February 24, 2003



MEMBERS PRESENT:                 Barbara Key, David Randle, Rob Sauerwalt


MEMBERS ABSENT:                    Franc DiBari (excused), Dave Hausfeld


OTHERS PRESENT:                     Hope Carmichael – attorney, Mary Norbech - HRW Inc., Connie Friedline, David Kester, Janis Kester, Karen Bingham, Tim Ruff, Joe DiBari, Gary Jaluvka, Kimberly Sinnot


CALL TO ORDER:                          The meeting at the clubhouse was called to           order at 6:00 p.m.




-David Kester asked why the HOA attorney was present.  Barbara responded that there are several issues where the Board needs to seek legal counsel.

-Kimberly Sinnot asked if there was going to be a special community vote on whether or not to approve a change to the Architectural Standards and Specifications to allow white vinyl fences in Charleston Village.  Hope Carmichael, HOA attorney, responded that there would be no special community vote.  A petition requesting a special vote must be signed by 25% of the HOA membership (one signature per lot) and presented to the management company or directly to the Board Secretary.  Once verified, the Secretary would call a special meeting.  Hope wrote the statute on how to do this for the State of North Carolina.

-There was discussion about what is an appropriate subject for a neighborhood vote.  Hope said not a vinyl fence.

-David Kester asked what it would take to get a white vinyl fence in Charleston Village.  Hope replied that the Board can grant a vinyl fence or that the Covenants can be amended to allow vinyl fences by a vote to do so by two thirds of the membership.

-Kimberly Sinnot said that a letter-writing campaign could be initiated mailing requests for the fence to the Board daily.  Hope responded that there is a point where that course of action would be harassment.

-Hope asked when the first application for a white vinyl fence was submitted by David Kester.  David K. responded that it was submitted March of 2002.  Janis Kester said that she remembered a meeting with the Board on the left and the Architectural Review Committee (ARC) on the right where there was an argument over what body has approval authority and that the Board said that the ARC had approval authority.  Barbara asked if the Kesters had the required written approval.  David K. said no, that they assumed that they did not need written approval.  Barbara said that written notification of approval or denial has always been part of the process and is required.

-Janis Kester said that she and David K. have spoken to 100 or so neighbors.  She says that neighbors want to know why the Kesters are not getting approval when so many other things go through without a review or a challenge.

-David Kester asked why a request for a variance in a mailbox was denied.  Barbara said that the request for approval of a nonstandard mailbox was going through the process.

-Hope said that the Kesters’ personal request for a white vinyl fence was denied, that the Architectural Review Board (ARB) received a proposal for changing the Architectural Standards and Specifications to allow white vinyl fences and forwarded a recommendation to the Board of Directors, and the Board of Directors would vote on whether to ratify or reject the ARB recommendation at this meeting.

-The Board extended the Open Forum period for continued discussion.

-Karen Bingham stated that while having no position on the fence, that she feels that the Board should not start a trend of changing the Covenants.  She says that some do not follow the Covenants.

-David K. says that the Kesters collected over 50 proxies to vote in favor of allowing white vinyl fences.  Janis K. says that this number is more like 84 residents.

-Connie Friedline asked if the Board has ever approved any other changes to the guidelines.  Barbara answered none to date.

-Tim Ruff asked what the Board is going to do about Christmas lights that have not been removed.  Mary responded that HRW has mailed notice to everyone who had not removed holiday decorations as of thirty days following the holidays.

-David Kester asked why property value was listed as one of the reasons that the ARB recommended denying the proposed guideline changes to allow a white vinyl fence.  Barbara responded that the ARB felt that wood next to white vinyl would negatively impact the property value of surrounding properties.

-Kimberly Sinnot stated that pressure treated lumber would leach toxins into the ground and that this would not occur with vinyl fencing.

-David Kester said that different style fences are next to each other now in Charleston Village.

-Gary Jaluvka said that the Board cannot just look at vinyl fencing.  The guidelines would need to be expanded/examined for a wide variety of fence types and styles.




The December 23, 2002 minutes were approved without modification.  Motion to approve, Rob.  Approved unanimously.








-                     Tim Ruff reported that, in an attempt to clear up gray areas in the Architectural Standards and Specifications, the Architectural Review Committee (ARC) plans to propose modifications to the Architectural Standards and Specifications to the Architectural Review Board (ARB).  Rob asked Tim to verify that he means changes to content and verbs.  Tim verified that this is what he means.

-                     Tim says that David Kester, a member of the ARC, found a Website with a checklist format for architectural specifications.  Tim will forward the site address to the ARB.




-           Barbara reported that there are no issues for the Board and that the committee continues to look for new members and a new Chair.




-           There was no report from the Communications Committee.




-           There was no report from the Grounds Committee.




-                     Karen Bingham reported the following:

-               The Pool Committee would like the pool guidelines to prohibit “boogie boards” in the pool due to safety concerns and that using them takes up a lot of room in the pool.

-               The Pool Committee would like the pool guideline concerning swim diapers in the pool rephrased so that it requires swim diapers and rubber pants as there have been accidents in the pool where the swim diapers were not sufficient.

-               The committee is working on an arrangement with the YMCA to provide swim lessons at the pool.

-               Pool furniture has been ordered.

-               The Social Committee asked if pool furniture can be left out after the close of the pool season.  New South Pools does not handle the furniture after the close of the pool season.  For liability reasons, New South Pools needs to be the one to store the pool furniture.

-               The Pool Committee proposed that people sign that they have received and read a copy of the current pool rules when they first sign in with the pool attendant during the pool season.  Hope says that this can bolster a case where penalties need to be imposed for pool rules violations.  The Committee realizes that they will not get signatures of those who use the pool when the pool attendant is not there.




-           Brett Etter presented details on a proposed budget for 2003.

  Brett answered questions about items in a section of the proposal titled “Additional Expenditures Needing Authorization.”

-Community Directory—The Social Committee does not consider the Community Directory expense part of the Social Committee budget.  They would like to reduce the cost to Charleston Village through soliciting advertising and through donations.  They ask that the rest be covered through funds outside of what is budgeted to the Social Committee.

-         Brett made a motion that the Social Committee be allowed to collect funds by selling advertising internal and external to Charleston Village residents.  Rob provided a second.  The Board voted unanimously to approve the motion.  Checks need to be made payable to Charleston Village.

-David R. suggested that the Social Committee work with the Communications Committee to develop advertising guidelines and pricing and to coordinate efforts when soliciting advertising.  Also, the Social Committee can work with the Communications Committee to post on a request for information from those who have not yet returned the directory information.

-     Brett says that Michelle Hale is organizing production of the directory and that her company will donate toner for printing the directory if we note their company name in the directory.

-Clubhouse Tables/Chairs and Kitchen Furnishings—Brett will send a comprehensive list of what is needed to Rob.  Rob will distribute this information to the Board.

-Rob made a motion that a vote on the Social Committee budget be tabled until the Social Committee can provide a summary of all funds.  Rob and David R. voted in to approve the motion.  Barbara abstained.  Motion approve to table the vote.

-Connie Friedline asked Barbara about kits for the Safety Fair.  Barbara will contact the Social Committee with information regarding the kits.




-Rob reported that we are on target for the budget.

-Rob asked that HRW make sure that the bond maturity dates in the financial reports are updated.  Some rolled and were not updated.

-Rob asked that HRW make sure that the financials are included in the packets mailed out for the Board meeting.  They were missing this last time.




Mary reported that a crepe myrtle at the front entrance was destroyed and that she authorized Fontaine Landscaping to replace it.




1. Power washing common area steps, fences, and gazebo.  Barbara motioned that this issue be tabled for further discussion until the next Board meeting.  Motion approved unanimously.


2. Proposal to clean clubhouse.  Barbara reported that she is still checking references.  Rob motioned that this issue be tabled until the next Board meeting so that this work can be completed.  Rob and David R. voted to approve the motion.  Barbara abstained.




1. Review of Architectural Review Board (ARB) recommendation: reference Architectural Guideline Change.  The ARB recommended to deny the proposed guideline change allowing Bufftech white vinyl Yorkshire style fence, white only, 4’ model only.  Rob and David R. voted to uphold the ARB recommendation to deny the proposed guideline changes as written.  Barbara abstained.

-      Barbara explained the considerations behind the ARB recommendation.  One consideration is that the ARB felt that the style of fence described in the proposed guideline change would detract from the property value of surrounding properties as a property may be positioned between a natural wood fence and a white vinyl fence.  Another consideration was that the ARB felt that the style of fence described in the proposed guideline change would compromise the natural beauty of the development.

-      Rob stated that we are voting on this very specific set of proposed guideline changes.

-      David R. agreed that the proposed guideline changes were very specific in that they name one brand, style, and model of a white vinyl fence.  Trying to address the perceived intent of the homeowner who originally proposed the guideline changes, David said that he researched white vinyl fences in general.  An appraiser he contacted says that white vinyl fences have no affect on property value whatsoever.  Viewing installed white vinyl fences in other neighborhoods raised issues such as how the fences fit the contour of sloped property and how damaged fences might be repaired/replaced if the company that manufactured the parts is no longer in business.  A number of websites said that vinyl fencing can show mildew and occasionally needs to be cleaned with a cleaner such as Soft Scrub (Care and Maintenance information for Bufftech vinyl fences named additional chemicals).  This last point was only brought forward in relation to arguments made during the open forum that potentially harmful chemicals would not be associated with vinyl fencing as opposed to fencing built from pressure treated lumber.


2. Procedures for obtaining Architectural Approvals.  Barbara motioned to mail a copy of the Procedures for obtaining Architectural Approvals to each house in Charleston Village and to include the procedures in the upcoming newsletter.  Approved unanimously.


3. Clubhouse rental procedures/Board calendar.

-            David suggested that the per day fee be changed to something like per rental so that we can rent more than one event per day.  Mary suggested “per event.”

-      Barbara suggested that a start and end time be entered per event.

-      David suggested that the Board members would have an “inventory sheet” for the walk-thru.

-      David suggested change #1 so that the earliest access time be moved from 11:00 A.M. to 9:00 A.M.

-      David suggested change #2 so that it reflects a time more reasonable to the event rather than the day.

-            David suggested that, with regard to #6, the “inventory sheet” or “sign-off sheet” should indicate that decorations were approved.

-            David suggested that, with regard to #16, something should be added about locking the windows as well as the doors.

-            As Barbara has reported that she occasionally found that the radio was on though nobody was in the clubhouse, David suggested change #18 so that it includes turning off the radio.

-            David suggested that we eliminate #s 19 and 21 having to do with dance floors and alcoholic beverages.

-            David suggests making #22 part of the regular text rather than one of the bulleted rules.

-            David asked about checking people in.  Is this necessary?  Mary says that HRW does not do this as they are not on-site managers.

-            Mary will get the Fire Marshall to tell the capacity number of people the clubhouse can hold.

-            David suggested that we need a line for the rental check to parallel the line for the security deposit check.

-      David suggested that we may should have back-ups on the schedule.  Mary says that Cindi Haynes will e-mail the Board member responsible for each week.

-      Rob motioned to table a vote to approve the Clubhouse rental procedures until comments are incorporated and the procedures are reviewed.  Approved unanimously.


4. Pool Rules.

-      Barbara motioned to table a vote to approve the Pool Rules until the changes from the Pool Committee report are incorporated and the rules are reviewed.  Barbara and David R. voted to approve the motion.  Rob was absent.


5. Board Protocol for handling resident complaints/concerns.

-      David suggested that items one and three should be combined or lined up with number two following them.

-      David suggested that we add to the list that the management company should start a file for the homeowner to track correspondences, etc. regarding the complaint.  The management company should also inform the Board President immediately if there are other items in the file for the particular resident.

-      David suggested that the Board needs to address some issues sooner than later.  They can be addressed or acknowledged officially at the Board meeting, but they may need some handling earlier so that the issue does not become more severe.

-      David motioned to table a vote to approve the Board Protocol for handling resident complaints/concerns until the changes are incorporated and the protocol is reviewed.  Barbara and David R. voted to approve the motion.  Rob was absent.

-      David said that something similar should go in Committee guidelines.


6. Amount of daily fine for Covenant/Rule Violations.

-      The amount is set in the Covenants.


Executive Session:


The Board entered executive session to discuss

-Board procedure regarding minutes,

-what constitutes a “community” event (in terms of inclusiveness and funding)

-can money be collected for events when there is still money in the budget, and

-issues raised by homeowners.


The Board emerged from executive session.

-Hope says that minutes have to be formally accepted/approved before distribution.

-What constitutes a “community” event (in terms of inclusiveness and funding) was discussed with Hope in preparation for a future meeting.

-Can money be collected for events when there is still money in the budget was discussed with Hope in preparation for a future meeting.

-The Board addressed issues raised by homeowners with Hope in preparation for a future meeting.




The next meeting will be Monday, March 24, 2003, at 6 p.m. at the clubhouse.  There being no further business to discuss, a motion was made to adjourn the meeting.  Approved unanimously.




Respectfully submitted,


David Randle


Charleston Village Homeowners' Association