THE ASSOCIATION AND BOARD OF DIRECTORS
The Beverly Oaks Homeowners' Association is governed by a board of directors who are elected by the owners. The board consists of 5 homeowners serving on a volunteer basis for a two year term.
The policies and projects of the Association are listed in the Covenants and Restrictions (herefater "bylaws") and where not specified, are determined by a vote of the owners. The owners determine the policies and projects for the Association, and the directors and the contractors implement these policies and projects at the owners direction.
The directors and officers of the Association have a fiduciary responsibility to lead and educate the community in its long and short term financial management. The board should act in good faith and in the best interests of the community as a whole and to act within the limited scope of their authority.
The Beverly Oaks board is currently a "working board" as efforts to employ full management have not been effective in our community. When full management was employed in the 2007-2009; the costs were high and the service were far below acceptable. Full management appears to be more realistic for larger communities with much higher assessments where the management fees are sufficient to pay for dedicated resources within the management company. In 2009, the Association reverted back to a "working board". A key component of a successful "working board" is the development of reliable contractors who will learn the idiosyncrasies of the community and property and who work well within the boards style. The work is organized around the following task groups.
Painting and siding
The painting and siding tasks include recruiting a painter and carpenters to do a walk-through with the board, mark repairs on the homes to be included in the bid (e.g., stop water leaks, replace rotted siding and trim) and prepare a detailed bid by house. After receipt and acceptance of a bid, the task includes working with each homeowner to identify additional services (if needed) and to work with the bookkeeper to invoice any additional work to be done as well as collect any outstanding account balances - all homes must be current to be painted. When work starts, the task includes checking the work multiple times a week for good workmanship, monitoring the paint consumption to be sure the paint hasn't been watered or substituted, and to help solve any problems encountered. The painting and siding project also includes offering "at cost" services to homeowners not on the cycle who want to make repairs between their scheduled annual paintings.
Landscaping includes the weekly lawn services (mowing, edging, hedge trimming) and irrigation management, as well as the periodic services like irrigation repair, tree trimming, fertilization and plant disease care, and the planting of the flower gardens. This task requires the develop monthly worklists and supervising/coordinating multiple vendors (maintenance crew, irrigation specialist, tree trimming crew, fertilization and disease control company, and a nurseries). Landscaping also includes coordination with homeowners to remove/replace dead or dying trees and shrubs in an effort to maintain the overall appearance of the community and keep within the architectural standards of the community.
Financial oversight includes the weekly paying of bills, monitoring expenses consistent with the budget, overseeing member collections, and developing member payment plans, liens, etc. It also includes maintaining and not comingling the funds from the operating accounts, capital reserves, and emergency reserve. Financial oversight includes developing and updating a reserve study and reserves saving plan as required by the bylaws. It also includes billing homeowners for painting services above the cap and for any "group purchases" (e.g., plants, tree services). Financial oversight includes the filing of tax returns and the preparing of files for the annual audit.
Security and architectural control
Security and architectural control covers a broad list of small projects. It includes management of all security systems including the replacement of lamp posts and common property lights bulbs and electric eyes, monitoring the mailroom and the security gate in real time, as well as managing the security cameras and recordings. It includes traffic and parking management and maintenance of traffic control devices (doors, gates, signs, cameras) as well as relations with neighboring business. It includes architectural control tracking of roofs, garage doors, etc. and sending of notices to non-compliant properties, the issuing and tracking of fines, and resale certificate requirements (what a seller must do to bring a home in compliance before selling). It also covers management property trash.
Information technology includes member communications ranging from email to voting and website operations, as well as member database management, meeting minutes, community news releases/newsletters. Information technology also includes the development and filing of legal documents.
Special projects are tasks such as updating the bylaws, , negotiating the sale of property to TxDOT, building a mailroom, making foundation repairs to the 2023 building, major street/concrete repairs, installing a security gate, landscape renovations, etc.
To meet the accountability requirements for the State of Texas with respect to legal accountability, adherence to laws, payment of taxes, and consumer protection, four officiers and a legal agent are identified each year.
The president presides over meetings and is vested with all the powers generally given to the chief executive officer of a corporation. The president presides at all meetings of the board and the membership. The president will execute contracts, orders and other documents in the name of the association as its agent. When signing documents the president binds the association under a doctrine of inherent powers.
The vice-president is vested with all the powers which are required to perform the duties of the association president in the absence of the president. The vice president does not automatically possess inherent powers to act in the capacity of the chief executive officer, and may act for the president only when the president is actually absent or otherwise unable to act.
Conflict of Interest Policy
Board member will take care to avoid conflicts of interest or the appearance of conflicts. Specifically:
Under no circumstances will any owner or board member be financially compensated for his labors for the association;
Under no circumstances will any owner or board member use contractors or service of the association, and pay the association back;
Under no circumstance will any owner or Board member maintain a petty cash file or be paid in cash. Petty cash reimbursement is only to be paid with an Association check.
Under no circumstances will any owner or board member be given fence, roofing, transmitters, or paint materials, etc., purchased by the Association without paying for the material prior to receipt;
Under no circumstances will any owner or board member purchase tools or office equipment with Association funds;
Under no circumstances will any owner or board member accept personal favors or gifts from contractors of the association;
Under no circumstances will any owner or board member company or a company that they use in another capacity be used by the association unless; there are 3 or more written bids showing that the vender either (a) provides unique services, or (b) is less expensive than an outside vendor, but meets all other criteria (e.g. insurance);
Board Members agree not to collect undisclosed fees, rebates, or discounts from service vendors; and in the event that any should be collected, such fees shall be given immediately to the Association;
The Board shall maintain a separate bank account in a bank where deposits are insured by the Federal Deposit Insurance Corporation.
Assessments Annual Assessments and Special Assessments are mandatory obligations set forth in the home owner's deed restrictions, also known as Covenant and Restrictions, filed in Dallas County (Instrument number 201300037131, restated on February 5, 2013) and are non-refundable except in the case of overpayment. Overpayments will be refunded within 15 days of receipt of a written request.
Group Purchase Services and Products Association fees for services or products are guaranteed for 30 days from date of delivery or work completion date. If there is a defect, the Association will correct the defect within 45 days of receipt of an email or written request.
Owner privacy is important and the Association and will take all reasonable measures to protect personal and financial information.
All financial information held by the Association will only be used to manage and collect Association assessments and fees. Disclosure of financial information will be limited to the Association accountant, banker, auditor, lawyer, online payment processor, and board of directors. In no case will an owner's financial information be disclosed to anyone else with the exception that all lawsuits, legal judgements, and liens are required to be disclosed to Association members.
All debit and credit card information will be handled by a third party processor with no disclosure to the Association. The Association will not take cash payments.
All contact information held by the Association will only be used for official Association business as approved for by the Board of Directors. No personal or private solicitations of any type will be made.
The Association will not sell or redistribute any personal or financial information to anyone at any time. The Board of directors reviewed your request for reimbursement of the electrical costs for operating one of the community irrigation clocks connected to your home. The Board has ruled that all six owners that are powering irrigation clocks are entitled to be reimbursed for electrical costs at (1) the rate the community would pay if the controller was connected to the community power line and (2) provided the owner submits an invoice yearly between January and March 31 of any year that reimbursement is sought.
Community Electricity Reimbursement Policy
Six homes in the community have low consumption electrical devices that service the community overall. The Association will reimburse power usage The Board of directors reviewed your request for reimbursement of the electrical costs for operating one of the community irrigation clocks connected to your home provided that the owner submits an invoice between January and March 31 of any year that reimbursement is sought. No prior year reimbursements can be made.
Sprinkler Controllers. The community will reimburse $3.02 annually for 20.2 kilowatts consumption a year. The reimbursement is based on the fact that the a controller is a 2.1 watt clock that uses an additional 10% in electric consumption for the opening and closing of valves (research paper). The community currently pays $0.15 per kilowatt hour. Calculated in 2016.
Mailbox Lamp posts. The community will reimburse $20.08 annually for 133.17 kilowatts consumption a year. The reimbursement is based on the 12 month consumption of the two light fixtures mounted on the 2023 garage. The community currently pays $0.15 per kilowatt hour. Calculated in 2016.
Recalculation of Reimbursement Rates. A recalculation of the reimbursement rate can be requested in any year by the board or any owner. Changes in the electric contract prices will affect these rates (higher). The planned replacement of the CFL lights with LED is expected to change the rates (lower).