This is a compilation of the prepared topics and Q&A discussed during the meeting. Thanks to everyone that attended. Based on feedback, we plan to conduct these more often (perhaps 2 – 4 per year) in order to facilitate open communication. If you have needs or business with the HOA, contact Nicole Predhomme at Nicole@nhmllc.org or 205-877-9480. If you have issues getting resolution with NM or have additional questions or feedback to the Board of Directors, you can contact us at HOA@BrookHighland.org. We also refer you to BrookHighland.org, where you can find information from the Board of Directors. (Note, brookhighland.org is for residents only. It is not managed by or accessible to Neighborhood Management, LLC).
Welcome and Introductions
- David Gambrell – Board Member, President
- Jay Waites – Board Member, Treasurer.
- Vince Amaro – Board Member, Secretary.
- Jeff Weibelt – Officer, Asst. Secretary. – manages our website and security.
- Ryan Meyers – Officer, Asst. Treasurer – was also a Board candidate.
- Approximately 40 residents signed in on our attendance sheet. (Note, we did not invite NM as this is YOUR meeting.)
Safety and Security (Special Topic based on survey feedback)
Sgt. Robin Turner of Shelby County Sheriff’s Office (SCSO) talked about community crime statistics, their role, our role, the importance of reporting and how to contact them. We are in the Northern section of SC (1 of 4 sections), covering from Leeds to Dunavant to Hoover. We have 37% of the crime in SC in our section. They have only 3 patrol units in our section but will respond. He suggested we contact our SC Commissioner (Rick Shepard) if we want to influence coverage. Below are just a few of the highlights from his talk and Q&A. Please refer to the SC Sheriff’s office for official guidance.
- Report any crime, suspicious activity or Patrol Requests to SC Non-emergency Dispatch (205-439-6917). Special Patrols will be conducted at least once per shift for two weeks. If you can’t find the number in a timely manner or have immediate need of assistance, call 911.
- SC Sherriff will investigate citizen reports but cannot act on them without witnessing the crime or activity.
- FLOCK security camera footage is admissible in court. We will ensure SCSO has open access to our cameras (we have in/out bound cameras at both entrances). Investigators have used these to solve crimes. You can also request the HOA (email HOA@brookhighland.org) to provide camera footage to authorities when reporting crimes. The cameras save data (picture, tag, color, make, model, date, time, etc.) for 30 days.
- 2022 BH area (280 to 119) stats: 315 calls, 63 patrol requests, 89 suspicious vehicles, 3 home burglaries, 3 vehicle break-ins (seems low), 0 homicides.
- House burglaries are typically performed during the daytime hours at locations where “scouts” believe no one is home. Scouts can also pose as service people (utility workers, day laborers, etc.) So report suspicious vehicles or people.
- Car break-ins are typically at night by “door pullers”. They drop off 4-6 people, dressed in black, and go through the neighborhood pulling door handles, get inside the car, grab what they can find, then go to the next house. So, lock your cars (and house), and report suspicious people.
- Shelby County has a “leash law” pertaining to free roaming animals (consistent pattern). Residents should have their dogs “under control”, (e.g. fence, electronic collars, leash) on a normal basis (not necessarily 100% of time). Regardless, animal attacks (bites) should be reported. The animal will be quarantined (voluntarily by the owner) else they will be terminated. Animals with an aggressive pattern (>3 attacks) will be terminated and the owner will be charged.
- SC does have a noise ordinance that normally starts after 10 pm.
- He also gave some advice (during Q&A) about self-defense of person and property (please refer to SC office for official guidance). He said you have a right to use physical force to defend your person or property. He said you could use lethal force (gun) to defend your person (or family) in your home if your life is threatened (see laws for more requirements such as: level of threat, ownership of property, not involved in illegal activity, etc.).
- He provided us with some information to assist in starting a Neighborhood Watch. Attendees were asked to indicate if they would be interested in participating. We will follow up later with all of you.
- If you have additional questions, you can contact Sgt. Tuner directly at 205-670-6061.
HOA Management Overview
Governance
- The HOA was established as a non-profit corporation governed by AL state law.
- Articles of Incorporation – Establishes the HOA (and purpose) as an NPC
- By-Laws – Establishes the HOA operation and roles.
- Both of these are attachments to the Declaration of Protective Covenants
- Specifies requirements and restrictions on property.
- The responsibilities of the HOA and Resident.
- The ability to set dues, assessments and remedies.
- The purpose of the HOA is to maintain and protect the value of your property.
Board of Directors Role
- The BOD represents you (members are elected annually).
- We are responsible for ensuring the HOA is managed to the governance.
- We provide oversight and direction to our Property Management Company.
HOA Administration is currently under contract to Neighborhood Mgt., LLC
- NM does good / reasonable price job, wide experience (30 plus properties)
- NM is owned by Eddleman, but NM takes ALL direction from our BOD.
- The BOD is in constant contact with NM and meets Monthly.
- We review all Financials, Expenditures, Compliance and Resident Interaction
- We approve all Enforcement & Legal Actions
- We also review all ARB Requests & Violations
Contract Services include:
- Administration – Correspondence, Filing, Resident Communications, Compliance, Meetings, etc.
- Financial – Budgeting, Accounting, Billing, Expenditures, Banking, etc.
- Common Area Maintenance – Maintenance, Contractor Management, Projects, etc.
- Compliance – Monitoring, performance, liens, etc.
- Adhoc – Legal Counsel, BOD directed activities, etc.
Financial Status (Refer to Handouts)
- Reasonable dues, lower than most HOAs
- Key Categories:
- (34%) for Administration costs
- NM (lower than competitors)
- (35%) for Landscaping (Incl. $13k for projects)
- (6%) for Maintenance & Repairs (Incl. flumes in future)
- (6%) for Services (ARC expenses and Security)
- (29%) for Utilities (mostly electricity for streetlights)
Projects that we have completed or are pursuing:
- We added grating over large (4ft. diameter) culvert on BH Drive (near lake) to preclude further clogging and flooding impacts.
- We are soliciting bids to extend the sidewalk at the front entrance to connect to BH Parkway.
- We are assessing all flumes (concrete ditches) and drain pipes in the neighborhood to repair damage, maintain cleanliness (to preclude clogging) and plan for tree removal in the future. We will also be treating dumping of debris in the flumes as a future violation, potentially including fines for cost of removal.
Architectural Review and Covenants
ARB Overview
- The BOD is now the Architectural Review Board as opposed to someone from the association’s management office reviewing our requests.
- We have an automated tool known as “ARC Tracker” for requests resulting in immediate reviews and responses within a targeted 72 hours.
- Submitting an ARC request precludes future questions of compliance and provides documentation on discussions, approvals, etc.
- Note, ANY change to your home’s appearance should be submitted.
- If in doubt, PLEASE email us at HOA@brookhighland.org or submit an ARC request at arctracker.com.
Covenants
- Covenants exist for our investment protection.
- They are guidelines of how we can live together while upholding the appearance and value of our neighborhood.
- Remember, we all signed documents at the closing of the purchase of our homes pledging to support the covenants of Brook Highland. When we do not follow the covenants of our neighborhood, we are in violation of what we agreed to.
- The commitment the three of us on the HOA have to the neighborhood is to assist the management company in reminding us we are not following those guidelines. If you receive a letter about a violation, don’t take it personal. It is a friendly “reminder” of a correction that needs to be made.
- In Brook Highland, we have a low percentage of neighbors who react negatively when they receive a “reminder”. We appreciate the majority of the neighborhood that responds positively and corrects their issues.
- Since taking over the HOA from the developer in the fall, one of the top 2-3 topics we have been approached about by neighbors is better covenant enforcement.
- Current Status
- 35 Open non-compliant violations (of 794 homes)
- 19 New, 5 Repeat, and 11 in Discussions
- Consists mostly of trailers, mailboxes, or landscaping issues
- Seeing a lot of changes being made without prior ARC reviews. It’s not you, it’s not personal, and most are easily resolved.
- We are developing a “Guide” and Policies
- Guide to clarify existing covenants as to what constitutes a violation.
- Note the easy to read version on Brookhighland.org titled “Covenant & Good Neighbor Reminders”.
- Considering a better means of communication and dialog.
- Considering Lower-level remedy for repeat offenders to preclude legal actions.
Committees and Engagement
- Based on survey responses, the Board has agreed to sponsor 2 committees or groups to support the neighborhood assuming we can get a sufficient number of volunteers to participate and perform these activities. We will be sending out more information on this in the future. Please respond if you are interested.
- Social Committee – Many people have asked about social activities. We will set up a meeting with interested residents and members from the previous Brook Highland Women’s club to explore interest and solicit volunteers.
- Neighborhood Watch – BH used to have a neighborhood watch, but it is no longer active. Sgt. Turner provided some information, but it will largely fall to volunteers to develop a communications network. We will set up a meeting with previous NW members and interested residents to explore interest and solicit volunteers.
Q&A (not addressed in the above summaries)
- Who is our commissioner? – Rich Shepherd, District 8, 205-383-1913. The Board will invite Mr. Shepard to a future Resident Meeting.
- Does the HOA have a restriction on pets or a leash law? – The HOA does not have a leash law. Section 7.01 of the Covenants has a restriction for ”…(b) raising, breeding, or keeping of any animals, birds, or fowl; provided that an Owner shall be permitted to keep not more than two dogs and/or cats as domestic pets on a single Lot…”.
- Is the HOA responsible for noise? – Section 7.01 of the Covenants has a restriction for ”…(a) dangerous, noxious, offensive or excessively noisome activities which may be or become an annoyance or nuisance to Owners…”. Any pattern or continued use of property that violates this restriction should be reported to NM. Residents may also report noise issues to SCSO.
- What power does the HOA have for enforcing covenants? – While not in current practice (although it has been done before), the Covenants allow the HOA to “remedy” violations and charge the resident for all associated costs. The HOA is also considering a “fine” policy to deter violations. Charges for resolution or fines are recoverable in the same manner as delinquent dues (mentioned in the meeting material).
- Are AirBnB’s allowed?– Our Covenants do not restrict owners from leasing their home or selling a home to a corporation (that may lease it). This is a hot topic for HOAs, and the BOD recently discussed options for our protection with HOA lawyers. It was mentioned in the meeting that BH is zoned R-1, which probits this type of lease in Shelby County and that there is a current case in SC on this subject. We will investigate this further with SC and our lawyers to determine what course of action is available to us. It was noted in this, and other discussions, that any change to our covenants would require a 2/3 vote of all residents.
- Can we get speed bumps to slow traffic? Not likely. This was previously discussed with Shelby County, who suggested other alternatives such as signage, speed monitors, street painting (visual effects), and increased patrols. No specific action was taken. We encourage everyone to report speeding to the SC Non-Emergency dispatch and request patrols if it persists.
- Can we get entrance gates? – Not likely without significant cost and overwhelming support. We cannot put gates on public roads without deeding them back to the HOA and setting up a maintenance fund. We would also have to change the roadways and install gates at both entrances. We also do not own the adjacent property at the rear entrance which would pose another challenge. The data and opinions supporting gated communities vary widely among law enforcement and residents (in those communities) as to their effectiveness. The opinions of residents in BH also vary widely on this topic. Lastly, gates would not be possible without a 2/3 affirmative vote by all residents.
Handouts
- Agenda
- 2023 Budget
- 2022 EOY Financial Report