Board of Directors Minutes 10/26/23

HIDDEN VALLEY LAKE PROPERTY OWNERS ASSOCIATION

BOARD OF DIRECTORS MEETING

Thursday, October 26, 2023 at 7:00 p.m. -8:30 p.m.– POA Lower Level

UNAPPROVED MINUTES

Board Members Present:  Jeff Fuell, Ken Horn, Grant Smiley and Robert Starks

Board Members Absent:  Donna Yetzer

Community Manager Present:  Dave Wismann

October 26, 2023 Motions:

  • Motion to Approve September 2023 Minutes—Board Secretary
  • Motion to Approve Performance Bonds for Return 10/26/2023—Architecture Committee
  • Motion to Approve Second Reading of Parking Pads Generally—Architecture Committee
  • Request for Variance for Jason & Amy Buysse, Lot # 1507H, 19807 Elm Drive. Requesting a 3’ variance on side setback for a trampoline—Architecture Committee
  • Request for Variance for Rick Naltner, Lot # 2122, 20797 Alpine Drive. Requesting a 1380 sq. ft. gravel parking pad.  A 357.5 sq. ft. concrete parking pad was approved and poured.  This gravel parking pad was installed with no permit or approval.—Architecture
  • Motion to Approve August and September Golf Course and POA Financials—Finance Committee
  • Motion to Approve 2024 Budget—Finance Committee
  • Motion for Flock Discussion—Safety, Security and Elections
  • Motion to Approve Election Panel Proposal—Safety, Security and Elections
  • Motion to Approve Election Policies and Procedures—Safety, Security and Elections
  • Motion to Approve Elections bylaw Change—Safety, Security and Elections
  • Motion to Approve Safety and Security Name Change—Safety, Security and Elections
  • Motion to Adjourn.

Call to Order:  Robert Starks

President, Robert Starks called the Board of Directors Meeting to order at 7:00 p.m.

Pledge of Allegiance:

The meeting began with the Pledge of Allegiance.

President’s Report:  Robert Starks

Please silence your phones.

Have you seen the Halloween decorations around the Valley?  Did you vote for your favorite?  It was difficult for me to choose a favorite, and it is fun to see the many decorations around the area.  During these very troubling times that we are living in it is refreshing to see the kindness and friendship that exists here in Hidden Valley.  On behalf of our many residents and the Childrens activities committee, thank you.

As a quick update, we have not heard from the State Attorney General’s office since we submitted our response to their enquiry.  But I understand from our forensic auditor that this is not uncommon as they review our documents.  Our Forensic Auditor’s investigation is continuing.  In the past week, he requested additional information from our Auditors, which is Flynn and company.  The forensic auditor is being thorough but so far has been complimentary on our methods and procedures.  We met yesterday, and the Auditor told David Wismann and me that his investigation is nearly complete, and so far, he has not found any irregularities, but he did request additional records that David will supply. He has also met with our attorney Jared Ewbank, and once he is completely satisfied, he plans to prepare a letter for the State Attorney General.  Of course, we will share that letter with you when it may be available.

As a follow up on Willie’s roof vent, Steve has been after the people who regularly clean his main hoods to come back and clean the one on the front of the building, but he has not been able to get them to do so.  Apparently, they have a tight schedule and may not get to it until they come out to clean the main hood systems.  Because it is unsightly, Steve plans to go ahead and get the roof shingles replaced as soon as possible.

I do not wish to steal David Wismann’s thunder, but I must mention that I happened to be in our main parking lot early one day last week.  There were two guys out there painting the new parking lot lines.  They were using equipment that was built in-house for the purpose of painting the lines, and they were doing a great job.  I could hardly believe how straight lines were when they were moving so quickly.  They wanted it to be done by lunch to not inconvenience Willie’s lunch crowd, and they did great.  A tip of the hat to our maintenance crew.

As you know, we hosted the Ohio Lake Communities Association recently and received lots of compliments.  One comment that was repeated several times was how open we are with our communication and information.  Our web site is open to the public; however, we caution everyone to be aware of possible scams and phishing attacks.  There have been some attempts to scam Board members, and we are working on ways to better safeguard our information.  Many communities only allow web access to registered lot and homeowners.  So, I could not get a lot of information online.  The second thing was that many have not updated their primary information such as cost.  I was asked specifically about Lake Lorilei for example.  Their cost data is from 2021.  As you know HVL did a major dredging of the main lake some time ago.  The Board of Lake Lorilie is looking at how to finance a major dredging project along with replacing the community building.  They were interested in how HVL accomplished it.  Lake communities like us typically have a number of amenities that must be maintained, and the OLCA visitors were impressed with our infrastructure.  It is evident that our community has much more to offer than what is typical.

Our next Board meeting is planned to be on December 7, 2023 at Willie’s with light refreshments served.

Also, please remember that a 3% fee for using credit cards will be implemented effective January 1, 2024.

Treasurer’s Report:  Jeff Fuell

Cash Position August 31, 2023: $953,533

Cash Position September 30, 2023: $934,267

Cash Position as of October 23 , 2023: $940,225

End of September:

Operating Funds (Cash day-to-day business and payroll) $534,140

Emergency Reserves $400,127

  • Additional $25,000 to be added

Update/Replacement Capital Reserve $0

  • Community Manager Responsibility

Future Capital Reserve $0

  • Respective Committee Responsibility

Capital Expenses Sept:  None $0

Capital Items for Escrow Sheet – Tentative POA Tech for Fiber + Server                        $25,000.25,000
Roads                                                             $250,000.300,000
Maintenance heavy equipment, (Tractor)     $45,000.4,7200
Pool Liner9,000
Vehicles1,0000
Major Building Repairs1,0000
Total401,200

Note:

  • All amounts are rounded to the nearest dollar.
  • HVL POA plans annually for a balanced budget (i.e., anticipated annual expenses are planned to not exceed anticipated annual income).
  • Some infrequent expenses are predictable such as replacement of vehicles, maintenance of our roads, the many lake dams, swimming pool liner, lake dredging etc. Funds are reserved each year to cover those future expenses and are included in the totals.
  • Projected cash at year end is generally equal to zero dollars plus reserved funds for above mentioned expenses as well as necessary reserves. Reserves include two months of operating capital, capital for asset purchases, and Architecture bond payments to be refunded.
  • All financials will be audited by an outside auditor annually.

Secretary’s Report:  Ken Horn

  • Approval of September 2023 Minutes made by Jeff Fuell and seconded by Grant Smiley.  Motion passed 4-0.

Community Manager’s Report:  Dave Wismann

Office

The office is closed Thursday and Friday, November 23-24 for Thanksgiving.

We are gearing up for the POA Board election season.  We have two seats, Donna Yetzer and Grant Smiley, up for election in 2024.  There will be announcements in the online version of Echoes, a banner on the homepage, a Listserv, and on the exit signs at various times throughout November.

Golf Course Report

The Pro Shop is open at 8:30 a.m. during the week and 8:00 a.m. on the weekend for November and will be closed Thanksgiving Day.  The course is open on Mondays (when there is no event).

Fiber Optics…

SEI/REMC continues installing fiber in homes, and their contractors are in the final phase of laying the main lines.  We met with installation crew leaders on Wednesday to reiterate the need to have traffic control, restore property as quickly as possible, and discussed several minor issues that have come up recently.  We clarified communications since we have several newer subcontractors working here.

Altafiber has begun upgrading their lines. Their area of service is limited to the northwestern side of HVL, and they have around 400 residents in this area.

Maintenance Team

The team has been striping the main roads and some parking lots.  We wanted to stripe from the front entrance to the POA and the hill between Sandamont and Highridge on Alpine, and some of Longview and Lakeview which were areas of concern.

The team will be sealing cracks on the last streets that were paved, beginning in October. We had a date set for October 24, but the company asked to move it to next week.

We will be opening the sluice gate and lowering the lake level on Monday, November 6.

We will be accepting Yard Waste at the designated area along the maintenance road from November 1-December 1.  We are still evaluating the yard waste project and we are still seeking a way to dispose of the shredded mulch.  For the time being, we will move the mulch to the 21-acre property on Stateline Road.

You may report any maintenance or stormwater issues by email to: forms@hvlpoa.net (which is also on the website) or by calling the office at (812)537-3091.

  • Resident questions Altafiber expansion of installation plans.  This would require board approval per community manager.

COMMITTEE AND CLUB REPORTS:

Architecture Committee Report:  Tom Cross

Lot # 2147H James Lightner

Property Address 1611 Sandamont Drive Bond Amount $500.00

City, State, Zip Lawrenceburg, IN 47025 Dues Owed $0

Fine/Fees Owed $0

Lot # 890H Jason Seiwert

Property Address 1092 St Moritz Court Bond Amount $500.00

City, State, Zip Lawrenceburg, IN 47025 Dues Owed $0

Fine/Fees Owed $0

Lot # 3086H Joseph & Geraldine Blust

Property Address 1534 Greenlawn Way Bond Amount $500.00

City, State, Zip Lawrenceburg, IN 47025 Dues Owed $0

Fine/Fees Owed $0

Lot # 1144H Timothy & Marcy Buechel

Property Address 20383 Meercham Way Bond Amount $500.00

City, State, Zip Lawrenceburg, IN 47025 Dues Owed $0

Fine/Fees Owed $0

Lot # 1277H/1276 Richard & Amanda Sowers

Property Address 421 Ivy Hill Drive Bond Amount $500.00

City, State, Zip Lawrenceburg, IN 47025 Dues Owed $0

Fine/Fees Owed $0

Lot # 694H/695 Julianna & Jeffrey Dickman

Property Address 1084 Sunset Drive Bond Amount $500.00

City, State, Zip Lawrenceburg, IN 47025 Dues Owed $0

Fine/Fees Owed $0

Lot # 397H Linda & Michael Chaney

Property Address 20287 Lakeview Drive Bond Amount $500.00

City, State, Zip Lawrenceburg, IN 47025 Dues Owed $0

Fine/Fees Owed $0

  • Motion to Approve Performance Bonds for Return 10/26/2023 made by Grant Smiley and seconded by Jeff Fuell.  Motion passed 4-0.

Second Reading:

Current bylaw:

4-23-1 Parking Pads Generally

a. Parking pads shall be contiguous and parallel to either the street or to the driveway

b. Parking pads must be a minimum of 8 feet wide and no larger than 360 square feet per lot

c. Multiple parking pads are permitted but the total square footage of all parking pads on any lot must not

exceed 360 square feet

d. Contiguous lots shall be considered as one lot

e. Parking pads must be constructed of concrete, asphalt, paver block, turf block, or gravel

f.  Requests for exemptions will be considered by the Architectural Committee on a case by case basis

Proposed Change:

4-23-1 Parking Pads Generally

a. Parking pads shall be contiguous and parallel to either the street or to the driveway.

b. Parking pads must be a minimum of 8 feet wide and no larger than 360 square feet per lot.

c. Multiple parking pads are permitted, but the total square footage of all parking pads on any lot must not exceed 360 square feet.

d. Contiguous lots shall be considered as one lot.

e. Parking pads must be constructed of concrete, asphalt, paver block, turf block or gravel.

f.  Requests for exemptions will be considered by the Architectural Committee on a case-by-case basis.

g. Parking pads are for the exclusive use of the property owner and their guests.

  • Motion to Approve Second Reading of Parking Pads Generally made by Grant Smiley and seconded by Jeff Fuell.  Motion passed 4-0.

Architecture Committee requests that residents do not rake or blow fallen leaves into the lake or surrounding areas during the fall season.

  • Resident requests clarification as to corporations building in the valley for potential rental properties and fees required to do so.
  • Resident request clarification on limit on size of driveway during build.  Architecture reports that driveways are built to width of garage.
  • Resident asks about Corporations allowing employees to live in home owned by corporation.
  • Resident requests to know how many rental properties we have in the valley.  Community manager reports that true rental properties have been sold off.

Request for Variance:

  • Request for Variance for Jason & Amy Buysse, Lot # 1507H, 19807 Elm Drive. Requesting a 3’ variance on side setback for a trampoline made by Grant Smiley and seconded by Jeff Fuell.  Motion passed 4-0.
  • Request for Variance for Rick Naltner, Lot # 2122, 20797 Alpine Drive. Requesting a 1380 sq. ft. gravel parking pad.  A 357.5 sq. ft. concrete parking pad was approved and poured.  This gravel parking pad was installed with no permit or approval.
  • Resident provided extensive description of parking pad installation process.  Request has been tabled at this time.  A new variance will need to be completed as changes are being requested by resident.
  • Resident provides further explanation of timeline and grandfathering of bylaws regarding parking pads and options for allowing parking pads.
  • Resident is notified to call POA office to speak to the Architecture Liaison.
  • Resident asks if there is a bylaw regarding “rocking” your whole yard—is gras required?  Answer is not currently known.
  • Resident asks if you are permitted to park in your grass.  Community Manager replies that parking is required to be on hard surfaces.

Finance Committee Report:  Kyle Packer

  • Motion to Approve August and September Golf Course and POA Financials was made by Grant Smiley and seconded by Jeff Fuell.  Motion passed 4-0.
  • Resident clarification regarding process from accepting budget was requested and replied to that there has been multiple meetings, multiple callout meeting sand conference calls.
  • Resident asks if any additional dues or assessments are planned.  Committee replies that only the increase that has been announced if planned.
  • Motion to Approve 2024 Budget was made by Grant Smiley and seconded by Jeff Fuell.  Motion passed 4-0.

Future Planning Committee:  George Lortz

  • The Future Planning Committee reviewed the status of the projects its two task forces are currently working on.

1) The primary effort of the Communications Task Force has been to assist in converting the Echoes from a printed issue to weekly on-line issue.

2) The primary effort of the 3R Task Force has been to compile a summary of wants and needs of the community with regard to refreshing, repairing and repainting the eight major areas within HVL.  That list will be given to the Board at the December Board Meeting.

  • The committee is working on two planning proposals involving the completion of the CMP and the Golf Club.
  • The committee is working on completing eight new by-laws changes that it plans to introduce to the Board in early 2024.

Lakes Committee:  Eric Fox

  • The sluice Gate on the main lake will be opened Monday, November 6, per the bylaw 7.5.1.a.  It usually takes a week to draw down, but we are already low and this is only a best guess.  The Lake remains open for use all year.
  • Reminder to those with boat lift canopies that the time is coming up to remove or roll up your canopy per the agreement.
  • The Lake light has been an issue.  If it is green AND it is dark, it is not okay to travel at full speed.  This is the rule: 7-9-3. Usual Hours Lake is Open to All Normal Activities a. The normal period of time for the main lake to be in open status is between 9:00 a.m. and sunset unless posted or otherwise noted. b. In the event the HVL POA traffic lights are not functioning, the Cincinnati Enquirer newspaper will be the determination of daily sunset time.
  • Fish Culling will have been completed.  We will be pushing the small lake study to 2024 due to scheduling and budget issues.  Baitfish TBD at a practical time.

Parks Committee Report:  Amy Ayers-Wilson

  • Georgetown clean up-THANKS to Dearborn County Anti-Litter Initiative, Dearborn County residents and HVL residents and staff, HVGC, Dearborn County Sheriff’s department, Bright Fire Department and Dearborn County Highway Department!!!  We hope to see all of you again in April for the spring clean-up.
  • Resident questions mulch for the playground at the 77 acre park.

Safety, Security & Elections Committee Report:  Dave Buschmiller

Halloween:

  • Reminder of road closures on 10/31 from 6:00 p.m.-8:00 p.m.
  • Lakeview closed from west Pool entrance to intersection of Longview and Lakeview (clarification is provided later in report).
  • Resident questions reason for road closures and if you can get through if you are a Resident.  Safety and Security responds that the closure is due to safety issues due to the amount of people that park at the pool and that you can get through the closure if you show your Hidden Valley ID.
  • Resident questions golf cart and side by side accessibility.  Safety and Security confirms there will be no vehicular accessibility during this time other than residents traveling to residency.
  • Resident requests streets such as Matterhorn and more prevalent areas for Trick-or-Treaters be considered in the future.  Safety and Security says they will take this into consideration.

FLOCK:

  • Motion to add FLOCK for Discussion made by Grant Smiley and seconded by Jeff Fuell.  Motion passed 4-0.
  • Resident asks if future costs have been considered for the FLOCK System.
  • In depth discussion occurs regarding consideration of FLOCK System.

Next Meeting:

  • Scheduled for Tuesday, Nov 07 at 6:30 p.m. in Conference Room in Community Center. (Election Day)

Motion to Approve Second Reading of Elections Panel Proposal bylaw change made by Ken Horn and seconded by Jeff Fuell.  Motion passed 4-0.

  • Resident questions being age 21 to serve on board.  This will be looked at by the committee.

Committee Name Change:

  • With approval of creation of Elections Panel, Elections no longer a sub of this committee.
  • Motion – to approve name change to Safety & Security Committee

Bylaws Change:

  • Motion to Approve Elections Panel Proposal made by Ken Horn and seconded by Jeff Fuell.  Motion passes 4-0.

Elections Panel Proposal

Note: Upon approval of the proposal, the numbering and positioning of this documentation in the By-laws shall be determined.

Elections Panel Purposes:

  1. The Elections Panel shall have the responsibility to oversee and conduct all POA Board Member Elections, recounts, recalls, special elections, referendum elections and elections protests.
  1. The Panel shall conduct above-stated elections according to the policies and procedures documented in “Section 1-3. Elections” of the HVL POA By-Laws.
  1. The Panel has the authority and responsibility to maintain and interpret the HVL POA By-Laws “Section 1-3 Elections” and make recommendations to the HVL POA Board of Directors for its amendment.

Elections Panel Membership:

  1. The HVL POA Elections Panel shall consist of three regular members – Chairperson, Vice-Chairperson and Secretary.  Candidates for the three regular member’s positions of the Elections Panel must be unanimously approved by the chairpersons of all POA Standing Committees.  The current Community Manager shall poll all standing committee chairs and the Judicial Panel to determine this approval.  After approval of the committee chairs is obtained, the candidate shall be presented to the Board of Directors for approval.
  1. Should one or more of the three regular members of the Elections Panel vacate their position(s), the remaining members of the Panel and POA Board members shall meet and determine a qualified replacement candidate.  Approval of the replacement candidate shall follow the procedure defined in Subsection a.
  1. In addition, the three regular members of the Elections Panel shall have sole responsibility to appoint temporary Panel members, designated as the Counting Team, for purposes of tallying HVL POA votes according to the most current Election Policies and Procedures.
  1. Due to the potential confidential nature of the business of the Panel and to avoid the potential of a conflict of interest, there shall be no requirement to assign a POA Board Liaison to the Panel meetings.
  1. The names of the HVL residents selected for the Counting Team shall remain anonymous.
  1. The initial staffing of the Elections Panel shall consist of the current members of the Elections Sub-Committee.

Elections Panel Meetings:

  1. All meetings called for the purpose of conducting Elections Panel business shall not be open to residents and property owners of HVL due to the potential personal confidential nature of the business.  Attendance at Elections Panel meetings shall be by appointment or invitation only.
  1. Minutes of all Elections Panel meetings shall be recorded and filed by the Elections Panel Secretary but shall remain confidential unless required for the settlement of issues considered of a legal matter.
  1. For POA Board Member Elections, an organizational meeting between the Elections Panel and POA Board members shall be conducted no later than six months before the date of the POA Annual Meeting for the purpose of selecting election deadline dates.
  1. For recounts, recalls, special elections or referendum elections, an organizational meeting between the Elections Panel and POA Board members, excluding any member who is a candidate in the election, shall be conducted as soon as possible after the initial announcement of the election event.
  • Motion to Approve Elections Policies and Procedures made by Ken Horn and seconded by Grant Smiley.  Motion passed 4-0.

3. Elections Policies and Procedures

Note: This documentation is intended to be a complete replacement of the current POA By-laws Section 3.

1-3-1. Purpose

The HVL POA Elections Panel and the HVL POA Board of Directors have approved the following Elections Policies and Procedures.  These Policies and Procedures shall remain in force until changed or amended upon recommendation by the HVL POA Elections Panel and approved by the HVL Board of Directors.

1-3-2. Definition of Terms for Elections

For the following HVL POA Elections Policies and Procedures, unless the context otherwise indicates when used in conjunction with the term, the definitions of the following terms apply:

  1. Nomination deadline date – The date specified by the POA Elections Panel and the POA Board of Directors as the deadline for receiving all nominations for Board of Directors’ elections.
  1. Ballot deadline date – The date specified by the POA Elections Panel and the POA Board of Directors as the deadline for receiving all ballots in a Board of Directors’ election, special election or referendum election.
  1. Ballot count date – The date specified by the POA Elections Panel as the date that the Counting Team Task Force shall meet to count all ballots in a Board of Directors’ election, special election or referendum election.
  1. Election date – The date specified by the POA Board of Directors of the HVL POA Annual Meeting in the case of an Annual HVL POA Board of Directors’ election or a specified date for special or referendum elections on which the POA election results are announced.
  1. Election protest deadline date – The date thirty (30) days after the election date.
  1. Outside mailing envelope – The envelope used by the POA office to mail election ballots to all HVL POA members and contains the ballot return envelope, the blue ballot envelope and the original ballot.
  1. Blue ballot return envelope – A preprinted envelope to be used by the HVL POA property owner to mail or deliver the white ballot envelope containing the completed ballot.
  1. White ballot envelope – A white envelope in which the completed ballot must be sealed to be considered valid.
  1. Counting Team Task Force – POA members in good standing appointed by the Elections Panel for the purpose of tallying HVL POA votes according to the most current Election Procedures.
  1. Incumbent HVL POA Board members – Those POA Board members who are currently seated.
  1. Open HVL POA Board Positions – Those positions on the POA Board that shall be filled by the current Board of Directors’ election.
  1. Qualified HVL POA member and/or membership – Any current HVL POA member with no outstanding dues, fees, fines, or assessment payments.
  1. List of Eligible Voters – A complete list of all HVL POA members qualified to vote in any POA election, arranged in alphabetical order, with the address of each member.
  1. Qualified HVL POA Board of Directors member candidate – Any current HVL POA member who meets all of the following criteria:
  1. Is an HVL POA member at least 21 years old and whose name is listed on their personal property deed.
  1. Has a personal email address accessible on a daily basis for the communication of POA confidential information.
  1. Is insurable under current HVL POA insurance policies without increased cost to the community for bonding.
  1. Is not currently an employee of the HVL POA.
  1. Is not a vendor or contractor of the HVL POA during the time of the election process.
  1. Is physically able to attend the required minimal number of HVL POA Board of Directors’ meetings.
  1. Is not currently involved in personal legal litigation against the HVL POA.
  1. Special or referendum election – An election conducted by the HVL POA Board of Directors or the HVL POA general membership from time to time to help conduct the business of the POA.
  1. Nomination Form – A preprinted form created and maintained by the Elections Panel and expressly used for the nomination of Board of Directors candidates.
  1. Election Process Period – The period of time which starts on the day of the opening of nominations until the Election Date at which the election results are announced.
  1. Election Protest Commission – An organization chaired by the current Chairman of the POA Judicial Panel and staffed by the Chairpersons of all the POA standing committees.

1-3-3. HVL POA Membership and Voting Rights

Each qualified HVL POA member and/or membership shall have one (1) vote in HVL POA Board of Directors’ elections, recounts, recalls, and special or referendum elections.

1-3-4. HVL POA Elections Panel Responsibilities

The Elections Panel shall have the responsibility to oversee and conduct all POA Board Member Elections, recounts, recalls, special elections, referendum elections and elections protests.

1-3-5. HVL POA Board of Directors Election Policies

  1. The HVL POA shall conduct elections in each calendar year for the purpose of electing members of the HVL POA Board of Directors.
  1. To be a member of the HVL POA Board of Directors, a person must be a Qualified HVL POA Board of Directors member candidate as defined in 1-3-2-n.
  1. The annual HVL POA Board of Directors election shall be conducted such that two, two, and one member(s) of HVL POA Board of Directors shall be elected every three consecutive years.  The length of term for an HVL POA Board of Directors’ member shall be three years.
  1. Election recounts may be conducted in the event of the filing of an election protest that is considered valid by the HVL POA Board of Directors.
  1. If at any time and for whatever reason the HVL POA Board does not have enough members between elections to fill all available positions, the incumbent HVL POA Board members shall fill the open position(s) by appointment.
  1. There shall be no deletions, additions or changes made to 1-3. Elections Policies and Procedures during the current election process period.
  1. Should an incumbent HVL POA Board member vacate their position on the Board during the current election process period, that position shall not be filled by any person nominated for election in the current period.

1-3-6. HVL POA Board of Directors Election Procedures

  1. The nomination forms for the HVL POA Board of Directors shall be made available on-line on the POA website or in printed form at the POA office.  A notice of the nomination deadline date shall be made public to HVL POA members via the following methods when possible, starting in November of the previous year.
  1. Displayed on the POA website home page.
  1. Printed in a minimum of a quarter page advertisement in the Echoes.
  1. Announced in monthly email messages.
  1. Announced at all HVL POA Board meetings.
  1. Included as an election notice placed in the first POA dues billing of each year which is mailed in January.
  1. Posted on all HVL Subdivision exit signs.
  1. In order to be considered a valid nomination, a completed candidate Nomination Form and current candidate photograph shall be submitted to the HVL POA Office no later than the nomination deadline date, which shall be at noon on the first Friday in February.  The two required items shall be submitted by the candidate or a representative of the candidate to a member of the POA office staff.  A signed receipt for the Nomination Form and photograph shall be given to that person at that time.  Nominations submitted in any other way or after the nomination date deadline shall be considered invalid.
  1. After the nomination deadline date, if there are exactly the same number of candidates running in the current election to fill all the open HVL POA Board positions, then an election shall not be required and the nominated candidates shall fill the open HVL POA Board positions.
  1. After the nomination deadline date, if there are less than enough candidates running in the current election to fill all the open HVL POA Board positions, then an election shall not be required and the nominated candidates shall fill the open HVL POA Board positions.  Any unfilled positions shall be filled pursuant to the rules concerning Board vacancy.
  1. After the nomination deadline date, candidate nominations shall be validated at the HVL POA Office to assure that each candidate is a Qualified HVL POA Board of Directors member candidate.  Every qualified candidate’s completed Nomination Form and photo shall be printed in the Echoes one and two months prior to the ballot deadline date.
  1. During the printing of the Board ballots, the order of the list of candidate’s names shall be altered such that each candidate’s name shall appear approximately the same number of times in each position of the list.
  1. A blue ballot return envelope, a white ballot envelope and an election ballot shall be mailed to all HVL POA members approximately two months prior the ballot deadline date.  All signed and sealed blue ballot return envelopes and sealed white ballot envelopes containing the completed election ballots shall be returned by mail or in person to the HVL POA Office by the ballot deadline date.
  1. Ballots returned after the ballot deadline date or not returned in a signed and sealed blue ballot return envelope and a sealed white ballot envelope shall be considered invalid.
  1. Signed and sealed blue ballot return envelopes shall be checked against the List of Eligible Voters by POA office personnel.  They shall also check for the correct name, which must be on the voter’s personal property deed, and then placed in the locked ballot box.  The key to the ballot box shall be kept by the Chairperson of the Elections Panel who shall open the box in the presence of the Counting Task Force.
  1. On the chosen ballot count date, the Counting Task Force shall open the blue ballot return envelopes, tally the total number of white ballot envelopes and separate the blue ballot return envelopes from the sealed white ballot envelopes containing the completed ballots.  The white ballot envelopes are then opened and the ballots removed for counting.  The Counting Task Force shall divide the ballots into batches and distribute them to designated counting teams, that shall go into separate rooms to tally the votes.  If there are any irregularities found on a ballot, that ballot is given to the Elections Panel Chairperson for later consideration.  If necessary, the counting teams shall trade election ballot batches and recount if a vote is close.
  1. The Elections Panel shall oversee the opening of the envelopes, the vote tally, record the final count and sign the final vote summary.  The ballots, envelopes, and vote summary shall then be locked back in the ballot box.  Results of the Board of Directors elections shall not be announced by any member of the Elections Panel prior to this time.
  1. Each candidate running for election to the Board must be notified of the election results at least thirty (30) minutes before the public notification of the results is announced.  The notification of the results to each candidate shall be made by the Chair of the Elections Panel.
  1. The vote summary, in a sealed envelope, shall be given directly to the person presiding over the HVL POA Annual Meeting or other specified election date.  Upon reading the vote summary, the open HVL POA Board positions shall be awarded to the candidates receiving the highest number of votes in descending sequence until all the open positions are filled.
  1. After the election date, all blue ballot return envelopes, white ballot envelopes and completed ballots shall be kept in the locked ballot box in the HVL POA office for a period of at least three months.

1-3-7. Special or Referendum Elections Procedures

  1. A blue ballot return envelope, white ballot envelope and election ballot and shall be mailed to all HVL POA members.  All signed and sealed blue ballot return envelopes, sealed white ballot envelopes and completed election ballots shall be returned by mail or in person to the HVL POA Office by predetermined ballot deadline date.
  1. Any ballot returned after the deadline date or not returned in a signed and sealed blue ballot return envelope and a sealed white ballot envelope shall be considered invalid.
  1. All signed and sealed blue ballot return envelopes shall be checked against the List of Eligible Voters by POA office personnel.  They shall also check for the correct name, which must be on the voter’s personal property deed, and then placed in the locked ballot box.  The key to the ballot box shall be kept by the Chairperson of the Elections Panel who shall open the box in the presence of the Counting Task Force.
  1. On the chosen ballot count date, the Counting Task Force shall open the blue ballot return envelopes, tally the total number of white ballot envelopes and separate the blue ballot return envelopes from the sealed white ballot envelopes containing the completed ballots.  The white ballot envelopes are then opened and the ballots removed for counting.  The Counting Task Force shall divide the ballots into batches and distribute them to designated counting teams, that shall go into separate rooms to tally the votes.  If there are any irregularities found on a ballot, that ballot is given to the Elections Panel Chairperson for later consideration.  If necessary, the counting teams shall trade election ballot batches and recount if a vote is close.
  1. Upon completion of the voting tally, the final totals shall be presented, in a sealed envelope, directly to the President of the HVL POA Board of Directors to be announced on the election date.  Results of Special or Referendum Elections shall not be announced by any member of the Elections Panel prior to this time.
  1. After the voting results have been announced, all blue ballot return envelopes, white ballot envelopes and completed ballots shall be kept in the locked ballot box in the HVL POA office for a period of at least three months.

1-3-8. Election Results Protest Procedures

  1. Any HVL POA member in good standing wishing to protest the results of an HVL election may do so by submitting their protest in writing by the election protest deadline date.
  1. A letter written to protest election results must include the name, address, and lot number of the HVL POA member making the protest and the reason for the protest.
  1. The previously constituted HVL POA Board of Directors shall determine by vote if the protest submitted is valid.  A simple majority vote shall determine the validity of the protest.
  1. Should a protest be determined to be valid, an election vote recount shall be conducted by the Elections Panel.

1-3-9. Election Protests During the Election Process Period

  1. During the election process period, any POA member in good standing may protest issues concerning the current HVL POA Board of Directors Election Policies (1-3-5) or HVL POA Board of Directors Election Procedures (1-3-6) directly to the POA Elections Panel by submitting their protest in writing.
  1. A letter written to protest must include the name, address, and lot number of the HVL POA member making the protest and the reason for the protest.
  1. Should the POA member submitting the protest disagree with the initial ruling by the POA Elections Panel, that person may escalate their protest to the Elections Protest Commission, which shall submit their recommendation on the protest to the HVL POA Board for approval.  The Board may approve or disapprove that recommendation by a simple majority vote.  During this process, any Board member directly affected by this vote shall recuse themselves from participation.
  1. Should a protest be determined to be valid, the POA Elections Panel shall take immediate action to remedy the protest and report the action taken at the next POA Board of Directors meeting and, if appropriate, to the Elections Protest Commission.
  • Motion to Approve Elections made by Ken Horn and seconded by Jeff Fuell.  Motion passed 4-0.

1-3. Elections

1-3-1.  Purpose

The HVL POA Safety, Security and Elections Committee and the HVL POA Board of Directors have approved the following Elections Policies and Procedures within Hidden Valley Lake.  These policies and procedures shall remain in force until changed or amended upon recommendation by the HVL POA Safety, Security and Elections Committee and approved by the HVL Board of Directors. 

1-3-2.  Definition of Terms for Elections 

For the following HVL POA Elections Policies and Procedures, unless the context otherwise indicates when used in conjunction with the term, the definitions of the following terms apply:  

a.  Nomination Deadline Date—The date specified by the HVL POA Board of Directors as the deadline for receiving all nominations for Board of Directors’ elections.

b.  Ballot Deadline Date—The date specified by the HVL POA Board of Directors as the deadline for receiving all ballots in a Board of Directors’ election, special election or referendum election.

c.  Ballot Count Date—The date specified by the HVL POA Board of Directors as the date that the Counting Team Task Force shall meet to count all ballots in a Board of Directors’ election, special election, or referendum election.

d.  Election Date—The HVL POA Annual Meeting in the case of Annual HVL POA Board of Directors’ elections or the specified ballot deadline date for special or referendum elections on which the POA election results are announced.

e.  Election Protest Deadline Date—The date thirty (30) days after the election date.

f.  Outside Mailing Envelope—The envelope used by the POA office to mail election ballots to all HVL POA members and contains the ballot return envelope, the blue ballot envelope and the original ballot.

g.  Ballot Return Envelope—A pre-printed envelope to be used by the POA member to mail or deliver the blue ballot envelope containing the completed ballot.

h.  Blue Ballot Envelope—A blue envelope in which the completed ballot must be sealed to be considered valid.

i.  Election Subcommittee—Safety, Security, and Elections Committee members selected for the purpose of administering all HVL POA elections and shall be comprised of a Chairperson, Vice-chairperson and Secretary.

j.  Counting Team Task Force—POA members in good standing appointed by the Elections Subcommittee for the purpose of tallying HVL POA votes according to the most current election procedure.

k.  Incumbent HVL POA Board Members—Those POA Board members who are currently seated.

l.  Open HVL POA Board Positions—Those positions on the POA Board that shall be filled by the Current Board of Directors’ election.

m.  Qualified HVL POA Member and/or Membership—Any current HVL POA member with no outstanding dues, fees, fines, or assessment payments.

n.  List of Eligible Voters—A complete list of all HVL POA members qualified to vote in any POA election, arranged in alphabetical order, with the address of each member.

o.  Qualified HVL POA Board of Directors Member Candidate—Any current HVL POA member who meets all of the following criteria:

1.  Is an HVL POA member, at least 21 years old, whose name listed on their property deed.

2.  Has a personal email address accessible on a daily basis for the communication of HVL POA confidential information.

3.  Is insurable under current HVL POA insurance policies without increased cost to the community for bonding.

4.  Is not currently an employee of the HVL POA.

5.  Is not currently a vendor or contractor of the HVL POA.

6.  Is physically able to attend the required minimal number of HVL POA Board of Directors’ meetings.

p.  Special or Referendum Election—An election conducted by the HVL POA Board of Directors or the HVL POA general membership form time to time to help conduct the business of the POA.

q.  Nomination Form—A preprinted form created and maintained by the Elections subcommittee and expressly used for the nomination of Board of Directors candidates.

(As amended 12/9/2021.)

1-3-3.  HVL POA Membership and Voting Rights  

Each qualified HVL POA member and/or membership shall have one (1) vote in HVL POA Board of Directors’ elections, recounts, recalls, and special or referendum elections.  

(As amended 12/9/2021.)

1-3-4.  HVL POA Safety, Security and Elections Committee Responsibilities 

The HVL POA Safety, Security, and Elections Committee shall choose from its membership an Elections Subcommittee consisting of a Chairperson, a Vice-Chairperson and a Secretary.  The Election Subcommittee is responsible for:

a.  Overseeing all elections, recounts, recalls, and special or referendum elections.

b.  Appointing a Counting Team Task Force.

c.  Maintenance of the “1-3 Elections” Policies and Procedures and the Nomination Form.

d.  Determination of the election procedure dates in cooperation with the HVL POA Board of Directors. 

1-3-5.  HVL POA Board of Directors Election Policies  

a.  The HVL POA shall conduct elections in each calendar year for the purpose of electing members of the HVL POA Board of Directors.  

b.  To be a member of the HVL POA Board, a person must be a Qualified HVL POA Board of Directors Member Candidate, as defined in bylaw subsection 1-3-2(o).

c.  The annual HVL POA Board of Directors’ election shall be staggered, wherein two Director seats shall be open for election in the first year, two Director seats shall be open for election in the second year, and one Director seat shall be open for election in the third year.  The office term for an HVL POA Board of Director term be three years.     

d.  Election recounts may be conducted in the event of the filing of an election protest, if the HVL POA Board of Directors finds the election protest to be valid.  

e.  If at any time and for whatever reason the HVL POA Board shall not have enough members between elections to fill all available positions, the incumbent HVL POA Board members may fill the open position(s) by appointment. 

(As amended 12/9/2021.)

1-3-6.  HVL POA Board of Directors Election Procedures  

a.  The nomination forms for the HVL POA Board of Directors shall be made available online at the POA website or in printed form at the POA office. A notice of the nomination deadline date shall be made public to HVL POA members via the following methods when possible, starting in November of the previous year: 

  1. Displayed on the POA website homepage;
  2. Printed in a minimum of a quarter page advertisement in the Echoes;
  3. Announced in monthly email messages.
  4. Announced at all HVL POA Board meetings;
  5. Included as an election notice placed in the first POA dues billing of each year, which is mailed in January; and
  6. Posted on all HVL Subdivision exit signs.

b.  Nominations shall be closed and forms received in the HVL POA Office by the nomination deadline date, which will be at noon on the first Friday in February.  In order to be valid, a current photo must accompany the completed Nomination Form.  The above two items shall be submitted to the HVL POA Office by the candidate or a representative of the candidate, if the candidate is unable to submit them in person.

c.  After the nomination deadline date, if there are exactly the same number of candidates running in the current election to fill all all the open HVL POA Board positions, then an election shall not be required and the nominated candidates shall fill the open HVL POA Board positions.

d.  After the nomination deadline date, if there are less than enough candidates running in the current election to fill all the open HVL POA Board positions, then an election shall not be required and the nominated candidates shall fill the open HVL POA Board positions.  Any unfilled positions shall be filled, pursuant to the rules concerning Board Vacancy  

e.  After the nomination deadline date, candidate nominations shall be validated at the HVL POA Office to assure that each candidate is a Qualified HVL POA Board of Directors Member Candidate.  Every qualified candidate’s completed Nomination Form and photo shall be printed in the February and March issues of the Echoes.

f.  During the printing of the Board ballots, the order of the list of candidate’s names shall be altered such that each candidate’s name shall appear approximately the same number of times in each position of the list.

g.  A ballot return envelope, a blue ballot envelope and an election ballot shall be mailed to all HVL POA members by the third Monday in March.  All signed and sealed ballot return envelopes and sealed blue ballot envelopes containing the completed election ballots shall be returned by mail or in person to the HVL POA Office by the third Monday in April, hereinafter called the ballot deadline date.

h.  All ballots returned after the ballot deadline date or not returned in a signed and sealed ballot return envelope and a blue ballot envelope shall be considered invalid.

i.  All signed and sealed ballot return envelopes shall be checked against the List of Eligible Voters by POA office personnel.  They shall also check for the correct name, which must be on their deed, and then placed in the locked ballot box.  The key to the ballot box shall be kept by the Chairperson of the Elections subcommittee who shall open the box in the presence of the Counting Task force.

j.  On the chosen ballot count date, the Counting Task Force shall open the ballot return envelopes and separate the ballot return envelopes from the sealed blue ballot envelopes containing the completed ballots.  The blue ballot envelopes are then opened and the ballots removed for counting.  The Counting Task Force shall divide the votes into batches and distribute them to designated counting teams, that shall go into separate rooms to tally the votes.  If there are any irregularities found on a ballot, that ballot is given to the Elections Subcommittee Chairperson for later consideration.  If necessary, the counting teams shall trade election ballot batches and recount if a vote is close.

k.  The Elections Subcommittee Chairperson shall oversee the opening of the envelopes, review the vote tally, record the final count, and sign the final vote summary.  The ballots, envelopes, and vote summary shall then be locked back in the ballot box.  Results of Board of Directors elections shall not be announced by any member of the Elections Subcommittee prior to this time.

l.  Each candidate running for election to the Board must be notified of the election results at least 24 hours before the public notification of the results is announced.  The notification of the results to each candidate shall be made via an email or personal phone call from the Chair of the Elections Subcommittee.

m.  The vote summary, in a sealed envelope, shall be given directly to the person presiding over the HVL POA Annual Meeting.  Upon reading the vote summary, the open HVL POA Board positions shall be awarded to the candidates receiving the highest number of votes in descending sequence until all the open positions are filled.

n.  After the HVL POA Annual Meeting, all ballot return envelopes, blue ballot envelopes and completed ballots shall be kept in the locked ballot box in the HVL POA office for a period of at least three months.

(As amended 12/9/2021.)

1-3-7.  Special or Referendum Elections Procedures

a.  A ballot return envelope, blue ballot envelope, and election ballot, shall be mailed to all HVL POA members.  All signed and sealed ballot return envelopes, sealed blue ballot envelopes, and completed election ballots shall be returned by mail or in person to the HVL POA Office by ballot deadline date.

b.  Any ballot returned after the deadline date or not returned in a signed and sealed ballot return envelope shall be considered invalid.

c.  All signed and sealed ballot return envelopes shall be checked against the List of Eligible Voters by HVL POA office personnel.  They shall also check for the correct name, which must be on their deed, and then placed in the locked ballot box.  The key to the ballot box shall be kept by the Chairperson of the Elections Subcommittee, who shall open the box in the presence of the Counting Task Force.

d.  On the chosen ballot count date, the Counting Task Force shall open the ballot return envelopes and separate the ballot return envelopes from the sealed blue ballot envelopes containing the completed ballots.  The blue ballot envelopes shall then be opened and the ballots removed for counting. The Counting Task Force shall divide the votes into batches and distribute them to designated counting teams, which shall go into separate rooms to tally the votes.  If there are any irregularities found on a ballot, that ballot is given to the Elections Subcommittee Chairperson for later consideration.  If necessary, the counting teams shall trade election ballot batches and recount if a vote is close.

e.  Upon completion of the voting tally, the final totals shall be presented, in a sealed envelope, directly to the President of the HVL POA Board of Directors to be announced on a designated date.  Results of Special or Referendum Elections shall not be announced by any member of the Elections Subcommittee prior to this time.

f.  After the voting results have been announced, all ballot return envelopes, blue ballot envelopes and completed ballots shall be kept in the locked ballot box in the HVL POA office for a period of at least three months.

(As amended 12/9/2021.)

1-3-8.  Election Results Protest Procedures

a.  Any HVL POA member in good standing wishing to protest the results of an HVL election may do so by submitting their protest in writing by the election protest deadline date. 

b.  A letter written to protest election results must include the name, address, and lot number of the HVL POA member making the protest and the reason for the protest. 

c.  The previously constituted HVL POA Board of Directors shall determine by vote if the protest submitted is valid. A simple majority shall determine the validity of the protest. 

d.  Should a protest be determined to be valid, an election vote recount shall be conducted by the Elections Subcommittee.

(As amended 12/9/2021.)

  • Motion to Approve Safety and Security Name Change made by Jeff Fuell and seconded by Grant Smiley.  Motion approved 4-0.

Civic Club Report:  Kevin Grosse

  • Remaining CC Events to finish out the year:

October 28, 2023 7:00 p.m. – Midnight Halloween Party at the Golf Course

December 2, 2023 4:30 p.m. – 6:30 p.m. Tree Lighting around the Gazebo

December 2, 2023 7:00 p.m.– Midnight Jingle Jam in Willie’s Basement

January 1, 2024 11:30 a.m. – 1:00 p.m. Polar Plunge at the Beach

Old Business:  

Not addressed

New Business:  

  • Resident requests a security speed sign coming into Valley on Morningside.  Other streets are requested as well.  Discussion regarding rotation of signs takes place.  Residents are informed there are limited signs due to cost restraints.

Adjournment:  

  • Motion to Adjourn made by Jeff Fuell and seconded by Grant Smiley.  Motion passed 4-0.

Now is the best time to sign up for Automatic Monthly Dues Payments

  • Pay your January 2024 dues in full by 1/31/2024.
  • Fill out the form to begin monthly payments toward your July 2024 dues on the 15th of each month beginning February 15th.

Sign up forms need to be received by February 7th, 2024.

Email to forms@hvlpoa.net, send by mail, place in the secure drop box, or bring into the POA office.

Example of a monthly payment:  If your semi-annual dues are $563.50 your monthly automatic payments will be $ 93.92 each month.