Updated 3 Febuary 2017
Previous HOA Board Meetings 2016
 
posted 15 December 2016
November HOA Meeting Highlights
DEFICIT STILL HIGH
Rules and Guidelines Submitted

Condition of Parking Space Complaint.
The monthly HOA meeting was held November 28 the in the Cabana Club House. Members of the Board in attendance were Mike Mengel Michael Huma and Mary Williams.  Action Property Manager Peggy Shaw was also present along with eighteen homeowners present. Board members Ted LaMantia and Terry-Piper Johnson could not attend this meeting because of other commitments.
Open Forum
  • Two member complained about roof leaks. Action took notes to resolve the issues.
  • A member asked about having the HOA janitorial service sweep the walkways. The Board told the member that this will be part of the new contract starting in January.
  • A member asked about the status of the order for pool furniture. It is in the process of being ordered. Costs are less for ordering off season.
  • A member asked about the patio shades. Board Mary Williams stated that only free standing shades are allowed. The HOA does not allows any rollup or hanging shades. Discipline letters have been sent to property owners who are in violation.
  • Property owner Aimee Rosendahl brought to the attention of the Board a recent bottom floor two bedroom “For Sale” unit where a load being wall was altered between the kitchen and dinning room. No architectural request had been submitted. Nor was a City permit pulled or an inspected performed. If alterations to units are approved and city and engineer inspected, the same options would be allowed to ALL owners. All violations need to be approved or corrected by the appropriate parties to protect the association.
  • A member complained that she is going through a second set of tires on her vehicle because of the poor condition of her parking space. The Board said they have no money to go forward with repairs.
Financial Report
The HOA is still running a significant deficit in its operating funds. Mary Williams says this was due to “Common Area Maintenance”, “Litigation and Legal Fees” and “Plumbing and Slab Leak repairs”.
Committee Reports
  • Michael Huma has assumed the spokesperson position for the Landscaping Committee. He stated that he has scheduled a walk-thru of the property with landscaper and the Committee at the end of the week. He asked if anyone had any ideas for plantings in the areas where there is only mulch. It was suggested that members actually do voluntary planting and provide their own foilage. Michael Mengel said that Harbour Vista is over planted. This has created a lot of dry rot issues.
  • The Parking Committee submitted no report. The spokesperson Ray Koagel was not in attendance.
  • Mary Williams stated that she was waiting for the Board to get back to her on the "Rules and Regulations" from her committee.
  • The Architectural Committee spokesperson Michael Barto had no requests submitted this month. But as a following to the discussion“for sales” unit, he stated that he had visited this unit during an open house. Not only did he observer the partial removed load bearing wall, but speakers had been installed in the ceiling of this bottom floor unit, the heater had been removed and replaced with in-wall heaters in each room. With no permits on record, there is concern about sound proofing and heater/electrical overload. There is a major issue at Harbour Vista with “wildcat remodeling projected". Yet the HOA has not approved or issued any Architecture Guidelines as required by Davis-Sterling. Michael continued that the Architectural Committee had submitted Guidelines in May to the Board. The Board has still not approved them to be sent to HOA legal council for review. This is also true for the “Rules and Regulations”, and “Parking Rules and Regulations”
Unfinished Business
  • The Board approved sending the “Architectural Guidelines, Rules and Regulations”, and “Parking Rules and Regulations” as they stand to Action Property Managements Legal council for review. Pending any major change, these documents should be ready for approval at the December HOA meeting for distribution to the members.
  • Approval of a Fire Alarm Monitoring/Replacement Fire Panel system was again tabled. 
New Business
  • The Board discussed purchasing a new “call box” system for the three Harbour Vista electronic gates at for approximately $7000.
  • Funding for Audit and Tax Preparation was approved.
  • Humburg and Associated Wood repair proposal was tabled until they finish the current wood repair projects.
The next HOA meeting is scheduled for December 19, 2016 (tentatively).■
posted 15 November 2016
October HOA Meeting Highlights
2-1/2% ASSESSMENT INCREASE
Architectural Guidelines Not Released
Landscaping Vendor Presentation
This monthly HOA meeting was held October 24 in the Cabana Club House. Board members, Mike Mengel, Ted LaMantia, Terry-Piper Johnson, Michael Huma and Mary Williams were present.  Action Property Manager Peggy Shaw was also present along with nine homeowners. present.
Open Forum
  • A member discussed an issues of a full trash can of pet feces located at the car wash area (Cabana) that was not being emptied. The Board stated that the janitor service will be informed to emptying it in the future. They probably did not know it was even there or their responsibility.
  • The Rosendahls asked when and if the board was willing to meet with them to avoid further legal expenses for either party. Mike Mengel said he would not discuss anything in open session but they could stay after in executive session.
  • A member asked about an electrical power failure to a set of garages on Blackbeard when the resolution took almost three days which included over the weekend. An issue was raised that the Property Management Company did not realize that this was an emergency going over the weekend, it was eventually discovered that a breaker had been tripped. Unfortunately the lock had been replaced with a non-Edison lock with no key available. President Mike Mengle had to personally cut the lock on Sunday to be able to restore power.
This editor expressed that these above issues is how the members react when working with the Action Property Management Help Desk and not necessarily the HOA or Action's fault. Michael Mengel suggested to this editor that the Harbour Vista Newsletter publish an editorial about interacting with the property management company.
Landscaping Vendor Report
Bemus Landscaping provided a presentation to discuss recent landscaping issues. There was a complaint from Board member Michael Huma and from a property owner about the recent use of Roundup to kill the grass which is to be replaced by mulch. Roundup is somewhat hazardous to small animals and children. Board member Michael Huma suggested that they look at alternate materials to do the same thing.

There was discussion of watering scheduling and possible installation of smart sprinkler controllers. Rebates are being provided by the State.

Bemus discussed tree, grass trimming schedules.
Financial Report
The HOA Operating Funds deficit has not changed much from last month and is slightly 10% of the total yearly members assessments.
Committee Reports
  • The Architectural Committee spokesperson mjm@harbourvistahoa.com had no requests submitted this month. Board member Terri-Piper Johnson, asked why the Architectural Guidelines had not been approved and distributed to the members. They were finalized in May. Mike Mengle stated that the Emergency Executive Architectural Committee Meeting held July 6th, that he had announced that the attorney had returned the Guidelines with some minor corrections, so there is nothing preventing them from being approved and distributed which will be on the agenda for the November 28 HOA meeting.
  • Treasurer Mary Williams resigned as Chairperson of the Landscaping Committee. Terri-Piper Johnson assumed the chair and will take over the responsibilities of the monthly walk through's.
  • The Parking Committee submitted no report. The spokesperson was not in attendance. The Board announced that new parking signs will be posted which will allow citations to be issued and vehicles towed.
  • Mary Williams described the workings of an “unofficial Rules and Regulation committee” consisted of herself and HOA member Cynthia Lee. It was decided to change the hours of the pool areas from 12midnight to 11pm.
Unfinished Business
  • Fire Alarm panel replacement proposal was again tabled.
  • Pool Furniture Proposals was approved.
  • The Draft Reserve Study was approved
Budget Discussion
The Board disclosed that they had met in Executive Session and had decided to raise the monthly assessments by 2-1/2 percent. Excessive legal and pluming expenses were blamed.

The Board is looking into establishing a “special assessments” for major repairs to the property such as repaving the parking roadways.

Harbour Vista has an exceedingly low funding of its reserves. Action Property Management revealed that our HOA is one of the lowest (by percent ) funded reserves of any of its clients.

The Board mentioned the company holding Harbour Vista's land lease Dermot Reality has expressed interest in proving some financing to our HOA. Board member Terri-Piper Johnson and Mike Huma will ask to hold discussions with them and will report back to the membership.
New Business
No new liens were publicly announced.

The next HOA meeting will be Monday November 28th at 6:30m in the Cabana Clubhouse.■
Editor Notes:
  1. HOA can declare a “special assessment” to the membership up to 5% of the current fiscal year's budgeted expenses without membership approval. Civ. Code §5605[b].
  2. The Harbour Vista Newsletter developed and published in January of this year "The Unofficial Architectural Guidelines" These Guidelines are not much different than what the Board will approve when they get around to doing it.
re-posted 11 October 2016 (correction)
September HOA Meeting Highlights
SHORT MEETING
Recommended 7% Dues Increase
Architectural Guidelines Still in Limbo
Settlement Meeting Requested
The September regular HOA meeting was held September 26 in the Cabana Club House. All members of the Board, Mike Mengel, Ted LaMantia, Terry-Piper Johnson, Michael Huma and Mary Williams were present.  Action Property Manager Peggy Shaw was also present along with eight homeowners. President Mike Mengel asked that the meeting be shorted because of the heat and forthcoming presidential television debate. The meeting lasted approximately 30 minutes and was adjourned to executive session. 
Open Forum
  • The Rosendahls, the members with the judgement against them for "not obtaining permission" for their remodeling project stated that their bankruptcy attorney had told them to formally requesting a meeting with the Board in "Emergency Executive Session" to discussion settlement.
  • A member informed the Board that the elevator plastic light covers in her building (4861 Lago) had fallen and hit her and another resident. The Board asked if she had filed a repair work order with Action Property Management. The member said she was unaware that she needed to do this. Community Manager Peggy Shaw promised to file a maintenance report on behalf of the homeowners in that Building.
Financial Report
The HOA Operating Funds deficit fell this month by 11%. See the Vivo Web Site for the exact amount as shwon in the end of August Financial Report. Look under the "Documents" tab.
Committee Reports
  • The Architectural Committee submitted no report. HOA Secretary Terry-Piper Johnson asked when the Architectural Guidelines were going to be published? HOA Treasurer Mary Williams state that she has been too busy updating the Rules and Regulation to work on them. HOA President Mike Mengel said he want our HOA legal council to approve the verbiage. Terri asked that everything be approved at the next meeting.
  • Treasurer Mary Williams, the Chairman of the Landscaping Committee, stated that new landscaping company Bemus will start putting in more mulch when they start October 1.
  • The Parking Committee submitted no report. President Mike Mengel stated that the Board is making minor changes to rules regarding storing excess vehicles for residents who own three or more vehicles. 
  • Mary Williams discussed minor changes to the Rules and Regulation from the ad hoc committee of herself and former HOA Secretary Cindy Lee.
    • Pool hours to be shortened (too long and too noisy during week days and weekends).
    • no smoking rule will be enforced at the pool area.
    This needs to be approved by legal, and then will send out to members for 30 days to comment before being enforced.
Unfinished Business
  • Fire Alarm Monitoring/Replacement Panel Proposal with two bids was tabled until a third bid will be received.
  • Pool Furniture proposals were tabled till end of summer to take inventory. 
New Business
Action Property Management proposed a draft budget asking for an increase in dues $29 per month (7%). Mike Mengel wants to look through the Draft Reserve Study and compare past years. 

It was stated that Board has until the October HOA meeting (24th) for the Board to approval the new budget. Deadline is November 1st, to mail the budget out to the members so they can be notified of the increases by the November 15 deadline (45 days prior to going into effect).  It was announced that the Board will meet for approximately 3.5 hours in next few weeks to discuss the new budget.

Peggy Shaw stated that Harbour Vista has many leaks that need to be re-piped which would cost millions of dollars. Mike Mengel said the only way we can afford to re-pipe is to borrow the money.

No new liens were announced.

The next meeting of the HOA will be October 24th at 6:30pm in the Cabana Clubhouse.■
Correction: In the original posting, it was attributed to Peggy Shaw that she said that re-piping was a multimillion project. This was in error. What she actually stated that re-piping would cost millions of dollars. The Newsletter appreciates any correction or clarification and will happy repost articles when errors are identifying. See Letter.
posted 15 August 2016
August HOA Meeting Highlights
PLUMBER NEGLIGENCE?
Funds Still in the Red
New Pool Furniture
The August regular HOA meeting was held August 22 in the Cabana Club House. The members of the Board, Mike Mengel, Ted LaMantia, Terry-Piper Johnson, Michael Huma and Mary Williams were all present.  Action Property Manager Peggy Shaw and her Assistant Rhonda Hart were also present along with nine homeowners.
Open Forum
  • Homeowner Jim Gregg asked why the HOA refused to pay the total amount for his kitchen repair. See June 2016 HOA Meeting and Kitchen Sink. They had excluded the sink, garbage disposal and facets. He said that he has no choice but to file in Small Claims for the remaining amount. He asked why the Board does not use their insurance company to resolve the issues? The Board stated that it was because they are afraid the premium will go up or the policy will be cancelled. He asked why the Board did not go after the plumber Scott English Plumbing for negligence (Civ. Code §1714). The Board stated that Scott English told them that they were not responsible because the pipes were old.

    Jim provide the Board with photos that showed that the plumber had weakened the pipes while working in the area where the leak occurred. Both the members present and the Board complained about the workmanship of Scott English Plumbing. A slab leak in another unit had a complaint letters issued by the City of Huntington Beach to the contractor, Action Property Management and the HOA for the shoddy workmanship that did not meet code. Scott English had never obtained City permits. The Board stated that they were no longer using this plumber. 

    Member Aime Rosendahl who is in construction, asked why the HOA did not file a complaint with the State Licensing Board for the damages to Jim ’s kitchen. The State Licensing Board would properly investigate the claim and go against the contractors license and bond to pay back for all the damages to the HOA and to Jim Gregg. The Board directed Peggy Shaw to file a complaint with the State Licensing Agency against Scott English.

    Jim asked why there is no protocol for the commonly occurring slab leaks at Harbour Vista. The Board stated that they process these issues on a case-by-case basis.
  • Another member told about his current slab leak where mold has been discovered. Because of HOA inaction or about a year, he has been living in half a unit. He was fed up. The Board stated that they are discussing this in following Executive Session.
  • Homeowner Michael Barto expressed complaints about the HOA finances deficit. He pointed out that the HOA had spent more than $100K which has run the HOA in the red for a legal judgement with no damages against the homeowner Rosendahl’s because “they did not ask for permission”. He pointed out on a recent walk through of the complex with another member, many other remodeling projects were observed that had no permission. He wanted to know why the Board felt that it was so important to go after this one homeowner, go for a trial and not work with them. Previously, the Board had stated that the reason was "this homeowner would not back down". He asked the Board to provide a specific example. The Board refused to provide an example because of Executive Session Privilege.

    Michael Barto stated that more HOA funds are still being spent to abuse this one homeowner. Money the HOA does not have which most likely will raise every member’s assessments.

    Board Member and Secretary Terri Piper-Johnson publicly stated that she will not support any more money being spend on any more legal action against this homeowner. The judgement has been awarded and a lien has been placed.
Financial Report
The HOA Operating Funds are still in the red with a slight increase this month.
Committee Reports
The Architectural Spokesperson Michael Barto state that two Architectural request had been approved in absentia” with the expiration of deadline. There was confusion from the Board directions (see The Comedy Meeting) and email from Action was routed wrongly to the Spokesperson. Review of the Applications have no issues.
Unfinished Business
  • Grunion Boiler replacement was approved.
  • The Board awarded a new Landscaper award to Bemus Landscapers, Inc.
New Business
  • The Pool Furniture Proposal was approved
  • An Alarm Monitoring/Replacement Fire Panels proposal was approved.
The next meeting of the HOA will be September 26th at 6:30m in the Cabana Clubhouse.■
posted 11 July 2016
July HOA Meeting Highlights
LARGER DEFICIT
Two Pilots Approved
Request for Clarifications
For the regular HOA meeting, the old 2015-2016 Board Members were present: Mike Mengel, Ted LaMantia, Mary Williams, Cynthia Lee and Michael Huma till the end of the Open Session when the new Board was seated. See New Board Seated. Action Property Manager Peggy Shaw was present along with ten homeowners.
Open Forum
  • A concern was raised by a member about his parking spot being too close to the trash enclosure gate which was denting his car.
  • Two members complained about Scott English plumber for turning off the water at the main line and not knowing how to turn on/off the boilers.
  • The Rosendahls who were sued by the HOA, for "not asking for permission" asked when the HOA Board will provide official clarification to the HOA’s requirements for: special homeowners insurance for their remodeling project, requirements for approved floor sound proofing materials and installation.
More Rosendahl's More Discussion
The Rosendahls described attending a "debtor exam" at Orange County court. They spent 2 hours waiting for the HOA legal counsel. The Judge finally dismissed the proceedings and asked the HOA legal counsel to refile again.

The Rosendahls express concern that the Board was misappropriating funds with the heavy handiness of legal counsel, hiring a court recorder, and a party to personally serve them instead of the 6 identical letters that they normally receive.

The property manager Peggy Shaw took offense to the comment misappropriating funds. She warned the Rosendahls that they might be sued for slander.

The Rosendahls stated that the HOA had ruined their family's lives. A member of the Board stated that this was justified because the HOA had spent a large amount of money as the Plaintiff.
Financial Report
The HOA operating funds deficit has increased by 19% from previous month. The expense increase is attributed to General Administrative Cost (includes General Legal) and common area repairs. June Financial Statement is on-line at the Community Portal which is available to all members.
Committee Reports
The architectural spokesperson Michael Barto asked the president to provide his report.

The air conditioner pilot was approved for Board member Mary Williams

An awning pilot was approved for Board member Michael Huma

Architectural and Parking Guidelines have not been approved and are still being discussed. The parking committee is proposing to implement a two placard system for parking in visitor parking spots.
Unfinished Business
  • Grunion Boiler replacement was again tabled.
  • Clubhouse Chairs Upholstery was again tabled.
New Business
  • Artistic landscaping proposal was tabled.
  • 16551 Grunion concrete replacement was approved.
  • Ordering of new Speed Limit Signs were approved.
  • A boiler check valve replacement was approved.
  • Two wood repair items were approved and one deferred
  • Janitorial proposal was approved which will include the hallways.
  • Renewal of HOA Insurance was approved.
The next meeting of the HOA will be Monday August 22nd at 6:30m in the Cabana Clubhouse.■
Editor Notes:
  1. The Rosendahls were sued by the HOA for breach of contract for "not asking for permission". This resulted in an expensive trial and a judgement awarded in favor of the HOA. The HOA legal action has prevented the Rosendahls from living in their unit for over a year. The original complaint started because neighbors complained about noise during their construction.
  2. The HOA has been running an operating funds deficit since December 2015 which has steadily been increasing. Most of it is contributed to the legal expense council and a trial.
  3. Members of the Architectural Committee do not remember an architectural application or a vote for Mary Williams’s air conditioning pilot at the meeting July 6th. But it was announced at the June General HOA meeting, that Mary Williams would assume the air conditioning pilot when the rules were suspended by the Board. See Architectural Committee Highlights and June HOA Meeting Highlights.
posted 22 June 2016
June HOA Meeting Highlights
ELECTION MEETING RESCHEDULED
Kitchen Repair Incomplete
Large Deficit.
The Annual HOA Election meeting was held on June 27. The election inspector Tommy Ouzoonian announced that only 48 ballots were received. Quorum (91 ballots) had not been met. The Election Meeting is now rescheduled to July 25. Quorum will be reduce to 46 ballots. The election inspector announced that the deadline to submit ballots is extended to 6:30pm on July 25. If a member has not yet received their ballot, they can obtain one from Action Property Management or at the rescheduled Election Meeting on July 25.
Regular Meeting
The regular HOA meeting was called to order. All current Board Members were present with Rhonda Hart from Action Property Management and sixteen homeowners.
Announcements
The Board announced the adoption of new Charters for the Architectural, the Landscaping and the Parking committees. The President Mike Mengel asked the spokespersons for the combined Architectural/Parking Committee (Michael Barto and Ray Koagel) to contact their members to hold a meeting with the Board. 

The new Charters break the Parking and Architectural into two committees and establishes a charter for the Landscaping Committee. Only the Board will appoint the members and the spokespersons.  
Open Forum
  • It was asked who is responsible for sweeping the outside one bedroom hallways. The Board stated that no vendor is assigned to do it. Other members said that most the time they do it themselves.
  • Again the complaints were heard about the poor quality of the landscaping service.
  • Complaints were expressed about dog feces left on the property. Residents should identify perpetrators and report them to Action Property Management.
  • A member complained about the shabbiness roadways and parking spaces. There is not enough money at this time for repairs. See “The Parking Lot is Crumbling (October 23, 2013)“.
  • The Board said that it was alright for a homeowner to power wash a dirty drop down of an upstairs balcony in their building.
  • A member informed the Board that two properties for sale had been put on hold because the financing had been withdrawn. The first property was declined because of the litigation. The second property was declined because of operating fund large deficit. 
  • This member asked that something be done to open negotiations to extend the land lease (expires 2041). As the Harbour Vista land lease gets close to the 20 year mark, financing will become more difficult. 
Slab Leak Damages Still Not Repaired
A resident asked why he had not heard an answer to his certified letter about the uncompleted repairs to his downstairs condo. The damage occurred more than a year ago when the HOA plumber was rerouting a drain line in the cement slab below the kitchen sink.
Image of repair in progress. Countertop was left propped up for about six months waiting for decision to be made.
A water line broke next to this work and over the weekend flooded his kitchen and living room. The kitchen cabinets were destroyed and the restoration company threw away the dishwasher (original dishwasher). The countertop and the sink were left propped up by 2X4s for about three months cracking the cast iron sink which were finally also thrown away. The HOA replaced the cabinets, but did not finish the sink, dishwasher and baseboards. The homeowner has no insurance. His letter asks the HOA to finish the job and pay for the dishwasher and the sink and baseboards
Discussion
The Board stated that they thought this was already completed. The homeowner said he had sent many emails to Action Property Management with their final response that the HOA was not in the remodeling business! He stated that he was in the hospital the day on the slab leak and came home to find his kitchen gone except for the countertops and sink. He would like the HOA to finish the job or pay him the money so he can get it completed, and pay the out of pocket cost for the sink.
Financial Report
The HOA has been carrying over an Operating Fund deficit for the last  three months. This current deficit is more than one month of assessments for the 180 units. HOA financial statements are online on the Vivo Web Site.  This deficit is attributed to the litigation and trail expenses. The HOA did prevail and has a lien on the property. When this money will be forthcoming is not clear yet. But the Board is funding legal council to investigation and review the defendant’s assets. 
Financial Questions
A member said it appears obvious that the HOA dues will be raised and does the Board know how much we are funding our legal council Berding & Weil LLP to investigate and collect. A Board member stated that “they had no idea”. He asked if they Board was considering a special assessment to cover this shortfall. It was stated that this was unknown at this time.
Unfinished Business
  • Grunion Boiler replacement was tabled.
  • Clubhouse Chairs Upholstery was tabled.
New Business
  • Artistic landscaping proposal was approved 
  • Installation of some more Thumb latch locks for the entrance gates was approved.
  • A Bank CD for the HOA was approved to be cashed in to pay for the balcony repair.
Election Meeting
The next meeting of the HOA will be Monday, July 25 at 6:30m in the Cabana Clubhouse. This is the rescheduled Election Meeting. The board has also scheduled a regular meeting after the elections. ■
posted 22 June 2016 (updated 1 July)
May HOA Meeting Highlights
POND IS LEAKING
Air conditioner pilot
No pending litigations
The May HOA monthly meeting was held in the Cabana Clubhouse with five board members present: Michael Mengel, Ted LaMantia, Cynthia Lee, Mary Williams and Mike Huma. Also in attendance were Peggy Shaw from Action Property Management and fourteen homeowners.
Announcements
  • The Board is developing new Charters for the Committees.
  • The pond on the Grunion side of the complex is leaking. (This has been repaired)

Open Forum
  • A member asked how many law suites are currently active with the HOA. The HOA said there are none at this time. The litigation with a three bedroom Logo homeowner remodeling project was resolved with a judgement in favor of the HOA. There is no other litigation currently active.
  • A member complimented the board on the recent sidewalk repairs.
  • Complaints were express about the poor quality of landscaping work.
Financial Report
As mentioned last month, the Board is working with a large financial deficit. HOA financial statements are online on the Vivo Web Site.
Committee Reports
  • Architecture Committee
    The Spokesperson Michael Barto reported that the Architectural Committee had approved two requested. One for a retrofit vinyl windows and the other for pilot project to installed an air conditioning system. During this meeting, the member who wanted to install the air condition system asked that his application be withdrawn. Board member Mary Williams said that she would like to go forward with an air conditioner system for her unit and asked to become the pilot. This was accepted. The spokesperson requested that the board vote to temporarily suspend the section in the HOA Rules and Regulations that prohibit the installation of an air conditioner. This was approved.

    The board stated that they wanted a more thorough investigation of windows shades. Architectural committee member Terri-Piper Johnson volunteered to take the lead.
  • Parking Committee
    After four months of work, and three public meetings, the parking committee spokesperson Ray Koagel submitted new parking polities to the board for ratification. Board member Ted LaMantia stated that he had looked at the proposal and wanted some changes.
Unfinished Business
  • The Board asked that replacement of patio furniture be delegated to an Ad Hoc Committee probably through the architectural committee.
  • Grunion Boiler replacement was tabled.
New Business
  • Clubhouse furniture upholstery was tabled.
  • An Insurance claim/settlement was tabled. No explanation was provided about this item.
  • Scott English Plumbing proposal was tabled.
  • Replacement of Janitorial Services was tabled.
  • An HOA bank CD was approved for roll over.
Election Meeting
The next meeting of the HOA will be Monday, June 27 at 6:30m in the Cabana Clubhouse. This is the Annual Election Meeting. The board has also scheduled a regular meeting at the same time. The majority of Board is running unopposed (five positions and only five declared candidates, while four candidates are current board members). Cynthia Lee is stepping down and Terri-Piper Johnson is the only new candidate running.
Quorum Requirement
Typically the new Board does not get ratified at the annual meeting because quorum has not been met because of low ballot returns. To meet quorum for annual meeting requires 91 ballots to be returned. Over the last couple of years, the most ballots ever returned for elections were around 75. If quorum is not met on June 27th, the election is rescheduled to the following week or later. The quorum requirement is then reduced by 50% for the rescheduled meeting and any subsequent meeting till the election is ratified with the lower ballot return. The current board will still continue to act until a new board is officially ratified.■
Note: The previous Board waited until the written nominating closing date to announce that three members were not running. The Secretary had already resigned. This created a "panic" to fill four open positions with a ballot with only one candidate listed. This prompted the “write-in” campaign that created this present board.
updated 21 May 2016 (posted 4 May 2016)
April HOA Meeting Highlights
NEW BOARD MEMBER
Annual Meeting Scheduled
Litigation Explanation Requested
The April HOA monthly meeting was held in the Cabana Clubhouse with four Board Members present: Michael Mengel, Ted LaManti, Cynthia Lee, and Mary Williams. Also in attendance were Peggy Shaw from Action Property Management and eleven homeowners.
Announcements
The Board voted to appoint homeowner Mike Huma to serve out the term for the position left vacant by the resignation of Mike Peduzzi. He was seated at this meeting.  See Note 1.
Election Meeting Announced
The Annual Meeting (Election Meeting) was scheduled for July 27, 2016 June 27, 2016 at 6:30 pm at the Cabana Clubhouse. No announcement was made that any member of the current Board will retire. An Election Inspector will be hired to monitor the election and count the ballots. A representative of the HOA Legal Council (Berding and Weil LLP) will also be present as part of their retainer obligation. 
Open Forum
  • This reporter is requesting a written explanation from the Board to be mailed out to all members  as to why the HOA was spent over 100K in one year for litigation for one homeowner’s remodeling project:
    • Why was such extreme  action required?
    • What warnings should members take away from this action?
    • What are the estimates for ongoing legal expenses for the collection of this judgement?
    The Board stated that the defendants would not back down. Eventually the HOA would get reimbursed for the money spent on this litigation.
  • This reporter requested that the HOA remove the “primary address” restriction for holding a position on the Board. The recent HOA Appraisal (on the Vivo Web Site) showed that only 50% of the members could meet this qualification. One member expressed concern that he did not think it was a good idea to have “investors” serve on the Board. 
  • A new homeowner explained that she had spend more than a $100 to replace her mailbox lock. The Board stated that the locks could be obtained from both the Post Office and Home Depot and were easy to install.
  • With the judgement awarded to the HOA, this homeowner asked why the HOA is refusing to meet with them to clarify the remodeling requirements to make their unit livable. The Board stated that this was in the hands of the Court.  This member took issue with this. See Note2.
Financial Report
The Board announced that the Association has incurring  a large financial deficit this month–mostly contributed to legal expenses. This is fourth month in a row that the HOA has shown a deficit. HOA financial statements are online on the Vivo Web Site.  
Architectural Committee Report
Mike Mengel stated that the Board had not yet reviewed the Architectural Guidelines and he wanted another meeting with the Committee. The Architectural Committee spokesperson Michael Barto expressed that many HOA members want to have tan vinyl retrofit windows and hanging shades. Mary Williams stated that the Rules and Regulations do not allow hanging shades. The spokesperson asked how this could be changed.  It was explained that the Architectural Committee could make the recommendations which then would need to be approved by the members. See Note 3.
Parking Committee Report
The Parking Committee spokesperson Ray Koagel asked about obtaining approval from the Fire Department for more parking spaces. Peggy Shaw provided a reference where a request could be submitted. The Board asked questions about the enforcement process for the  proposed regulations.
Unfinished Business
  • The replacement of Patio Furniture was again deferred. 
  • The replacement of a Grunion Boiler was tabled. Many questions need to be answered.
New Business
  • The Draft Audit was approved.
  • Funding for the yearly Reserve Study was approved. This audit will require an on-site visit for this year.
  • A replacement for a Grunion Mailbox set was approved.
  • Four liens were approved.
The next meeting of the HOA will be May 23rd at 6:30m in the Cabana Clubhouse.■

Notes:

  1. At the following Executive Session, Mike Huma was assigned a position of “Member at Large”. This will be in place for the remaining term.  There are now two “Members at Large”: Mary Williams and Mike Huma. Mike Mengel and Mary Williams will act concurrently for Treasurer's signing privileges through the remaining term because they are familiar with the vendors. 
  2. A couple of days after this meeting, the HOA decided to scheduled a meeting with the homeowner to clarify the remodeling requirements with the HOA Legal Council. 
  3. The Architectural Commitee has schedule an open meeting on May 11, 2016 starting at 6:30pm at the Cabana Clubhouse
posted 5 April 2016
March HOA Meeting Highlights
TREASURER RESIGNS
Land Lease Still on Hold
Elections Coming Up
The March HOA meeting was held in the Cabana Clubhouse. Only three Board Members were present which made a quorum: Michael Mengel, Cynthia Lee, and Mary Williams. Peggy Shaw from Action Property Management and ten residents/property owners were in attendance.
Announcements
It was announced that HOA Treasure Mike Peduzzi had resigned his position. The Board asked if any members would be interested in filling this vacancy for the next three months until the next election. Interested parties should contact Action Property Management to submit their names.

The HOA Light Maintenance Contractor is now Horizon Lighting in Irvine.
Open Forum
  • A new homeowner was concerned about removal of a satellite dish and the stucco repair responsibilities at his unit. It was suggested that an HOA contractor evaluate the issue.
  • With the trial completed and a judgement issued, the homeowner, who has been prevented from living in their unit, asked if 1/4 " cork acoustic underpayment was acceptable sound proofing for laying tile. The homeowner needs to finish their floor so they can move in. The Board said that they would get back to them as quickly as possible.
  • A homeowner asked the Board when are Building permits required. Specifically, was a building permit required to replace a garbage disposal. Architectural Committee Spokesperson Michael Barto said the answer was no. It was suggested that an exemption list be developed and distributed to the HOA members. See  “Unofficial Architectural Guidelines”.
  • Because HOA elections will start in three months, a member asked if any of the current Board members had decided to run again. Mike Mengel said he had not yet decided. But he assured everyone that this Board would provide timely notice of their intention prior to nomination deadline. See note below.
  • A member asked about the negotiation status for a 15 year land lease extension (from 2041 to 2056). The Board stated that negotiations are still on hold as they have been for the last three years. The Board explained that even if an agreement was reached, this must be approved by all the members. This is difficult to obtain.
  • A member asked about repairing the parking spaces and driveways. The Board stated that this would most likely require a special assessment which a large majority of the members must approve. See a 2013 Editorial “The Parking Lot is Crumbling”
Committee Reports
The Board announced that Committee positions are full.

Both the Architectural and the Parking Committees held a meeting with two Board Members Mike Mengel and Mary Williams a couple of weeks ago. This was to review their written proposals. Corrections were made. All written documentation have been submitted to the Board for approval and to be forwarded to Legal Council for review.
  • Architecture Committee
    The Architecture Committee had recommended that beige color retrofit vinyl windows be added as an acceptable color option. But the Board overruled this decision and wants no additional colors for windows to be accepted.

    The Architecture Committee expressed concerns that their Charter does not state that the committee has any responsibility for approval on any interior remodeling whereas the CC&R’s Section 8.05 clearly say they do. The Charter should be revised to reflect this authority to not confuse the membership.
  • Parking Committee
    The Parking Committee is proposing to reassign some unused areas as Visitor Parking Spaces. This will require approval by the Fire Department.
  • Landscaping Committee
    The Landscaping Committee is in the process of authorizing removal of a tree whose roots have impacted a unit's patio flooring.
Unfinished Business
  • Replacement of Patio Furniture was again deferred.
  • The Artistic Maintenance tree removal proposal was approved at the 16581 Grunion Building.
New Business
  • Wood repair was approved for all of the Grunion Buildings.
  • A Grunion Light Pole replacement was approved.
  • Scott English Plumbing proposal was tabled.
  • Replacement of Janitorial Services was tabled.
  • Two liens were approved.
The next meeting of the HOA will be Monday April 25th at 6:30m in the Cabana Clubhouse.■
Editor Notes:
  1. The previous Board waited until the written nominating closing date to announce that three members were not running. The Secretary had resigned several months before and vacancy had not been filled. This created a "panic" to fill four open positions with an official ballot that listed only one candidate. This prompted the “write-in” campaign that resulted in this present board.
  2. Only members whose name is registered on the deed and whose primary address is at Harbour Vista can serve on the Board. Also, if the members property is own through a trust, this does not meet the deed requirement.
  3. Beige vinyl windows blend with the HOA beige building walls as compared to the pop out effect of white or black vinyl windows.
posted 7 March 2016
February 2016 HOA Meeting Highlights
PLUMBER ANSWERS QUESTIONS
Committees Reports Submitted
Termite Vendor Discussion
The February HOA monthly meeting was held in the Cabana Clubhouse with four Board Members present: Ted LaMantia, Cynthia Lee, Mike Peduzzi, and Mary Williams. Also in attendance were Peggy Shaw from Action Property Management and seven residents/property owners.
Guest Speaker
Two representative from Scott English Plumbing, one of the preferred vendor for Harbor Vista, provided a discussion about recent plumbing issues.
  • Members were concerned that when the water was restored to the buildings, hot water service would stop working. Scott English Plumbing stated that the boilers do not turn on correctly, requiring them to return to the property to restore the hot water system. This and other issues are being passed on to their management to improve their service.
  • There were concerns for the members regarding brown water appearing when the services are restored for the Grunion Side (Phase II). One homeowner stated that her white towels came out of her washing machine with brown stains. This was attributed to a new drought conservation policy imposed by the City cutting back on the number of times the water flushed at the Fire Hydrants. This is causing more sediment to transfer into our water system when it is restored. The plumber has been asking residents to flush their unit water systems by running their faucets for about an hour after a building water service is restored. The Board raised concerns that Harbour Vista’s monthly water bill is increasing.
  • It was asked if the three week water leak at the Lago gate was an indication that Harbour Vista plumbing system has major deterioration problem. Scott English explained that many pin hole leaks were evident on the length of PVC pipe that was finally replaced to fix this leak. But PVC pipe does not normally deteriorate.
  • Scott English Plumbing stated that Harbour Vista was not any worse than any other Association and our issues are not unique to our plumbing system or its age.
Open Forum
  • Some members raised a concern about reeds in some of the ponds. They restrict flow and create stagnant water. The Board is working to get this fixed.
  • A homeowner told the Board that paint is coming off a recent balcony repair. The Property Management is contacting the vendor.
  • A homeowner wanted to know if the HOA was still using the BugMan for termite issue. The BugMan has a contract with the HOA. The Board reiterated that members are responsible for any termite issue inside their units. The HOA is only responsible for outside damage and the common areas which include exclusive use common areas such as the attics space in the top floor units.
Committee Reports
Both the Architectural and the Parking Committee submitted their reports to the Board for review. The Board stated that they wanted 30 days to review these recommendations and would then have the HOA General Council review them before distributing them to the membership.

The Landscaping Committee is working on replacing grass areas with more drought resistant materials.
Unfinished Business
  • Both wood and roof repairs were approved from last month meeting.
  • Replacement of Patio Furniture was deferred, again.
  • A Landscaping Proposal was deferred.
New Business
  • A proposal for repair Concrete was approved.
  • A proposal for repair of bridges was tabled.
  • A light pole replacement was approved for one of the Grunion Buildings.
  • • Proposals for repairs of wood, roof and drywall was tabled.

Two liens were approved. The next meeting of the HOA will be March 28th at 6:30m in the Cabana Clubhouse.■


Note: Water Quality tested the water in a unit on the Cabana side shown in the sink photo. The water was declared safe. See test results. The color in the water goes away if faucets are run for an hour in a unit
posted 31 January 2016
January HOA Meeting Highlights
ARCHITECTURE COMMITTEE FORMED
Water Shutoff Issues
Landscaping Concerns
The January HOA monthly meeting was held in the Cabana Clubhouse with all Board Members present: Mike Mengel, Ted LaMantia, Cynthia Lee, Mike Peduzzi, and Mary Williams. Also in attendance were Peggy Shaw from Action Property Management and nine residents.
Architecture Committee Established
The Board announced that the HOA Architecture Committee had been formed as required by the CC&R's and Davis-Sterling. Three members have been appointed: Michael Barto, Ray Koagel and Brenda Richardson. Ray Koagel and Brenda Richardson are part of the original Parking Committee created a couple of months ago. In reviewing the CC&R's, the HOA had discovered that Parking Committee was part of the Architecture Committee and therefore Ray and Brenda were appointed to the Architecture Committee.
Parking Committee
The Parking Committee announced that they have been at work painting the words “Fire Lane” and “No Parking” on red marked curves around the complex. The Police department will not ticket or tow vehicle from our red areas unless they are clearly marked.
Landscaping Committee
Volunteers for the Landscaping Committee will meet inside the Cabana Gate for a walk-through of both sides of the property starting at 9AM on Monday February 8th.
Emergency Water Shutoff
The HOA Plumbing company Scott English was called on the weekend for an emergency sidewalk water leak repair. Although water was restored quickly, hot water service was not fully restored until Sunday. The plumbing Company needed to locate someone who could provide instruction to the weekend crew as to how to restart the boiler.

Another related issue, a local plumber turned off the main water line without any notification to the residents or the Property Management Company. Scott English Plumbing was again called in to restore services.

A suggestion was made that even the HOA plumbers have need to have readily available procedures for turning the water and boilers off and on.
Landscaping Concerns
A homeowner expressed concern that the Landscaper is cutting the grass too short which prevents it from retaining water. It therefore turns brown. The Grass should be allowed to be 3 inches high during the once a week grass watering because of the California drought.
No Hedge Removal, Please
Several homeowners were very concerned that the HOA might want to cut down the hedges attached to garage walls on the Grunion side of Harbour Vista because they are encroaching on the walkways. This would negatively affect the esthetic of their view from their units. It was suggested that they need to be more properly trimmed as they were in the past and not allowed to grow so high.
Unfinished Business
Eight items were approved from last meeting
  • Slider Balcony Door repair was approved.
  • One Patio Deck Repair because of Dry Rot.
  • Three deck handrail repairs.
  • Roof gutter repair for all buildings.
  • A dryer vent clean out.
  • Stucco Repair.
New Business
All news proposals were defered including a tree removal.

No new lien was publicly announced. The next meeting of the HOA will be Monday February 22nd at 6:30pm in the Cabana Clubhouse. ■
Editor Note:
  1. Harbour Vista News for many years has had posted a Water Shutoff Procedure which was written by a former HOA Board member and the current plumbing company at the time.
  2. The history of the Emergency Water Shutoff, has several conflicting reports. Needless to say this is what was implied at the Board meeting and may not be the actual history behine it.
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