Company at CMSI.

Comments and questions about the PCA web site may be emailed to the site curator at lhouk <AT-SIGN> lesliehouk.com.  (NOTE: Be sure to put "PINELOCH" or "PCA" in the message subject line, so my spam filter doesn't kill it before I see it!)

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