Fairways of Sherrill Park Board of Directors Meeting Agenda

Thursday, November 16, 2017 Visitor Session at 7:00 PM; Board Business Meeting at 7:15 PM

Richardson Police Substation, 2003 Renner Road, Richardson, TX 75082

Call to Order – Determination of Quorum

Visitors Session – 7:00 PM The Board invites Visitors to address the Board on any topic. Each Visitors’ remarks should be limited to 5 minutes. The board may or may not address remarks during the meeting; or they may be placed on a future agenda or addressed by some other form of response.

Board Business Meeting – approx. 7:15 PM During the board’s business session, Visitors are requested to refrain from comments or remarks during the Board business session. The Board may solicit input from Visitors during the business portion.

Are Agenda Modifications requested?

Review/Approve Minutes of the September and October 2017 Board Meetings

Board Officer Reports President

Update on the perimeter wall crash site.

Update on perimeter wall maintenance report

Committee Reports: The directors receive copies of the Committee Reports prior to the meeting

for review; director comments/questions regarding the reports, if any, may be made at the meeting.

Nominating Committee update

Finance Committee proposal for 2018 Budget. Board discussion. o Motion to approve 2018 budget, o Motion to set the 2018 assessment amount.

Old business

Recording of online vote(s) regarding Ms. Biggs appeal during October meeting.

Holiday lights – update. Motion to approve expenditure of $1,150.00 for holiday lights at Wyndham main entrance.

New business

Appeal hearing regarding property address 1704 Wessex Circle

Announcement of 2018 Annual Meeting date; Sunday, February 11, 2018

Reserve study discussion/motion. o Motion to approve engagement of Community Association Reserves.

Motion to approve survey fee of $200 to locate property line stakes along the east side of common area at Waterford and Westgate.

Review Summary of CE&Rs document; approval to send to members.

Visitor Questions In addition to the opening Visitors Session, a few extra minutes will be allocated to visitor

questions relating to items reviewed in the first part of the board meeting, such as a question on the financial statement or a committee report.

Executive (Closed) Session; if needed

Review NMI report of assessment delinquencies

Review NMI report of Violations

Update to directors on current and proposed legal matters as needed

Discuss other matters as appropriate for the Executive Session

Reconvene into Regular Session

Board reconvenes into open session, and takes action, if any, on Executive Session matters.

Adjournment

Fairways of Sherrill Park

HOA Board Meeting Minutes

October 19, 2017

Location: Richardson Police Substation

Directors Present: John Fritsche, Brad Wagoner, Lynn Livingston, Tony Wanat

Directors Absent: Jane McGehee, Daniel Schlieter, Kevin Balsley

Board Meeting

The meeting was called to order by John Fritsche at 7:01 PM. A quorum was made.

Visitor Session: The visitor session started at 7:02 PM.

Approval of Minutes: Approval of the September meeting minutes will be held over until November’s

meeting due to lack of voting directors.

Agenda Changes: None

Board Officer Reports

President- John Fritsche provided an update to the damage at the Wyndham wall entrance. The driver’s

insurance will cover cost of repairs. John will follow up with Dan Johnson regarding FoSP inclusion on the

City repair list.

Provided a brief report on the Richardson Leadership Council meeting.

Reported on discussion items during a meeting with NMI and Manders regarding irrigation, maintenance,

mowing, weed control and tree trimming.

National Night out was well received even with last minute change of venue.

Vice-President-No report.

Secretary-No Report.

Treasurer-Report attached.

Committee Reports:

Architectural Control (ACC)-Report Attached.

Beautification-Report attached.

Homeowner Advocacy (HAC)-No report.

Playground Care-Report attached. Retaining wall repair will be postponed to monitor further movement.

Website/Communications-No report.

Welcome-Report attached.

Old Business

Ms. Biggs of 1702 Wessex presented information to the Board in her support of a variance to the previous ACC

ruling regarding copper colored gutters. The Board will review the submitted information and provide a

decision within two weeks.

Lynn Livingston provided an update and options for the flagpole plaque. An updated cost estimate will be

solicited to provide a stone monument.

New business

Discussed options for the installation of Holiday lights at the Wyndham entrance.

Visitor Questions Session:

Questions from neighbors were taken from 8:13 PM until 8:23 PM.

Executive Session: The Board adjourned into Executive Session at 8:23 PM.

1. Delinquent accounts were reviewed.

2. Violation reports were reviewed.

3. Chapter House discussion is a closed issue.

4. Session concluded at 8:30 PM and regular meeting resumed.

Adjournment: Lynn Livingston moved that the meeting be adjourned. Brad Wagoner seconded it and it was

approved unanimously at 8:31 PM.

______________________________________ ____________________________________

John Fritsche, President Date Tony Wanat, Acting Secretary Date

P.O. Box 830341

Richardson, Texas 75083-0341

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Fairways of Sherrill Park

Treasurer Report for 2017 Board Meeting Committee Name: Finance Committee Committee Chair: Kevin Balsley Committee members: John Fritche, Brad Wagoner Report Date: November 16, 2017 ****************************************************************************************************************************

Activity Report - When I became Treasurer almost 3 years ago, one of the objectives that I have frequently spoken about was the need to have a study to make sure that the HOA have funds appropriately reserved to maintain the assets for which the HOA has responsibility. I am not aware of a reserve study ever being performed in the 30 year history of the HOA. Since becoming Treasurer over the past three years there has been a cash surplus denoted by retained earnings on the balance sheet in the range of $60K - $70. - Two years ago when we first outsourced the HOA finance function to Timothy/DeVolt John Fritsche and I had high level discussions regarding HOA reserve/replacement accounting to become educated on the matter. These discussions continued last year when we retained NMI for property management services which included the finance function. NMI has strongly encouraged that a reserve study be conducted. NMI obtained three reserve study proposals for us from firms that they have had experience working with in the area. - A reserve study includes a physical analysis that involves a full inventory and inspection of the common assets, measurements and photographic documentation. Besides the irrigation system, playground, and median lighting, Sections 7.1(b) and 10.3 of the CERs obligates the HOA for the care and maintenance of the masonry and wrought iron screening wall around the perimeter of the HOA subdivision. - Clearly, if the perimeter wall were to be entirely replaced now, the funding obligation would be in the hundreds of thousands of dollars. Short term there may be areas of the perimeter wall identified in the reserve study that need to be addressed which could be significant. - Despite the obligation arising from the CERs regarding the screening wall, there apparently has been an understanding by some that the City is responsible for the wall. Based on this understanding that has been conveyed to Board members, the City was approached for them to take care of the damaged wall at the entry way recently caused by a vehicle. The City explicitly indicated that they were not responsible and as support they even referred to the Sections in our CERs that indicate it is the HOA's responsibility. To date we have found nothing in writing that supports the belief that the City is responsible for maintaining the perimeter wall. - Regarding the three proposals, we were impressed with them all, but one stood out - Community Association Reserves, which is being recommended by the Finance Committee. John Fritsche, Brad Wagoner and myself met with a principal from Community Association Reserves to review the proposal. Community Association Reserves only business is reserve studies - it is not a "sideline business". The individual(s) that perform site inspections and produce the report are the owners and partners. They have an office in Richardson and have conducted many reserve studies for HOAs in Richardson and surrounding communities and know how to work with the City of Richardson to address matters as they arise. -

P.O. Box 830341

Richardson, Texas 75083-0341

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Fairways of Sherrill Park

- Community Association Reserves will conduct an on-site inspection of the common elements, document the condition and forecast a customized 30 year funding plan to ensure timely repair or replacement of these elements as they age. The customized 30 year funding plan will provide a variety of options to maintain financial viability of the HOA, along with a "Percent Funded" analysis indicating the current financial health of the HOA.

Requested Action Items

Motion that $1,250 be approved for Community Association Reserves to conduct a reserve study as outlined in their September 26, 2017 proposal.

P.O. Box 830341

Richardson, Texas 75083-0341

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Fairways of Sherrill Park

Playground Care Committee Report- November 2017

Committee Name: Playground Care Committee

Committee Chair: Grace Laster

Committee Members: Sameer &Geeta Ajmera, Mary Harrell, Michael Krantz, Catherine Peralta, Harold &

Amy Weatherly

Report Date: November 16, 2017

Activity Report

PCC Chair met with Manders Maintenance on 10-19 and assessed sprinkler heads that had

been spraying into the playground EWF. The heads were adjusted and the following week

the irrigation systems were turned off for the winter months. It is recommended the sprinkler

heads around the PG perimeter be assessed again in the spring prior to normal watering

schedule.

Requested Action Items:

None

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Fairways of Sherrill Park

Welcome Team Report November 2017 Committee Name: Welcome Team Committee Chair: Traci Ahangarzadeh Committee members: Kathryn Balley, Michael Krantz, Grace Laster, Vu Nguyen, Susie Parker, Charisse Phemister, Cabrini Scott, and Kaori Tong. Report Date: November 16, 2017 ****************************************************************************************************************************

Activity Report Realty Information:

o Currently for Sale:

1708 Wessex Cr (for sale by owner)

2111 Woodbury Pl

2110 Bluebonnet Dr

2809 Wyndham Ln

1810 Waterford Ln

3211 Wessex Cir

3111 Wyndham Ln

o Currently for Lease/Vacant:

None

New neighbors greeted by Welcome Team: o Devin and Jenna Walsh at 2011 Primrose Dr on 11/09/17

3201 Westbury Ln purchased by owner that had been greeted at a previously purchased and sold property. Additional greeting by Welcome Team is not needed.

Requested Action Items None

Fairways of Sherrill Park HOA Summary of Key CE&R Declaration Provisions November 7, 2017 The purpose of this document is to summarize commonly referenced sections of the Third Amended and Restated Declaration of Covenants, Easements, and Restrictions for the Fairways of Sherrill Park Subdivision, which became effective November 19, 2015 (the “CE&R Declaration” or “Declaration”). The full CE&R Declaration is long and full of legalese, as is necessary because of its status as a binding legal document. Our intention here is to cut through the provisions that are rarely referenced by Members so that important information can be easily located. However, any discrepancy between this summary and the actual filed CE&R Declaration shall be governed by the Declaration. If you would like to better understand these or other sections please contact a Board member. Citations in brackets refer to the corresponding section in the full Declaration. Most capitalized terms herein are defined in the Declaration. Most colored and underlined phrases contain hyperlinks to the referenced document.

Introduction All of the Subdivision and any interest therein (i.e. individual Lots and Residences) shall be held, sold, and conveyed subject to the terms of the CE&R Declaration, which is binding on and inures to the benefit of all Owners having right, title or interest in any property in the Subdivision. [see Page 2, bottom]. Translation: Ours is a mandatory HOA. All Owners are Members and subject to the terms of the CE&R Declaration.

Article III (Use and Occupancy Restrictions) Each Residence in our neighborhood shall be used exclusively by a single Household, subject to any legal requirement that other Occupants be permitted, if such alternative occupancy has been requested and approved. [See 3.1(a), 3.1(d), and the definition of Household]. Certain uses are specifically permitted (see definition of Permitted Business Use), while others are specifically not permitted: (e.g. raising livestock, domestic or wild animals for breeding or selling; nonresidential activities or purposes (e.g. transient residence, transitional housing, party venues, vacation rentals); Leasing unless landlord complies with the CE&R Declaration [See 3.1(b)]. No Alterations, including a building, fence, or wall, shall be commenced before approval is received from the Architectural Control Committee (“ACC”). See the summary of Article VIII below. [3.3] Signs are limited to: For Sale (NOT For Lease/Rent); certain political signs 90 days before and 10 days after an election; certain school spirit signs; security service signs and stickers; any other sign approved by the ACC. Contractor, Service Provider, For Lease, and others not specifically permitted are prohibited unless approved by the ACC. [3.6] Parking. The Board may adopt and enforce parking policies similar to ordinances of the City of Richardson, but as of 11/2017 the Board had not adopted any such policies. The city owns and regulates the streets. [3.12] Leasing. Leasing of Residences is not permitted unless the Owner/landlord fully complies with the CE&R Declaration, primarily 3.15 and Article VIII(B). All known landlords have been provided more complete detail. Highlights include, but are not limited to: Lease for residential purposes only; Occupants must be a single Household; Occupants must lease the entire property (no single room leases/rentals); not more than 2 unrelated adults in addition to those Occupants related to each other; lessee is bound by the CE&R Declaration and landlord must provide a copy to lessee; no sublease; term at least 1 year; Owner has

registered with the city; Owner must annually provide representation to the Association that it complies with CE&R Declaration terms. The HOA does NOT receive or review Leases. [3.15] Yard Maintenance. “All front, side and rear yards shall be neatly and carefully maintained”. This is reiterated later in the document [3.19] Fences and Retaining Walls. This is one of the most clearly stated, but most commonly overlooked, covenants. No fence or retaining wall shall be erected or located on any Lot without the prior written approval of the ACC. Generally fences are limited to 6’ (or 8’ along alleys), but exceptions are permitted with ACC approval. This covenant applies to fence and retaining wall replacements. If you are going to build or replace a fence, please provide details to, and get prior written approval from, the ACC. [3.21] Roofing Materials. Most homes now have composition shingles, but other materials are specifically permitted. More detail is at this link. The color must be “weathered wood” unless an alternative is approved by the ACC. If you plan to replace your roof, please provide details to, and get prior written approval from, the ACC. [3.24] Flags/Flagpoles/Wind Turbines/Solar Panels. The Board may establish rules and policies that comply with State law. In 2011 the Board did approve policies, which are posted on the HOA website at this link. Please request ACC approval before beginning installation. [3.32, 3.33]

Article VII (Duties and Powers of the Association) The affairs of the Association are conducted by the Board of Directors, selected in accordance with the governing documents [7.1]. The Board may, but is not required to, enforce the provisions of the Declaration by appropriate means. [7.15 and this link to Enforcement Policy] The initiation of foreclosure or any other court action against an Owner requires approval of 67% of Board members following a public meeting of Members to discuss. [7.15(b)]

Article VIII (Operating Committees)

A. Architectural Control Committee (“ACC”) Any building, structure, or improvement of any nature visible from any public street (excluding alleys) or Common Area, including remodeling, reconstruction or landscaping, must be approved in writing in advance by the ACC. The ACC form necessary to submit plans for approval is available on the last page of this document and on the HOA website via this link. Generally, without limitation, the ACC will consider location of the proposed work; conformity and harmony of external design, color, and texture with existing structures and landscaping; quality of materials. [8.4] The HOA may require unapproved work to be restored to its original state if it does not conform to the Declaration or was not prior approved. [8.6] Upon submission of a written request, the ACC may, in its sole discretion, approve work that is in variance from established architectural standards. See excerpt from Declaration at this link. Decisions of the ACC may be appealed to the HOA Board. [8.6, 8.8, 8.9]

B. Homeowner Advocacy Committee (“HAC”) The HAC deals primarily with landlords and non-conforming property uses. All known landlords have been provided detail regarding compliance, which is primarily defined in Section 3.15. Landlords must annually update their written representation to the HOA that they and their tenants are in compliance. The HOA doesn’t receive or review leases. Upon submission of a written request, the HAC may permit an Owner the

use or occupancy of a property in variance from any established neighborhood occupancy standards (“Reasonable Accommodation”). Any action of the HAC is appealable to the Board [8.10 to 8.20] Members of the ACC and HAC are appointed by the Board, usually from Members of the HOA. Any HOA Member interested in being appointed should advise the Board. [8.1, 8.10]

Article IX (Obligations of Ownership) Owner Maintenance. Owners must maintain their properties, including but not limited to: regular lawn mowing; tree and shrub pruning; water landscaping (subject to an approved xeriscape plan); keep lawn and garden areas alive, weed free, and attractive; repair exterior damage; repaint as needed (with ACC approval) [9.1(a)]. The HOA has authority to (but never has in recent memory) enter a Lot and make corrections [9.1(b)].

Article X (Maintenance and Assessments) Owners are required to pay Assessments. By accepting a deed, Owners are deemed to have agreed to pay Assessments. [10.1(a)] Assessments are due by January 1 of each year, and are delinquent after January 15 (extended to January 30 in Assessment Collection Policy). The Board shall set the amount of the annual Assessment 30 days prior to January 1 in an amount not greater than 120% of the preceding year. [10.1(b)]

Definitions Referenced Above “Household” shall mean a domestic unit that resides in and shares in common a single dwelling unit and consists of one or more individuals related by blood, marriage, adoption, or recognized legal union or guardianship, and not more than two unrelated adult individuals. The term shall further encompass the Occupants of any Household Care Facility or any other domestic unit whose use of the Lot as such has been approved pursuant to Article VIII. “Permitted Business Use” shall mean use by a Trade or Business where: (i) the existence or operation of the business activity is not apparent or detectable by sight, sound, or smell from outside the Residence; (ii) the business activity conforms to all zoning requirements and other restrictive covenants applicable to the Subdivision; (iii) the business activity does not involve visitation to the Residence by employees, clients, customers, suppliers, or other business invitees or door-to-door solicitation of residents of the Subdivision; and (iv) the business activity is consistent with the residential character of the Subdivision and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security or safety of other residents of the Subdivision, as may be determined at the Board’s sole discretion. Hyperlinks included above are available if you open this document on a computer. An electronic version is

available on this page of the HOA web site: http://www.sherrillpark.com/NEWForms.html

Application for Architectural Control Committee (ACC) Approval

Name of Homeowner’s Association: Fairways of Sherrill Park

Please complete this form and attach a comprehensive diagram of the proposed property modification (or request for

a variance) and send to the following:

After completion, either mail all documents, or scan and email.

Mail to: Email to:

Neighborhood Management Inc. nmi@neighborhoodmanagement.net

P.O. Box 1567 Allen, TX 75013

Approval or disapproval notice will be given with the guidelines established in the current ACC guidelines.**

Name Evening Phone

Address Cell Phone

Day Phone Email

Check any that apply and describe as provided below Home Addition Driveway/New Extension Garage Door Shutters Outbuildings

Exterior Design Fence Stain Extra Landscaping Play Structure

Exterior Paint Fence Replacement Pool Rear Patio Modification/Deck

Retaining Wall Satellite Dish Roof Replacement/Alteration Screening/enclosure Other: Describe below

Is this a re-submittal? Yes No Is this request for a variance? Yes No

Description (Please attach extra sheet if needed to fully explain and document)

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

_______________________________________________________________________________________

Attachments (Initial sketches, contractor proposals, plans and specifications are required, all color changes

require a sample)

Tell us what supporting documents you are including. Plans Sealed and Signed By Professional

Contractor Revised Plans/Specifications Lot Survey

Color Plans/Samples Materials Designation Plan/Samples City Permit

Est. Start Date: Est. End Date:

Owner's Signature: Owner's Signature:

AGREEMENT: By my signature above, I certify all information, data, and supplemental materials submitted in this application are complete, true and correct. I understand and agree no work may be performed prior to receipt of

written ACC approval. I further understand that there may be no deviation from the terms of the written ACC

approval; all deviations must be corrected at the homeowners’ expense. I agree to be bound by the Association Rules, Regulations and standards. I certify my Association dues account is current and I have no outstanding fines

or penalties and I am responsible for obtaining any necessary permits from the appropriate City Building and

Zoning Departments.

**UNTIL YOU RECEIVE A CONFIRMATION EMAIL FROM THE APPROPRIATE ASSOCIATION

MANAGER, THIS APPLICATION WILL NOT BE CONSIDERED RECEIVED.