Hardwick Mountain Owners Association

Barboursville, Virginia


Hardwick Mountain Property Owners Association

Minutes of Board Meeting held on 01/16/18 at 5:30 P.M. at the former Montagna residence

Present:  John Barnhill (via telephone), Kai Dozier, Mark Hogan, Steve Hovanic, Susan Jammé, Carl Prober

Business Items:

1.) Winter Road Maintenance / Snow and Ice Removal: There was quite a bit of discussion regarding this situation that has to be dealt with each winter.  All present realized that there is no ideal solution given the steep slope of the entrance hill, the more shaded “back” side, the great variability in frozen winter precipitation from year to year, and the fact that some property owners must travel off the mountain for work in snowy and icy weather (such travel compacts snow and further complicates its removal).

The Board agreed that of primary importance is the use of common sense when driving in hazardous winter weather situations, e.g., refraining from traveling on the roadways (unless absolutely necessary) until they are in better condition, parking vehicles at the bottom of the hill when snow or ice is forecast, not stopping at any point when traveling up the hill, avoiding blocking the road if at all possible, and descending the hill very cautiously.  

Mark Lawson has done an outstanding job since contracting with Hardwick Mountain for snow removal; the Association certainly intends to continue using him in this capacity. Supplemental efforts to be undertaken by Hardwick Mountain residents in addition to Mr. Lawson’s still include spreading sand and ice melt, as necessary. Kai will obtain new tubs with fresh sand and position them on the hill. He will attempt to purchase ones of a higher grade plastic material that are less susceptible to UV damage (existing tubs have cracked, allowing water to seep in, making the sand unusable). Application of ice-melting salt products will be only undertaken as a last resort, and even then very judiciously so as to minimize the potential for contaminating wells. Those who own Gator-style vehicles will investigate the availability of spreaders that can be attached to their vehicles to facilitate the sanding process.

2.) Treasurer’s Report: Treasurer John Barnhill reported that the transition from former treasurer Jeremy Cole has now been completed. He suggested, and it was unanimously agreed upon, to allow property owners until January 31 (instead of December 31) to make their current assessment payments due to the delay in sending out statements during the transition. John reported an Association checking account balance as of 01/16/18 of $33,827.39. If all current assessments are paid on time (by January 31) that figure would rise to $40,073.48 Since there is quite a bit of money in the account earning virtually no interest, John also suggested that it might be wise to put a portion of those funds into some interest-bearing vehicle. All were in agreement with his suggestion; he will investigate options and report back to the group.

3.) Airbnb / Short-Term Rentals: This matter was discussed at great length at a prior Board meeting, as at least one property owner has listed their home on the Airbnb website during the past year (it is to be noted that their guests often posted very favorable reviews of the property). The home is still listed on the website, although reservations are not currently being taken. There may be other Hardwick Mountain property owners who are considering doing the same, as it can be quite financially rewarding.  At the last Board discussion of this matter, all agreed that, at the very least, the Hardwick Mountain Property Owners’ Association should develop and clarify its position; if the matter is ignored, the rapidly-increasing popularity of this type of lodging may make it more difficult in the future to control it. Board members are unanimously in agreement that they are not in favor of allowing Airbnb rentals within the development. In addition, an attorney that Kai spoke with felt that the Association’s Restrictive Covenants as written disallow such use of one’s property.

4.) Restrictive Covenants Update: Even though the attorney noted above felt that the Airbnb issue is, in essence, addressed in the Restrictive Covenants, that may be in question since the document is 46 years old with several known outdated and/or confusing, vague stipulations in it. It is felt that a thorough review would, most likely, result in some revisions being recommended that would clarify the “loopholes” in it and at the same time very clearly establish the Restrictive Covenants’ intent regarding the use of one’s home for short-term rentals (Airbnb being the most widely recognized platform at the present time). Kai will contact the attorney (who specializes in homeowner association matters) for an estimate of the time and cost involved to thoroughly review and recommend updates to the Restrictive Covenants. (Note: any changes would have to be approved by a vote of the Hardwick Mountain Property Owners’ Association membership). Before any work is committed to being done, Kai will arrange a meeting of the attorney with the Board to answer any questions.

There being no further business, the meeting was adjourned.

Respectfully submitted,

Steve Hovanic, Secretary

 

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