Board meeting of January 14, 2012

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Present

  • Peyton Carr
  • Joe Dzikiewicz
  • Sonny Fauver
  • Dave Norris
  • Drew Mulhare (observer)

Resolution in honor of Billie Millner

The board unanimously adopted the following resolution:

Be it resolved that the board of directors do hereby profess a profound sadness for the loss of Billie Millner, a friend, a neighbor, a kind, gentle, and generous man, and a valuable guiding hand in the establishment of the Chesapeake Shores Homeowners Association.

Update on the breakwaters project

Drew Mulhare gave us an update on the breakwater project.

The Chesapeake Shores Corporation has two heirs, sons of the original developer. Neither wants any further involvement with the business of the corporation. Therefore, there needs to be appointed a receiver to decide what to do with the assets of the former corporation, including areas of the beach and one vacant lot. There was a hearing held in Newport News to appoint a receiver (the corporation was in Newport News, thus the location of the hearing), but the judge found that it should be resolved in Mathews. Thus there is no ruling as yet, and the case will have to be held in the Mathews Court (which is actually held in Gloucester at the pleasure of the presiding judge).

This is causing some delays in getting permits for the breakwaters project. The issue is related to getting permission to dump sand on the beach. The breakwaters themselves can be built as they are past the property lines, but the sand would be dumped in part on common property owned by the Chesapeake Shores Corporation. But because the corporation is defunct, there is nobody who can give permission to dump the sand, and thus getting permits is delayed pending resolution of the common properties issue.

The current plan is to place sand in front of the six southernmost houses in the Chesapeake Shores subdivision, not just the four previously discussed. In effect, then, the project is Bavon+6, not Bavon+4, as it was previously labeled.

Luck Stone will not commit to participation until the permits are available. Until it is known whether Luck Stone will participate, it is not possible to determine what the costs of the project will be to the affected homeowners.

Resolution on the common properties

The board unanimously voted that:

Resolved that the HOA will petition to become involved in the receivership process with the goal of taking ownership of the common properties titled to the defunct Chesapeake Shores Corporation and to retain legal council as necessary.

Treasurer's report

Dave Norris presented the financial summary for 2011. Our costs were lower than expected, and our income a little higher, with the result that we have some extra money in the bank. We expect that this will be used both for legal fees and to handle any issues such as tree removal following a storm. The legal fees are an unfortunate necessity: formerly, Billie Millner had been acting pro bono as attorney to the HOA, but now we will have to hire council to handle all necessary matters.

Janet Perlowski, a CPA and one of our Chesapeake Shores neighbors, was kind enough to offer to review the financials: she will be presenting that review at our April meeting.

Dave also presented a proposed budget for 2012. He will be preparing a solicitation for dues which will contain the proposed budget to send to the membership and the 2011 financial summary.

Other business

Billie Millner, among his other services, acted as the registered agent for the HOA. With his passing, Dave Norris will act as our registered agent.