Beverly Oaks Homeowners Association
Directed proxy for 2012 annual meeting
to be held on February 18, 2012

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.

Address (Beverly Oaks street number, list one if multiple)
Homes Owned
Re-enter e-mail
Please vote early. Directed proxies must be received by 12:00 Midnight, Friday February 17, 2012. If you change your mind before the deadline you may vote again - your last vote will be the one that is counted.

Section 1: Amendments

Board Recommended: The board of directors has approved the following proposed amendments to the Covenants and Restrictions. If approved by a vote of 67% of owners, the amendments will be effective on January 1, 2013.

Community Consensus: The proposed amendments were first published on July 12, 2010 and have been available for owner review for 18 months. Owners were sent links or provided copies of the proposed changes on 12 occassions. Four public review meetings were held (July 12, 2010, December 6, 2010, August 10, 2011 January 18, 2012). The consensus has been to support these changes. No content objections have been raised to during the 18 month review period. The complete amendment language is located here:

Adding private property maintenance obligations
Private property maintenance includes mowing and trimming, irrigation repair, pruning of trees, painting and trim/siding repair (front and rear). These obligations have developed over time but were never specified for in the Covenants and Restrictions docments. This is to update the document.

I approve the proposed amendment
I do not approve of the proposed amendment.

Adding a schedule for exterior painting
This amendment details the paint schedule from 2009 - 2017 (includes all 95 homes) so that the rotation sequence will be formally set and a matter of public record. This will reduce the likelihood of future scheduling errors.

I approve the proposed amendment
I do not approve of the proposed amendment.

Adding a description of the Association's tax obligations.
This clarifies the existing language about the Associations tax obligations with respect to Federal, Franchise, and Sales tax. This will help insure that future boards do not incure any unintended liabilities or penalties for owners.

I approve the proposed amendment
I do not approve of the proposed amendment.

Clarifying the requirements to carry insurance
This amendment clarifies the existing requirement of the Association to insure the common property and carry a self-insurance reserve for any property that cannot be insured. Insurance protects individual owners from special assessments related to fire, accidents, an other property mishaps.

I approve the proposed amendment
I do not approve of the proposed amendment.

Specifying the powers and duties of the Board of Directors.
This amendment defines the responsibilities and accountability of the Board to the owners. The current document is silent on board accountability. The list includes items such as balanced budgets, open records policy, terms, paying taxes, commissioning state required audits, insurance, capital planning, etc.

I approve the proposed amendment
I do not approve of the proposed amendment.

Adding protection of the capital reserve fund
The amendment limits the expenditure of the reserve funds to only capital repairs to common property and requires an owner approval prior to any funds release.

Common areas includes the 2023 Wilshire building lots and fences, Brentwood and Wilshire roadways, water mains and valves under the street and fire hydrants, entryway 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.

I approve the proposed amendment
I do not approve of the proposed amendment.

Updating the voting protocol
Historically, the community votes once a year, in person, and has to hold 2 meetings to reach a quorum and typically ends up with only 15% - 20% of the owners participating. This amendment requires a 51% minimum participation via mail or electronic voting, and allows for more than one voting period. Electronic voting in the last two years has had 75% - 85% participation rates. This amendment also provides for the submission of owner initiatives on ballots and provides for equal access in all voting communications (owners may submit positions or initiatives and the board must present them).

I approve the proposed amendment
I do not approve of the proposed amendment.

Establishing basic architectural standards
This amendment sets the standards for the roof, door, siding, trim, window, and fence replacements as approved by vote in 2011. These requirements apply only to replacements made after January 1, 2013. The intent is to slowly get the community back to matching doors, roof, etc., without causing any financial hardships.

I approve the proposed amendment
I do not approve of the proposed amendment.

Establishing community rules.
This amendment establishes a short list of rules to include a owners maintaining a working yard light, putting out trash no sooner than the day of collection, and prohibits the parking of boats, trailers, campers, commercial vehicles and inoperable vehicles on visible grounds.

I approve the proposed amendment
I do not approve of the proposed amendment.

Establishing Violation Fines
This amendment provides a limited ability for the board to levy fines for architectural or rule violations after (1) a certified warning letter has been sent and (2) a thirty day period to correct the violation has expired (3) and any extensions have expired, and (4) after any board appeals has been exhausted, and (5) after any third party appeals has been exhausted.

The monthly architectural fine shall not exceed 16.6% of the cost of the repair per month or be levied for more than 24 months. For example, the fine for installing a wrong garage door would be $50 per month until corrected.

A fine for a rules violation shall not exceed 1/24 of the annual dues rate per month, or be levied for more than 24 months. The current rate would be $36.50

I approve the proposed amendment
I do not approve of the proposed amendment.

Section 2: Capital Repair Approval

Board Recommended: This is a vote to spend funds from the capital reserve on capital repairs provided for in the capital reserve study approved in 2011.

These projects are already paid for - this is to approve the spending of funds already set aside for this purpose.

Yes, approve the following release of funds from the capital reserve

Reroof the Community Garage

The 29 year old roof is leaking and hail damaged. The Association filed and received a insurance payment of $2,100. The capital budget will only be charged for the deductible, if any.

No additional assessment per household in 2012

Replace the traffic spikes in the exit alley

The traffic spikes in the exit alley have been cutting tires since 2006. Many owners have reported damage. Our insurance does not cover damages caused by spikes as they are defective. The Association cannot close the alley as the city requires it is an emergency exit. The capital budget will only be charged approximately $6,000.

No additional assessment per household in 2012

Seal / paint the exit alley

The exit alley wall needs to be sealed to prevent deterioration and replacement. Replacement cost is $125,000 and this is an effort to extend the life as long as possible. The capital budget will only be charged approximately $3,000.

No additional assessment per household in 2012

Section 3: 2012 Budget / Dues Rate and Special Projects
The assessment required to cover basic expenses for management, accounting, landscaping, and painting in 2011 will be $73.00 per month ($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 trimming, 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. Tree trimming was approximately $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 summary is located here:

Add an oil sealant to house painting

It was learned this year that the streaking of the new paint and fading of the old paint is being cased by the sun baking the petroleum products out of the siding. In addition to being a cosmetic problem, this is a primary cause of rot - once the petroleum material is reduced the siding absorbs water. The board recommends this addition to the painting program for both cosmetic reasons and to reduce the cost of future siding repairs.

$1.74 per month additional assessment per household in 2012. This will be a reoccurring cost in the annual paint program.


Add Community Block Party

No block parties are scheduled for 2012. One or two can be added. Block parties are are a great way to build community. The cost is $0.65/month per owner per party. Do you want a community block party in 2012?

$0.65 - $1.30 per month additional assessment per household in 2012

2 parties
1 party

Fire lane Striping

This is to redo the fire lane painting which is fading. The fire lane is required by the City of Irving. The new stripe will be placed on the street (not the curb) to reduce the "apartment complex" look.

$1.30 per month additional assessment per household in 2012

Retain Property Management Company in 2012

In 2011, the Association split the Accounting and Property Management contract between two companies - an accounting services contractor (28% of the fees) and a property management company (72% of fees).

This vote will continue the property management contract for 2012.

$4.77 per month additional assessment per household in 2012


Light bulb Service

Throughout 2011-12, 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 posts) and repair electric eyes. This will ensure that the bulbs are consistent color and wattage. .

$1.37 per month
additional expense per household in 2012
Tell us your thoughts about the Association
How do you rate the performance of our volunteers? 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
Below Average
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Share any additional community 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 02/08/12


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