Beverly Oaks Homeowners Association
Directed proxy for 2011 annual meeting
to be held on January 22, 2011

You will receive a confirming copy of your choices by e-mail.
If you do not receive the confirmation within 15 minutes, please re-vote.
House (Beverly Oaks street number )
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Please vote early. Directed proxies must be received by 12:00 Midnight, Friday January 21, 2011. If you change your mind before the deadline you may vote again - your last vote will be the one that is counted.
Approval of amendments to the Covenants and Restrictions

The board of directors recommends approval of the proposed amendments to the Covenants and Restrictions. This amended document will replace the current covenant and restrictions that are contained in 3 documents filed in Dallas County (Volume 81197, page 1973) on June 16, 1982, amended on February 11, 1983 and on January 1, 1991).

Private Review: The proposed amendments were published on the website on July 12, 2010 and have been available for review for 6 months. Owners were sent links to the proposed changes 11 times by e-mail between July 12, 2010 and December 6, 2010. Copies of the proposed changes were also available at the community mailboxes from December 7 - 14, 2010.

Public Review: Public review meetings were held on July 12, 2010 and December 6, 2010 with 46 homeowners attending. No material objections have been raised to the amendments.

Some notable changes in the proposed amendments include:

Adding a detailed description of the Associations federal and state tax obligations and identifying its "for-profit" status. There has been some confusion in the past that resulted in the Association accumulating a large tax liability. This clarifies the matter for future boards and hopefully will help avert future problems.

Adding a policy for the scheduling of exterior painting to insure that all homes are painted in a chronological rotation and that no home is painted out of sequence. In the past, homes have been painted out off sequence. This paragraph details the paint schedule rotation from 2009 - 2017 (includes all 95 homes) so that the rotation sequence will be documented and in the public record and part of every new owners closing package.

Adding the Associations obligations for conducting exterior maintenance including mowing and trimming, irrigation repair, pruning of trees, painting and trim repair, and the correction of architectural violations. These obligations developed over time but have never been documented. At times there been confusion about what owners can expect. This sets out the obligations of the Association more clearly.

Establishing architectural requirement the specific style, colors, and materials and roof, door, siding, and window replacements. Previously, these requirements have been left to board or owner discretion and as a result, the community now has many mismatched roofs, doors, and windows that make the community look old. These requirements only apply to replacements - existing roof, doors, and siding need not be updated until it is time to replace them. The intent is to slowly get the community back in compliance without causing any financial hardship.

Redesigning the voting system to require circulation of information early, the holding of a "pre-vote" meeting (s) to discuss the different opinions in the community, with voting by mail/email ballot therafter. Historically, the community votes once a year, has had to hold two meeting to get a quorum, and 15% - 20% of the community voted. Mail and electronic votes over the last two years have involved 65%-75% of the community. We would still have the meeting, but the purpose of the meeting is to discuss and debate the merits of issues prior to the vote - as we have done this year. This new system also provides for the submission of owner initiatives on ballots. Heretofore, voting was limited to board referendums

Establishing owner obligations to maintain a functional front yard lamp, to comply with Irving City trash ordinances, and to not routinely park commercial vehicles (taxi cabs, lunch trucks, step vans, etc.) on the property.

Adding a requirement and protocol to maintain a capital reserve fund to cover future roadway replacement and other capital repairs. The community operated deficit budgets in the 2000 - 2007 time frame and rather than build a reserve, the reserve was depleted. The protocol specifies how, in the future, reserve amounts are to be determined and that owner approval (a community vote) is required to release funds for specific capital projects.

Adding a policy requiring the insuring the common property of the Association against casualty loss. Previously, there have been lapses in coverage of the garage, screening walls, and other common property.

Adding a requirement to maintain an emergency reserve and a method for calculating the reserves balances needed to cover uninsurable risk such as underground water and sewer lines breaks that would interrupt services to the homes. The emergency reserve fund covers only the lines under the common area streets (not on private property).

A clear and concise policy regarding the state mandate to perform an annual audit. No audits were performed until 2009.

Minutes from the 12/7/10 community meeting are here:
Complete admendment is located here:

I approve the proposed amendments (subject to the architectural standard elected below)
I do not approve of the proposed amendment.
Optional: Reason for not approving:


Select architectural standards for replacement repairs made to your homes after December 31, 2012

To restore design consistency to the community, we are voting on a style standard for all door and fence replacements made in the future. Important - you will only be required to use this style standard when you replace a door or fence - existing structures do not need to be prematurely changed out.

1) Fencing Standard This applies only to the portion of the fence that is visible from the street. At several locations, wood fencing has significant visibility in the community - near the cul-de-sacs and near the entry and exit. Currently there are 6 styles of fence in these areas (Select one):

Stockade Style
4 inch wide pickets (6 ft high)
Side by side pickets
I elect this as the style standard

Note: This is the most common style in the community today. It is a dated look. Most fence companies now use wider pickets. The 4 inch board is not likely to be seen much in the next decade.

Home Depot sells 8 ft wide pre-assembled panels for $40.00.

Stockade Style
6 inch wide pickets (6 ft high)
Side by side boards

I elect this as the style standard

Note: This is an updated dated look using wider pickets. The lumber needed to build an 8 foot wide panel is approximately $40.00
Top trim
6 inch wide pickets (6 ft high)
Side by side boards
I elect this as the style standard

Note: This is an even more updated dated look with a trim board. The lumber needed to build an 8 foot wide panel and add trim is $44.00
Top cap and trim
6 inch wide pickets (6 ft high)
Side by side boards

I elect this as the style standard

Note: The lumber needed to build an 8 foot wide panel is $59.00.
Top cap and trim
6 inch wide pickets (6 ft high)
Overlapping boards

I elect this as the style standard

Note: The lumber needed to build an 8 foot panel is $74.00.

This is very high quality and durable design.


2) Fencing Color Standard As owners sometimes use different woods such as treated white wood or cedar which are different colors, and we have older and newer fences side by side, a stain will make the fences look more consistant. Stain also prolongs the life of the fence. This requirement only applies to the portion of the fence that is visible from the street although you may do the entire fence. Note - you will only be required to use this style when you replace the fence - existing structures do not need to be stained. (Select one):

No Wood Stain
I prefer this natural color even though fences will not match

Fox Balck Wood Stain
I prefer this color

Note: This is a color similar to the trim color on the homes. This is a Behr product available at Home Depot

Dark Mahogany Wood Stain
I prefer this color

Note: This is brownish color - also a Behr product available at Home Depot

Cinder Wood Stain
I prefer this color

Note: This is a Behr product available at Home Depot


3) Garage Door Standard (Select one):

Which fence style do you prefer as the standard (requirement) for all fences visible from the street. This standard only applies to when you replacement your fence - until that time, the current fence is adequate. Note - you will only be required to use this style when you replace a door - existing doors do not need to be prematurely changed out.

Most common door in community. This style was selected by the original architect to blend with the siding. Not a stock item with most door companies - the Association will negotiate prices with a vendor that would stock the door for us. The door costs the same as the other doors below.
I prefer this style:
.Flush Steel Door 1
The "long panel" design is stocked by most suppliers.
I prefer this style:
Flush Steel Door 1
The "short panel" design is one many service trucks. On the truck doors tend to be the lowest quality door.
I prefer this style:
Flush Steel Door 1


4) Backyard fence height (Select one):

Which fence height do you prefer as the standard (requirement) for all backyard fences. This standard only applies to when you replace your fence - until that time, the current fence is on compliance. This issue has been raised regarding the limited privacy for owners who have homes that back up to each other.

I prefer this height:
Flush Steel Door 1		 6 ft. Tall

This is the current height in the community. It does not afford much privacy.

Most preassembled panels come in 6 ft height.
I prefer this height:
Flush Steel Door 1

8 ft. Tall

This is a more private fence and will block first floor windows.

Most wide pickets are sold in 10 ft high pieces.
I prefer this height:
Flush Steel Door 1		 10 ft. Tall

This is the most private style and will block your neigbor's view into your yard from 1st and 2nd story windows.

Most wide pickets are sold in 10 ft high pieces.

5) Window Screens (Select one):

Which type of window screen should be set as the standard for the community for all windows visible from the street?



Standard window screen as is current on most homes now.

These typically cost a homeowner $5.00 - $15.00 each


High effeciency solor window screens. These are most effective on west facing windows

These typically cost a homeowner $35.00 - $45.00

This standard would require that all homes install this type of screen by 2014 to minimize the diversity in the community.

Select five owners to serve as directors
Order of candidates: Incumbents listed first, others as listed in the order submitted.
Robert
Bauer
I elect
Cancel
Pick only 5 directors
Incumbent: President 2009-2010
I'm thankful for the high attendance at the open meetings and the record +70% voter turnout. People are involved, they know the issues and they are making the decisions.

I look forward to the community completing many of the programs underway - getting the real time online accouting system up and accomplishing what we vote on as a group. ~Robert Bauer
Randy
Ranew
I elect
Cancel
Pick only 5 directors
Incumbent: Vice President 2009-2010
I've learned a lot. I think we all have. The web site has greatly increased communication and helped bring us together.

I'm looking forward to continuing the improvements we started in this last term. There is still much to do. ~Randy Ranew
Brenda
Madison
I elect
Cancel
Pick only 5 directors
Incumbent: Secretary 2009-2010
Selecting a new exterior color scheme and getting the paint program on a long term schedule was a major achievement. It is really important to me that all homeowners are treated equally.

Getting our project and financial records online and in the open was and is a big job - but an important one.   ~Brenda Madison
Laurie
Waldrum
I elect
Cancel
Pick only 5 directors
Incumbent: Interim Director
(May - December 2010)
I've only been on the board a short time and I respect the effort put forth to communicate the issues and make voting like this possible. It's hard to please everyone but when we have a fair vote we all can accept the outcome.

I think a strong sense of community is very important. ~ Laurie Waldrum
David
Ocamb
I elect
Cancel
Pick only 5 directors
I like the direction the community is now going in and I want to offer my support to help with the implementation of the C&R amendments and infrastructure maintenance planning.

It's important that the community be operated on a solid financial and legal foundation to avoid the serious problems homeowners associations can get into. ~ David Ocamb
John
Ward
I elect
Cancel
Pick only 5 directors
Past Vice President 2002
I've lived here since 1998 and I was Vice President in 2002. I've seen the community in the best and worst of times. It's had its struggles. I think we have made a lot of progress in the last two years.

As owners it's important that we all take a turn and donate our time to serve our community - not just leave it up to others. ~ John Ward
Steve
Hillier
I elect
Cancel
Pick only 5 directors
Past President 2001, 2003, 2004, 2005, 2006, 2008
I believe the BOHA should abide by the By-Laws as voted on by the Association and not adapted to suit a couple of people. We must have more accountabiltiy for the Budget and Expenses. Please vote for me, if you can figure out how to do so. Thanks ~ Steve Hillier
Tell us your thoughts on the property management company
Property Management Company 2009-2010
I've managed associations for 16 years and I've never seen a community rally around a challenge like Beverly Oaks. You all get things done and quickly!

I'm really looking forward to working with your new online accounting system next year - this is a first for me - you all will be able to access your account information 24/7 as well as monitor association spending real time. I think you will like it. ~Joe Sandifer (Precision Property Management)
How do you rate the performance of our management company? Feedback is an import part of identifying areas in need of improvement. The management company's primary responsibility is to perform the accounting, handle the billing, make bid solicitations, and oversee architectural compliance. Exceptional
Average
Below Average
I have no opinion

If you rated the management company as below average, please tell us why.

2011Budget / Dues Rate and Special Projects
The assessment required to cover basic expenses for management, accounting, landscaping, and painting in 2011 will be $73.00 ($219 per quarter). The following projects, if approved, will be additive to this rate.
What is included in the basic dues of $73.00. This figure covers the basic community services approved by the owners in the 2010 vote.

Routine Landscaping, Fertilization, Tree Trimming and Irrigation Repairs: $23,500 for landscaping services, fertilization, tree trimmimg, and irrigation repair. Landscape bids for 2011 were $22K, $14K, $20K, $13K, $23K. Fertilization bids were $1,300, $1,900. Irrigation expenses were $12,000 in 2009 and $7,500 in 2010. Treetrimming was aproximately $1,000 in 2009 and 2010.

Painting: $21,600 for front and rear repairs and painting of 1900 ,1902, 1904, 1906, 1908, 1910, 1912, 1914, 1916, 1918, 1920, 1922 Wilshire. Note: 2011 is the first year of repairing the rear of the homes. Paint/repair expenses have been $1,100-$1,300 per house in each of the last 3 paint cycles. $500 per house has been added to cover rear repairs in 2011.
.
Capital Reserves: As voted on and approved in 2010, $5,000 will be allocated to the capital reserves to be held for future road construction or other infrastructure repairs.

Emergency Reserves: $2,500 will be paid back to the emergency reserve to repay money spent in 2010 to make emergency repairs to the sewer main near 1612 Brentwood..

As well as insurance, taxes, management fees, utilities, community meetings, planting weekend, and general repairs. The total expense sumary is located here:

Raise the capital reserve rate

The initial reserve study (copy online) indicates that each owner should have been paying $13.00 per month into the reserve since 1983 for the eventual resurfacing of the roadway, repair of the water/sewer system as it ages, reroofing of the garage (overdue) and other infrastructure repairs. As of 2008, the Association had no reserves set aside. In 2009, we set the intial reserve rate to $4.34 per home each month. The board strongly urges that the rate be raised to $7.09 (an additional $2.75 per month).

The community infrastructure includes 2023 Wilshire building lots and fences, Brentwood and Wilshire roadways, water mains and valves under the street and fire hydrants, entry way gates and gardens, treadle and warning lights at the community exit, concrete screening fence separating the subdivision from the multifamily property to the west, storm drains running under the subdivision, concrete screening fences on either side of the exit alley, sewer mains, cul-de-sac gardens, and the community mailboxes collectively known as The Freeman Irving Heights Addition Block A /Lot 23 and Split A ACS 2.0804, as recorded in Volume 83030, Page 2277, Dallas County Records. A copy of the reserve analysis is located here:

$2.75 per month additional expense per household in 2011
 		Yes
No
Replace the traffic spikes in the exit alley

The traffic spikes in the exit alley have been cutting tires since 2007. Many owners have reported damage. Our insurance does not cover damages caused by spikes as they are defective. The Association bought 1 owner a new set of tires in 2007. The Association cannot close the alley as the city requires it is a required emergency exit.
$5.48 per month additional expense per household in 2011
 		Yes
No
Paint the exit alley

In 2009 the Association approved painting one side of the alley in 2010 and one side in 2011. Because of the special equipment needed, the cost is higher and it is not cost effective to paint just one side in 2010. .

$2.74 per month additional expense per household in 2011
 		Yes
No
Light bulb Service

Throughout 2010, 20%-25% of the light bulbs were out on any given night. This referendum is for the Association to replace burned out light bulbs (front lamp post) and repair electric eyes. This is a monthly service that would ensure that the bulbs are consistent color and wattage. .

$1.37 per month additional expense per household in 2011
 		Yes
No
Negotiate a sales tax settlement

Voluntarily contact the state under the State Amnesty Program , Voluntary Disclosure Agreement (VDA)

This would limit the owners liability to three years of unpaid back taxes (without penalties or interest.) A "no" or "abstain" vote means the Association could be liable for as much as 10 years back taxes, including penalties and interest if the State discovers the delinquency - which has not happened and may or may not happen in the future. This referendum was defeated last year.

$3.65 per month additional expense per household in 2011
 Yes
Abstain
No
Capital Repair Engineering Study

In 2010, the Board of Directors prepared an engineering study which forecast the future community infrastructure replacement needs and timing of the construction and the costs.

Independent engineering reserve studies can also be used. The Association has quotations from 3 firms.

CRITERIUM-DOTSON ENGINEERS, 808 South College Street, Suite 225A, McKinney, Texas 75069

FISHER-SMOUCHA CONSULTING, 18208 Preston Road, Suite D-9, #205, Dallas, Texas 75252

LM CONSULTANTS, INC., 2625 North Josey Lane, Suite 305, Carrollton, Texas 75007The Association needs a study but could delay this a year or two if the community can accept the boards study until that time.

This vote is to either accept the current study for 2011-2012 or purchase an independent study. The recommend that the Association purchase an independent study at some point in the next 5 years. The current study is located here:

$2.74 per month additional expense per household in 2011

 Accept the
current study



Commission
new study


Share any additional thoughts or suggestions here.
Your directed proxy will be tendered by Brenda Madison, or failing her Randy Ranew, or failing him, Robert Bauer, exactly as specified above.
 

After you submit your ballot/proxy, a confirmation window should appear.

Updated 01/05/11

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