Rancho Heights Road and Management Committee

Date: May 24, 2010

Location: Temecula Pizza Company

Time: 7:00 p.m.

 

Property Owners Present: E. Dunnick, P. Bulfinch, T. James representing M. Deutsch, C. and J. Ayala, P. and C. Smith, R. Barbanell, G. Barfnecht, J. Wyatt, R. and C. Sheffey, C. Szepkouski, J. Hill, B. Gill Rep: Paul Rieker, J. Driscoll and S Simmons. 

 

 

Call to Order:

Chairman Eaton called the meeting to order.

 

Financial Report:

Report was presented by Treasurer Hill. Account balances, payables, receivables and collection status were reviewed. 

 

Financial Report Open Discussion:

Discussion was held on monies spent on legal fees for collections including the success rate of recovering collection fees for annual assessments. Discussion was also held regarding legal expenses incurred for addressing non-assessment issues with property owners who have violated Road Agreement. Group discussion covered associated topics including: the necessity of incurring these expenses in order to protect the property rights of all property owners, costs incurred and accounting practices for funds collected for cluster mailbox project, total funds spent on road maintenance as a percentage of revenues in comparison to administrative expenses, the difference between legal expenses for collecting annual assessments versus other legal issues and the recovery of said legal expenses, the impact of foreclosures and bank-owned properties on our overall collection of assessments: Note: it was stated by our bookkeeper that the bank-owned properties are brought current in their assessments before being sold by the banks.

 

Community Forum: 

 

Private Road Maintenance Road Agreements and Conditions of Improvement

 

P. Bulfinch presented his viewpoint of how private road maintenance agreements represent a problem for the community. Chairman Eaton asked Bulfinch if it was his position that the private road agreements entered into with the County over the years by a few property owners in order to subdivide their parcels nullified the existing 1973 Declaration of Restrictions and Road Maintenance Agreement that every property owner agrees to abide by when they purchase property in Rancho Heights. Bulfinch answered that he thought the individual private road maintenance agreements did do that. Eaton replied that after conferring with the community's attorney on the matter and hearing from a property owner who had discussed the issue with County officials, that he did not think Bulfinch's position was legally valid. 

E. Dunnick objected to the lack of disclosure regarding what owners are involved with these agreements.

J. Ayala asked for the name of the attorney representing the community in these matters; Robert Caietti, Esq. 

 

Mediation Meetings 

 

A series of meetings was held between secretary J. Geller, representing the community in his capacity of a private property owner , R. Barbanell, property owner, serving as mediator and fellow property-owners; P. Bulfinch and E. Dunnick. The purpose of these meetings was to provide property-owners Bulfinch and Dunnick an objective forum in which to share their concerns regarding the community and Committee's performance. 

 

R. Barbanell read the email he had written to J. Geller regarding focusing on the future versus past issues. The email was in response to J. Geller's decision to withdraw from the meetings, which dealt with activities well in the past and to focus solely on achieving progress in the future. Barbanell promoted the sharing of objective information throughout the community at large, to be constructive and reasonable. He stated that legal allegations need to be addressed and that the community needs to develop an understanding of such issues. He emphasized that the responsibility should not be shouldered solely by the Committee but by the community at large. 

 

Complaints from those in attendance followed, such as, “ It is always the same dissidents creating a combative environment:” “the same six or eight property owners are always trying to take the community hostage and take the community down.”

 

After this back and forth, Barbanell continued stating that, “there needs to be no emotion but rational presentation of fact with rational solutions.”

 

J. Driscoll expressed his opinion that, If parties don't have mutual risk, mediation doesn't work...that it is the right and responsibility to satisfy the good of all and that he was very appreciative of the few people who have stood up for the community.

 

D. Eaton emphasized that all committee members had run unopposed for their current seats; i.e. people with complaints in the community have not run for seats on the Committee where they might contribute to alleviate problems, but rather have used litigation and other pressure tactics in their attempts to impose their will.  

 

Chairman Eaton recognized P. Rieker, representing property owner B. Gill, who asked, “Are you familiar with the Code that says that a guy at a beginning of the road must pay less than the a guy whose property is at the end of a road?” Mr. Barbanell addressed Mr. Rieker stating, “Paul, you don't need to be yelling” and his questions were at that point tabled as a result of his presently being in litigation with the community. 

 

J. Wyatt asked J. Geller for his perceptions and opinion of the mediation discussions that had been held. Geller stated that his primary disagreement with Mr. Bulfinch and Dunnick was his belief that none of the past controversies surrounding Private Road Maintenance Agreements or Conditions of Improvement represented a risk to the Community. He reported that Mr. Bulfinch had done extensive research on these matters which he had shared and that upon consideration of this research the rest of the Committee and it's legal consultants shared his disagreement with Bulfinch's legal positions. As a result, Geller made the decision to discontinue his participation in discussion of these matters to focus solely on current issues affecting the community and his responsibility to serve the best interests of all property owners. 

 

 

Proposed Amendments:

 

J. Hill, who in her role as community volunteer has done extensive work in developing the currently proposed amendments to the Road Agreement, explained their content, design and objective. D. Eaton credited R. Rysewyck with planting the original seed for this concept.

 

8:30 p.m. Motion to adjourn by Chairman Eaton