Whittier Community Association HOA, Inc. Meeting was held by Zoom Meeting Minutes June 25, 2024

The Board of Directors of Whittier Community Association met virtually on June 25, 2024, at 7:00 p.m.

PRESENT:

• Frank Hackett, President
• Jackie Parks, Vice-President
• Tim Sweeney, Treasurer
• Elizabeth Hoover, Secretary
• Sally Hoague, Director
• Bernarda Jackson, Director
• Nancy Sweet, Director
• ABSENT: NONE
• OTHERS PRESENT:
• Nancy Keen, Vanguard Management
• Homeowners (On file with Management)

Call to Order

The regular meeting was called to order by Mr. Frank Hackett, President, at 7:00 PM. Mr. Hackett turned the meeting over to Ms. Jackie Parks to lead.

Ms. Parks stated an email was received from Mr. Jason Smith resigning as a Whittier HOA Director. She read the email to the board where Mr. Smith stated his reason for leaving was due to family time commitments and wished the Directors best wishes with their projects.

Approval of the April 23, 2024 Minutes

Ms. Elizabeth Hoover, Secretary, requested if there were any further changes to the April Meeting minutes. A motion to approve the minutes made by Ms. Hoover and seconded by Ms. Sally Hoague, Director. The motion passed 7/0/0.

Treasurer’s Report

Mr. Tim Sweeney, Treasurer, reported moving money into a money market account. He reviewed the list of documents that will be kept after the HOA document review scheduled for July 3rd, and noted digitalization of remaining documents will save approximately $2300 annually in storage fees. Mr. Sweeney noted the snow removal contract has expired. Ms. Nancy Keen, Vanguard, suggested a work session to review all contracts. 

Mr. Sweeney noted during the March HOA meeting, a financial task force was approved and requested board members to volunteer for the task force. Ms. Parks, Mr. Hackett, and Ms. Bernarda Jackson, Director, volunteered. Mr. Sweeney noted he would encourage residents to also volunteer.

Management Report

Pool House Repairs:

Ms. Keen noted there was an email request to repair the pool houses. She requested for the email approval for pool house repairs to be ratified. A motion was made by Mr. Sweeney and seconded by Ms. Parks. The motion passed 6/1/0.

Dead Tree Removal:

Ms. Keen noted there was an email request for tree removal by Lee Tree Service for $3,415, with an additional $670 for Lakeside Drive tree removal. A motion was made by Ms. Parks and seconded by Ms. Hoover. The motion passed 7/0/0.

2023 Audit:

Ms. Keen noted the audit was received and noted as a clean audit. A motion was made by Ms. Jackson and seconded by Ms. Nancy Sweet. Mr. Hackett raised concerns addressed in the letter dated April 25th. Mr. Sweeney noted he had questions on the investment policies and payment delinquencies and would like to obtain clarification before approving. The motion to approve the audit failed 0/0/7. A motion to table and send back questions to auditors was made by Ms. Parks and seconded by Mr. Sweeney. The motion passed 7/0/0.

Reserve Investments:

Ms. Keen stated there was an email request to change CDs to new ones with higher interest rates. A motion by Mr. Hackett and seconded by Ms. Jackson. The directors discussed the potential loss of income and recovery timelines. The motion passed 7/0/0.

ACC Shed Variance:

A Homeowner appealed to the HOA Board of Directors for a variance request for a second shed to house pool equipment due to a medical condition. Ms. Keen noted the ACC denied the request as there is no guidance mentioned for a second storage facility on the property. The homeowner noted there is no electricity to the shed and is out of sight from the street. Ms. Parks noted the city approved the location of the pool house. Ms. Parks made a motion to approve the exception to the Whittier ACC policy for this homeowner to keep the pool house in the current location due to medical concerns with a request the homeowner will submit a letter to the Board of Directors indicating that at the time of sale pool house will be removed before the house is sold unless it meets guidelines at the time of sale and seconded by Ms. Hoover. The motion passed 5/0/2.

Social Committee:

Ms. Hoover requested ratification of the Social Committee members and planned events that were sent by email. A motion to approve the committee members and events was made by Ms. Parks and seconded by Ms. Hoague. The motion passed 7/0/0.

Committee and Task Force Reports

• ACC Committee:
  • No updates.
• Stormwater Management Committee:
  • Mr. Jamie Parks provided updates on the Lakeside Drive project and ongoing maintenance.
• Social Committee:
  • No updates.
• Townhouse Committee:
  • No updates.
• Dog Park Task Force:
  • Ms. Parks provided an update on a recent meeting with the City of Frederick Director of Parks and Recreation.  She advised the city is open to exploring possibilities and feasibility of a dog park within Whittier. The Dog Park task force was also given a contact at Kellerton to obtain information about designing and determining the best location. Ms. Jackson noted there is a pathway being installed from the Kellerton neighborhood extending to Baker Park. She noted if the path was not constructed soon will have to wait years before it will be built as the city did not include with their plans as it is part of HOA. Ms. Jackson noted the dog park is intended for both communities. Ms. Keen noted there was never a plan for the trail to connect to Whittier and the plan is not complete yet.  Ms. Sweet stated a resident requested to have the board discuss the HOA approving a pathway connecting Whittier to North Branch Trail. Ms. Parks read the email from the City of Frederick Director of Parks and Recreation that was sent to herself, Mr. Sweeney, and Mr. Hackett.

Old Business 

• Yard of the Week:
  • Mr. Hackett noted he has enjoyed working with the Garden Club to place signs in the homeowner’s yards. He noted the posts on Facebook have received lots of positive feedback. 

• Website:
  • Mr. Hackett recapped the Website design taskforce and thanked Ms. LeAnna Armstrong for her help in redesigning the website. Ms. Hoover displayed the redesigned website on screen and noted it is the same web address as the old website. Ms. Sweet asked about making online payment and viewing HOA documents. Ms. Hoover responded there is a link to the Vanguard portal to access those items. Mr. Hackett noted under the “contact us” section, when an email is sent to Vanguard Management the Directors can also receive a copy of the email. Ms. Parks noted it is optional. Ms. Jackson declined to receive emails as the day-to-day management is under Vanguard. 
• Pool Conditions:
  • Mr. Hackett noted he would like to share his and Mr. Sweeney’s observations at our community pool houses. While this will take a few minutes, we want to share background information and what we discovered over the past few months.   

Before we begin with the pool houses, we will share background information on board-sanctioned community inspections in our community. Every home in our community receives a full maintenance inspection in September and re-inspections in March. We (Vanguard) usually have 4-5 employees who complete these inspections. Any home having an outstanding maintenance item noted in the March follow-up inspections is sent a notice, with the inspection form. The notice will indicate their pool passes are withheld until they send proof the issue has been resolved. HOA Cost: for September inspection is $14,500. The inspection form includes 24 inspection categories. If we applied the same inspection form and/or categories to the pool houses, we would be out of compliance in 14 of those 24 categories, or nearly 60%.

The cost is $9.00 per home for the full inspection (September) and $10.00 per home for re-inspections (March).  This cost is budgeted on the single-family and townhouse budgets. HOA Cost for reinspection: $3,500. According to Vanguard, 314 townhouses and 32 single-family homes, with continued maintenance items were noted on the spring inspections.  Vanguard indicated about half have completed the maintenance.  Cost: The board of directors held 175 families’ pool passes.  

The letter this board sends to our homeowners when we conduct our Community Maintenance Inspections reads: “The report is not intended to be threatening in nature, but to be helpful to you by identifying the maintenance needs for your Whittier home. By addressing the needed maintenance as early as possible, you may experience significant savings by avoiding future damage and more costly repairs.” 

As a board, we authorize the reinspection. Our re-inspection letter reads, “If the re-inspection determines that any maintenance issue is unresolved, pool passes will not be validated, and you will be advised that you must attend the next scheduled meeting of the Board of Directors to resolve this matter.

Separate from the full inspections, Vanguard employs on our behalf a community inspector who uses a checklist and inspects our common elements once a month. The Vanguard inspector is a full-time employee and does not live in Whittier. This inspection results in the Common Elements Observation Report. The community inspector is included in the Management fee. I bring this up because the person conducting these monthly inspections checks the boxes on her report that she had been in each pool house inspecting the pump room and shower room. They also inspect the building and trash receptacles.  

Mr. Sweeney, Ms. Hoague, Ms. Hoover, Mr. Parks and I have spent time at all three pools. We have collectively cleaned windows, water fountains, storage rooms, pump rooms, tossed truckloads of trash, and more. We have asked many questions and have included several answers for your reference as we review the pictures of what we found.   

Here is a set of answers to our questions:

• The flooring was installed at the three (3) pools in the fall of 2010.  It was $6,800.00 per pool. Continental Pools removed the flooring and power-washed it 5 years ago. 
• Continental Pools’ Supervisor inspects the pools several times a week, sometimes every day, depending on any shared concerns.  Ms. Keen inspects the pools at least every 1-2 weeks. 
• Continental Pools is responsible for cleaning the pool houses and the pools.
• The cleaning is included in the Pool Management contract cost. Vanguard does not use a checklist, but Continental Pools uses a software system that has a checklist.  
• When inspections are completed by Vanguard, we are observing for cleanliness of the bathrooms and pool.  
• We check with the lifeguards to see if they need anything or if there have been any reported homeowner concerns or problems. If we see anything during the inspections we notify the lifeguards to correct the concern and let Alexis know. If Alexis needs a repair completed, such as a plumbing issue, she will let me know.

In the past, any pool house improvements have been completed at the request of the Board and the Pool Committee. No one at Vanguard is trained or certified in pool operation.  We rely on the pool contractor to let us know if any deficiencies need to be addressed. The pools are inspected by the Frederick County health department at the opening and closing of the pool in addition to random inspections during the season. They would notify me if there were concerns that needed to be addressed.   

The question is how did we get here? This all began in February when Mr. Sweeney asked me to go look at the outside lights at the Wetherburne Pool. If we lack confidence in the monitors of our assets and our programs, how can our community have confidence in us? 

Mr. Sweeney noted it started when he was reviewing the invoices in January and the electricity bill for Weatherburne pool was 2-3 times higher than the bills for the other two pools.  He stated the automatic light sensor had gone bad and drove up the cost. Mr. Sweeney noted the trashcans still contained trash from when the pool was closed down in the fall and was very rank. Mr. Hackett noted it raises serious questions and looked at the other two pool houses and discovered several major maintenance issues. Mr. Hackett and Mr. Sweeney showed pictures taken at the pool houses of the disrepair. Mr. Sweeney noted this disrepair did not happen overnight, and we need to ensure the upkeep is completed. He noted the board needs to take a hard look at expenditures as it is the largest expense for the HOA and pool attendance numbers are higher this year than past years. Mr. Hackett noted the Directors have had blinders on in the past, and the person completing the common element report has missed a number of items within the community such as the spring house and Storm Water Management. Mr. Hackett stated we are not getting our money’s worth of the common element reports and the homeowner inspections that cost over $25,000 annually. He concluded that the Whittier HOA should not tolerate these standards. 

Mr. Hackett made a motion for Whittier to suspend the common elements inspections, the September home inspection program, and immediately reinstate all homeowners with suspended pool passes due to maintenance issues but excludes any resident who is delinquent with their annual assessments.  The motion was seconded by Ms. Parks.

Ms. Sweet noted the people are delinquent and have problems and asked how does it right a wrong to reinstate the pool passes. She noted cant not hold a homeowner responsible just because we found another issue. Ms. Parks noted the board is responsible for the common areas and we have not been doing our due diligence. She noted the companies we have hired to maintain those areas have failed us. Ms. Parks stated it is a double standard and only punishing homeowners. She further added there is a problem overall with the inspection process as there are sidewalks that are trip hazards but have never been cited. Ms. Parks noted part of fixing the problem is fixing the reporting process. 

Ms. Jackson noted we do have a problem with the pools, and it is Continental Pool Company’s problem, so we have an issue with the pool company. She stated Whittier pays an astronomical amount of money to keep the pool houses maintained, and no one is monitoring them. Ms. Jacson noted the lifeguards are responsible for keeping the pool houses clean and they are not doing that. She noted we need to be held to higher standards. Ms. Jackson noted the mirrors were supposed to be replaced a few years ago but look like the original mirrors. She objected to apologizing to people who aren’t keeping up with the maintenance of their house and reissuing the passes. She stated we need to start from scratch and gut all the pool houses and the HOA has plenty of money in the account to rebuild all of the pool houses. Ms. Jackson noted we need to look elsewhere and have a fresh start, and not sure we can have changes with the same teams. She suggested having a meeting with the companies and see how we can change. Ms. Jackson noted we need to review the contracts and see who is responsible for what areas and hold them accountable. 

Ms. Keen stated the Whittier by-laws can only withhold pool passes for 30 days from the date the pool opens for a rule violation.  Mr. Hackett asked why none of the board members knew that rule. He added if Vanguard provided a new board member orientation, the board would know about the audit, storm water management, swimming pools, and all the other items critical to the community. He noted there should be a checklist, a manual and systems in place to provide guidance to the new board members. He noted as a board member of almost 2 years, he didn’t know about that rule. Ms. Keen noted in an ideal world, board members would read the management report and packets we give them, let alone the by-laws and declarations. She noted she is always available for questions and has been that way since Vanguard started managing the property. 

Ms. Parks asked where it was on the inspection letter about the pass suspensions being lifted after 30 days. Ms. Keen noted it is not part of the documents as people wouldn’t fix issues with their homes if they were aware of the rule. Ms. Sweet noted each homeowner receives a copy of the by laws and declarations and it is their responsibility to follow them. Ms. Jackson noted to change the by-laws to a fine system would require 75% of the community. Ms. Hoague asked if homeowners are notified of the reinstatement of pool passes for maintenance issues. Ms. Keen noted she has homeowners that will request access and validate on CellBadge. 

Ms. Jackson stated we should hold ourselves accountable, but we shouldn’t let the community go to waste. She added the community is now aware the passes are only withheld for 30 days and then they can access the pools. Ms. Jackson stated there is nothing we can do if homeowners paint their doors purple and shutters orange. 

Mr. Hackett stated someone needs to monitor the monitors, and we are holding homeowners to a standard. He reiterated we are in non-compliance in 14 of 24 categories. Mr. Hackett stated we need to hold Vanguard to the same standard of inspections we expect our community held to. Mr. Hackett stressed Vanguard works for the board and if anyone on the board believes what they saw tonight was acceptable, they should not be on the board. Ms. Parks inquired if we were paying someone to lie to the board. Ms. Sweet stated cannot use this just because members have a vendetta against Vanguard. Mr. Hackett and Ms. Parks stressed there is no vendetta against the management company. 

Ms. Jackson noted we need to have a conversation with both Vanguard and Continental about the oversight and understand what we are paying them for and then set ground rules with both companies. She stated if the company cannot perform, then perhaps they do not need the contract and we should find someone else. Ms. Jackson wasn’t aware of the checklist of the monthly common element report completed by Vanguard and thought Ms. Keen was there all the time. She stated the directors need to establish a platform for expectations and if cannot perform, than they are out. If Vanguard cannot do what we expect, they should be fired. 

Ms. Parks stated there is a chain of responsibility that has been missed and across the board a maintenance issue. Ms. Parks requested a point of order about the vendetta against Ms. Keen, but about holding our community responsible. Ms. Sweet noted the pool company is not responsible for torn siding or leaves in the louvres. Ms. Parks stated we have a management company that hired a pool company to manage our pools and need to understand what their level of care is to our pools. She stressed the overall responsibility is on our management company and as a board member if never went to the pool or saw the pictures displayed tonight, you would not think there was a problem with the monthly inspection reports and the pools were in perfect condition. Ms. Parks stated that the problem is with the mechanism we are using to check our contractors and is not about personal feelings. She stated the buck stops with the board, and we are responsible for the oversight and failing the community if it is not addressed. 

Ms. Jackson stated we all agree and something is broken, Vanguard should fix their mess and this never should have happened. She stated Continental messed up, but isn’t aware of how much items costs and has been relying on the management company and the honesty of the pool company. Ms. Parks stated there was an action presented by Mr. Hackett and need to stop the financial bleed of paying for something that isn’t being completed. Ms. Parks stated the inspection was not going to be suspended forever, but until the proper checklists and systems are in place. 

Ms. Jackson stated no one will have a responsibility to maintain their property and weeds will grow all over the yard. Ms. Hoover noted all of her neighbors care about their properties and in a year the neighborhood will not become overgrown. She stated the money that we would have spent on paying for inspections is being reinvested into the community instead of raising homeowner dues to pay for the refurbishment of all three pool houses. Ms. Hoover noted that as previous treasurer of the board Ms. Jackson should know where the money has been going. Ms. Jackson noted since Vanguard was responsible, Vanguard should provide a fall and spring inspection for free due to the lack of care as repayment to the Whittier HOA. 

Ms. Sweet asked if the community inspectors go inside the pool houses. Mr. Hackett advised that the inspector does go inside based on the common elements report presented to the board as part of the monthly board packet. Mr. Sweeney noted many neighbors report violations and there is accountability with neighbors and people are going to maintain their properties because it is important to them. 

Mr. Hackett reiterated the motion for Whittier to suspend the common elements inspections, the September home inspection program, and immediately reinstate all homeowners with suspended pool passes due to maintenance issues but excludes any resident who is delinquent with their annual assessments.  The motion passed 5/2/0.

Ms. Jackson made a motion that Vanguard provides the fall and spring inspection to the community free of charge as repayment to the community due to the lack of inspections and care for the pools. The motion did not receive a second, the motion failed. 

• Excessive Dog Poop Complaint:
  • Ms. Keen stated the issue was reported to City of Frederick code enforcement and the city is requesting the homeowner to allow a code enforcement officer access to their property to observe the neighbor’s yard. 
• HOA By-law Review and Rewrite:
  • Ms. Keen noted a draft is to be ready by July 12^th for the Board of Directors. She would forward to the directors as soon as she has the draft. 

New Business

• New Branch Trail:
  •  Ms. Parks stated this is not part of Dog Park Task Force and noted concerns about the board moving forward. She will be following up by email to the entire board regarding the easement rights. 
• Budget Committee-
  • Ms. Parks noted the board should be a part of the process to develop the 2025 budget. Ms. Keen noted she can develop a draft budget of the next year’s Vanguard budget and forward to the finance committee for review. Mr. Sweeney noted it would be helpful as many contracts need to be reviewed. Ms. Parks noted when the 2024 budget was approved, it included approving the contract for Vanguard’s services to the Whittier community. She noted Vanguard should be submitting a separate proposal and not attaching it to the approval of the budget. Ms. Parks requested for Vanguard to list out expenses Whittier is paying for with Attachment A. No motion was needed as this is required under the by-laws. 
• Audio Recording Retention:
  • Ms. Parks made a motion to request retention of the April meeting audio recording to assist in resolving a situation in which the Neighborhood Advisory Council (NAC) 1 Liaison stated he received poor treatment by the Whittier HOA Directors during the May 1, 2024 NAC Meeting. Mr. Hackett seconded the motion. The motion passed 6/0/1. 
• Election:
  • Ms. Parks requested the formation of a nomination committee. She noted a board director and 2 community members would organize the election and would be responsible for how we vote. A motion to create a nomination committee for prepreation of the annual election was made by Ms. Sweet and seconded by Mr. Hackett. The motion passed 7/0/0.

Homeowner Open Forum

• A homeowner praised the Yard of the Week posts, dog park efforts, and the new Whittier website.
• A homeowner suggested an additional open forum at the beginning of meetings and would like it documented for the support of electronic voting at the annual election. The homeowner noted their support of Vanguard compensating Whittier for the home inspections as the community had paid for this service. 

Adjournment of Regular Meeting

The regular meeting was adjourned at 9:47 PM with a motion by Mr. Hackett and seconded by Mr. Sweeney. The motion passed 7/0/0.

Executive/Closed Session

The Executive Session was called to order at 9:47 PM.

The Directors discussed a write-off of an uncollectable amount of $226.04. Ms. Parks made a motion to approve the write-off and was seconded by Mr. Sweeney. The motion passed 6/0/1. 

The Directors discussed a write-off of an uncollectable amount of $269.11. Ms. Ms. Parks made a motion to approve the write-off and was seconded by Mr. Hackett. The motion passed 7/0/0.

A motion to adjourn Executive Session at 9:55 PM was made by Ms. Sweet and seconded by Mr. Hackett. The motion passed 7/0/0.

Minutes prepared by: Elizabeth Hoover, Secretary

The minutes were approved during the Augus

Next Meeting: August 27, 2024, at 7:00 PM on Zoom.

Pictures Shown during the meeting taken by Mr. Hackett and Mr. Sweeney.