05.11.09 – Annual Meeting Minutes

The meeting was called to order on April, 21 2009 at 6:37 p.m. by Homeowners Association president, Matt Hicks.

The Board introduced themselves to the six homeowners who were present at the meeting. Board members in attendance included:
President – Matt Hicks
Treasurer – Daniel Hodge
Co-Secretaries – Mike and Laura Arthur
Kirkpatrick Management Representative – Kevin Drew
Board Member – Beth Hicks

The minutes from the 2008 annual meeting were reviewed and introduced by Laura Arthur. One question was raised by a homeowner in attendance concerning the Avon Town’s promise of adding speed humps to the neighborhood. Matt Hicks addressed this question by telling those in attendance he had contacted the Town of Avon and was told the funds have not yet been released to complete the project. He also stated that at the town meeting regarding the addition of the YMCA east of Austin Lakes, the town council members addressed this question as well, and assured the attendees of that meeting the speed humps would in fact be placed in Austin Lakes.

The 2008 annual meeting minutes were approved by homeowner, Pat Robinson and the motion was seconded by homeowner, Scott Ritchie.

The 2008 financial review was provided by treasurer, Daniel Hodge. He mentioned the legal fees were down $1000.00 due to a rise in court costs and collected delinquency fees during the 2008 year. Critter control costs will continue to change based on the number of muskrats that are trapped annually.

A question about the number of foreclosures was raised by a homeowner. Kevin Drew addressed the question by stating the number of foreclosures remains about the same, but we would know more as the warm weather approaches, as yards lacking in maintenance will be tell-tale signs. At present time, there are about 2-3 homes that are in foreclosure proceedings and 10-11 homes have ongoing legal fees pending. This number is down significantly from the past due to Kirkpatrick Management Company overseeing the payments of association dues, etc. Kevin also encouraged any homeowner who notices lawns in need of maintenance to call the Town of Avon and himself at Kirkpatrick Management to inform of address in question.

A second question was raised concerning the lights in the front of the neighborhood and if the Town of Avon pays for the utility bills regarding the use of the lights. Kevin stated the neighborhood association is responsible for the utility fees associated with the use of the lights as well as the maintenance.  Matt added that the Town of Avon is responsible for the street maintenance and snow removal.

The financial report was approved by Laura Arthur, with Pat Robinson seconding the motion to approve.

Old Business
1.) Speed humps: This issue was address in annual minutes review as stated above.

2.) Traffic Control: Pat Robinson voiced concerns when the 10th Street and Dan Jones Road round about construction begins, the traffic through the neighborhood will surely increase. At present there is no solution for this matter.

3.) YMCA issues: The neighborhood association was assured at the Avon Town meeting, that signage will be placed in the neighborhood (especially on Inland Drive) regarding “No Trucks” to alleviate traffic in Austin Lakes. The Town of Avon also feels the traffic flow through the neighborhood will be lighter due to the addition of a traffic light just east of Austin Lakes when the YMCA is built.

4.) Rentals: Austin Lakes is a neighborhood of single family homes as stated in the covenants. The past Board worked with an attorney to author a new covenant to prevent homes from being used as rental properties. This covenant was approved in writing by over 2/3 of all homeowners in the neighbrohood. However, due to the wording of the original covenants, put in place by the developers, no changes are permitted until the year 2015. The ongoing rental issue will be addressed at that time.

New Business
1.) Board Members: Matt announced that he will have to resign as president of the homeowners association and that we are in need of at least 3 people to fill positions currently available. The positions needing to be filled include president, vice president, and board members. The officer positions will be filled at the next Board meeting.

2.) Garage Sale: The annual Austin Lakes garage sale will be held Saturday, June 6th with a rain date of Saturday, June 13th.

Open Discussion: 
1.) Homeowner Stephanie Stout addressed questions regarding an article she read in the Avon newsletter regarding trees available at special cost to neighborhoods. This promotion was advertised as an extension of National Arbor Day. Matt also received the information as email from the Town of Avon and will forward to Kevin Drew. Through this promotion, it is possible for neighborhoods to receive special pricing on trees to be available for common areas within Avon neighborhoods.

2.) Neighbors addressed several complaints regarding the house at 426 Austin Drive.  They are concerned about people living at this address without utilities, loud noise coming from residence, and vehicles present that are not in running condition. Kevin will look into the matter and contact necessary officials.

The annual meeting was adjourned at 7:13 by Matt Hicks.

04.25.08 – Annual Meeting Minutes

The meeting was called to order on March 31, 2008 at 9:40 by Matt Hicks, president. The following board members were in attendance: Matt and Beth Hicks, Mike and Laura Arthur, Daniel Hodge and Kevin Drew, representative from Kirkpatrick and Associates management.
There were 7 homeowners in attendance.

After calling the meeting to order, Matt introduced the Board members. 

The minutes from last year’s annual meeting were reviewed and Mike Arthur approved the minutes. Carol Robinson seconded the motion to approve the minutes.

Old Business

1) Traffic Study: Ryan Cannon from the Avon Town Department of Public Works was unavailable to attend the meeting, but he was optimistic that the possibility of moving forward installing speed humps on Nicole Boulevard would be approved to assist with the speeding problem through the neighborhood. It was also discussed that the Association may look into hiring an off duty officer to write tickets in the neighborhood if necessary. Kevin Drew and Matt Hicks have both spoken to Ryan concerning the study and its results.

New Business

1) Dues Increase: The association voted and approved a dues increase for this year. The dues will increase to $125 annually. The increase will add a contingency fund for unplanned increases in fees and other maintenance that may arise. The dues will be due May 1 and will be considered late as of May 15, 2008. A statement will be sent to all homeowners notifying of the due dates. Laura Arthur moved to approve the increase and Elizabeth Newman seconded the motion. (One homeowner mentioned that two lots have never had dues collected. Kevin Drew will check the neighborhood map and will report his findings to the Board.)

2) Web site Updates: It has been requested that the Austin Lakes Website be updated to inform homeowners and new members of the neighborhood current information. Some have also asked about adding a secure message board for members to ask questions and/or to voice concerns. [ Webmaster's Note: I would be happy to add meaningful neighborhood information as it is supplied to me by the Association board members or Kirkpatrick Management Company.]

3) Neighborhood Upkeep: The neighbors have expressed concerns about the upkeep of the neighborhood (littering, lawn upkeep etc.), speeding and loud music from cars passing through.  We ask that all residents speak to family members to assist with these problems, as everyone wants a community we can all be proud of and that has a display of respect for all neighbors.

4) Critter Control: Muskrat traps will be set in the following days. We also have a permit to destroy eggs in goose nests.

5) Election of new Board members: Kevin asked for any nominations for the seats on the Board.  There were no requests or nominations, so the Board will remain the same. Kevin also asked for at least two more homeowners to sit on the Board, but not hold an office. Bill and Pauline Wilson have agreed to fill the spots requested.

6) Pond Lots: There were questions as to who owns and is responsible for the land connecting lots to the ponds. Kevin Drew said homeowners should contact the surveyors office in Danville to get a plot plan of his/her lot to show exactly what each homeowner actually owns. It is the homeowner’s responsibility to manage erosion control and safety insurance, if he/she lives on land connecting to a pond. Kevin will have Scott Ritchie post information concerning these matters on the community website.

6) Vacant Homes: Vacant houses and the upkeep of these homes is also a concern. Kevin will take care of any problems as they arise.

7) Noise Ordinance: Avon has a noise ordinance and the information will be posted on the community website after it is gathered and reviewed.

8) Neighborhood Garage Sale: The annual garage sale will be held Saturday, May 31, 2008 with a rain date of Saturday, June 7. A yard card will be ordered to be posted in front of the neighborhood prior to the sale.

The meeting was adjourned by Matt Hicks at 10:42 a.m. Elizabeth Newman seconded the motion to adjourn.

03.25.07 – Spring Meeting Minutes

Board Members in Attendance  
Matt and Beth Hicks, President/Vice President
Mike and Laura Arthur, Co-Secretaries
Daniel Hodge, Treasurer
Kevin Drew, Kirkpatrick Management Company

In addition to the board members, 17 homeowners attended the meeting.

The meeting was called to order at 9:05 a.m. by Matt Hicks. The board members introduced themselves to the homeowners.

Old Business
Laura Arthur, co-secretary, read the meeting minutes from the Spring 2006 meeting. Matt Hicks approved the minutes and Pat Robinson (lot 169) seconded the approval.

Daniel Hodge reviewed the budget. One homeowner questioned finding no expense for snow removal in the budget, and stated she was pleased with the snow removal process during the winter months. Daniel told the homeowners that the streets within Austin Lakes are considered city streets and that the town of Avon provides snow removal at no cost to the association.  Daniel mentioned that the pond maintenance fees have been adjusted to cover higher rates due to the increase in costs of chemicals used to treat the lakes.

Kevin Drew was addressed with the concern that no homeowner association dues information was sent with the annual meeting letter. Kevin will look into the oversight and fee letters will be mailed with the due date adjusted to account for the oversight.

The annual Austin Lake Garage Sale will be held Saturday, June 2 from 8-3 p.m. A rain date of Saturday, June 9 will be advertised as well. Laura Arthur will secure a Yard Card and ad with the Hendricks County Flyer to inform the community of the scheduled garage sale.

New Business
1. Traffic Study by town of Avon: Matt Hicks has discussed the study with Ryan Cannon from Avon Town Hall. The study will be conducted in early April with results available to the association members by the end of April.  The study may include adding speed bumps, stop signs and increased police presence within the neighborhood to counteract the speeding and unsafe driving practices of drivers. The members of the association were again encouraged to call the Avon Police Department with information about unsafe driving practices displayed by drivers to encourage the police to address the concerns. Matt also said the findings of the study will be given to the association before any measures will be taken to alleviate the problems.

2. Noise Ordinance: Several members of the neighborhood have concerns about the constant noise coming from loud stereos in vehicles driving through the neighborhood. All residents were encouraged to continue calling the Avon Police Department in order to report violators.

3. Critter Control: Some homeowners who live on the lakes, have voiced concerns about muskrats and one beaver living in the lakes and causing damage to the banks. Kevin from Kirkpatrick has already had the traps set to catch and relocate muskrats from the lakes. The problem of the banks and erosion will be discussed with the board to determine the action to be taken. In the past, according to the covenants, any erosion problems are the responsibility of the homeowners who live on the lakes. Kevin will secure information for the costs of controlling the erosion issues and will address the board. If the erosion issues are included in the homeowner’s association dues, Kevin did state that homeowner’s dues would dramatically increase.

3. Goose problem: Kevin has permits available to be utilized to decrease the goose population by destroying nests and/or eggs. A homeowner stated that in her past neighborhood, they spread grape kool-aid around the lakes to discouraged geese from the lakes. She stated that it does work, but is costly and that eventually the geese return.

4. Bart’s car lot: Many homeowners have had issues with the car lot’s phone and speaker system being much too loud. Kevin will mail a letter to the car lot to ask them to address this problem.

5. Conrail: Many homeowners in the neighborhood also have expressed problems with the noise coming from the Conrail yards south of Rockville Road. One homeowner stated that Conrail told him that if a letter was sent from the association, the rail yard would construct walls to insulate the noise and alleviate the problem. Kevin Drew stated that he would also address this issue.

6. Website: The board and Kirkpatrick will discuss putting a link from the association website and Kirkpatrick’s website. It was also suggested that the Architectural Committee form needs to be available on the website for homeowner’s to access when updates to their lots are to be addressed. [Webmaster's note: There is already a link to Kirkpatrick on the Officer and Contact Info page. The updated architectural form has been added to the left sidebar on the Covenants and Bylaws page.]

Matt opened the floor for elections for the board. There were no nominations for new board members. Matt encouraged homeowners to come to board meetings if they would like to be part of the association’s decisions in the future. No elections were necessary since no one expressed interest in being part of the board and no nominations were mailed prior to the meeting.

The meeting was adjourned at 9:57 a.m.

06.22.06 – Spring Meeting Minutes

Board Members in attendance
Matt and Beth Hicks, President/Vice President
Dan Hodge, Treasurer
Mike and Laura Arthur, Secretary
Jack Julbert, Board Member
Lee Geupel, Kirkpatrick Management Company

In addition, to the board members, 8 homeowners attended the meeting, one of whom was late.

Old Items of Business
Matt Hicks called the meeting to order at 9:05 a.m. He had the board introduce themselves and tell their position on the board and length of time each has lived in Austin Lakes.

Matt discussed the decision process and reasons for hiring Kirkpatrick Management Company. He introduced Lee Geupel and gave him the opportunity to tell a little about what Kirkpatrick will do/has done for our neighborhood since the hiring of the company.

Lee stated that they would oversee the management and financial maintenance.
Kirkpatrick will be responsible for collecting homeowner associationdues and pursuing any legal recourse for homeowners who refuse to pay. Kirkpatrick will also be responsible for enforcing covenant issues. All covenant violations should be referred to Kirkpatrick or
to a member of the board and they will be taken care of in a timely fashion. Lee had already taken care of issues where cars were being parked in yards. All neighbors complied with his request to have the automobiles moved.

Lee also provided the phone number 570-4538 ext. 39, for filing complaints or concerns.

Laura Arthur, Secretary, then read the meeting minutes from the October 25 association meeting. The minutes were approved by homeowner Jean Good and seconded by Scott Ritchie.

Daniel Hodge, Treasurer, discussed the annual budget including $26,668 proposed for neighborhood budget/maintenance for 2006-2007. It was also discussed that the contingency fund would provide funds to install photocell fixtures on the front entrance lights and to update electrical issues on the front wall.

The annual garage sale was planned for June 3 (rain date of June 10). Ads will be placed in the Hendricks County Flyer and a yard card will be rented to announce the event to people who pass by on Rockville Road.

New Items of Business
The floor was opened to discuss any new business/concerns.

1. Rental Properties: Lee said some homes are ‘grandfathered’ in to the situation by past covenants. For current violators, letters were sent to inform them of the covenant violations and that they must list the homes for sale. Lee said this issue will take time to
improve, but he is working on the problem. IF ANY HOMEOWNER SEES RENTAL SIGNS, HE IS TO CALL AND REPORT THE VIOLATION TO LEE OR MATT.

2. Homeowners Association Dues: As of today’s meeting, $13,000 will incur late fees. After the due date, notices will be sent out informing homeowners of late fees incurred and to encourage them to pay dues. Ten homes have continually been a problem. Any dues not
paid by homeowners in bankruptcy or foreclosure will be written off the books. Currently there are liens on twelve properties.

3. Next Semi-Annual Meeting: Will probably be held at the Avon Town Hall. A yard card and/or postcards will be mailed to inform all homeowners of the meeting date and time. Open elections for all positions will be held at the fall meeting. The meeting was adjourned at 9:26 a.m. Julie Moore made the motion to close the meeting. Scott Ritchie seconded the motion.

10.29.05 – Fall Meeting Minutes
Washington Township Public Library

Austin Lakes South Management
• Kirkpatrick Management Company, LLC – It was determined by a majority vote that Kirkpatrick Management Company, LLC will assume the duties of managing the neighborhood. Their web site can be accessed at www.ekirkpatrick.com.

• Communication to Homeowners – Kirkpatrick Management will send a letter to all homeowners the contract with Austin Lakes South, the services they will provide and the procedures to follow.

• Neighborhood Dues – Dues will increase as a result of the management company contract. The expected increase will be approximately $36.00 per year. Dues for 2005 were $77.00. It is estimated the 2006 will be approximately $113.00.

Kirkpatrick Management Responsibilities Include:
• Financial Duties – Kirkpatrick will handle all of the financial duties (under the supervision of the neighborhood treasurer) such as collecting the dues, paying the bills, etc.

• Covenant Enforcement – They will enforce covenant violations and answer day to day questions in regard to covenant issues. Contact information for Kirkpatrick is posted on the Officer & Contact Info page.

• Dues/Lien Status and Infomation – Kirkpatrick will handle title agencies and realtors who request information in regard to liens, and dues status.

Officers and Board Members
Most of the Austin Lakes South officer positions have been filled, and some residents volunteered to serve on committees. The former will be working closely with Kirkpatrick Management Company to serve the needs of the neighborhood.

The following list represents the new officers:
• President: Matthew Hicks
• Treasurer: David Hodge
• Secretary: Laurie Maudian and Laura and Micheal Arthur

Important Date for 2006
• The tentative date for the Spring 2006 meeting is Tuesday, April 11th. The time and place are to be announced.

02.26.05 – Spring Meeting Minutes
Washington Township Public Library

Budget and Expenses
There are a total of 234 homes in the Austin Lakes South Association, approximately 15 of which have active liens on them.

Approximately $4000-$5000 is now owed to the association in back dues, liens and legal fees. We have had our attorney send letters to an additional 15 homeowners to advise them to pay their back dues and these letters may result in additional liens.

In order to meet our expenses and maintain reserve funds in our accounts, it is important that all home owners keep their dues current.

Neighborhood Association Officer Vacancies
The Vice President or President slot is currently open. When Jeff Hyde moved from the neighborhood in 2004, Hal Stewart was the Vice President. He is now serving as both the Vice president and the President.

In addition Phil Osenni may not be able continue in the Treasurer position due to a pending relocation.

If all positions are not filled we will have to use a property management organization to administer neighborhood association functions. This option will result in a large increase in dues. If anyone is interested in these positions please e-mail the Association.

The Association will obtain quotes for this service in the event that all neighborhood officer positions are not filled soon.

Operating Budget for 2005
• General Maintenance – It appears no tree trimming or replacement. In addition, no playground repairs will be needed this Spring, and it was decided to wait until Fall to remulch the playground and front all area.

• Pond Treatments – We will continue to use ASAP aquatics this year. However, the cost of the pond treatments has increased by $790 to a total of $3180 for 2005. After obtaining several other estimates, we have determined that ASAP's price is very good for the pond treatment services. Across the industry, there has been a sharp rise in the cost of pond treatment chemicals. In addition fuel costs have increased. Together, these increased costs are being passed on to customers, with another increase likely for 2006.

Important dates for 2005
• Neighborhood Garage Sale – June 10th and 11th are the scheduled dates, with rain dates of June 17th and 18th. An ad will be placed in the Hendricks County Flyer Thursday the 16th as well as the Friday and Saturday of the sale. The ad will list the sale times as 8a.m. - 3p.m.

• Neighborhood Clean Up Day – Saturday, April 30 is the scheduled date with a rain date of Saturday, May, 7. Meet at the Rockville Road entrance at 9a.m. Please bring trash bags. If it is raining or less than 40 degrees outside we will move the date to May, 7.

10.09.04 – Fall Meeting Minutes
Washington Township Public Library

Update on Association Matters:
• Vice President Vacancy – The office of president has been vacated by Jeff Hyde. He has moved from the neighborhood. Hal Stewart has stepped in to take over the position.
However that leaves the vice president slot open. If you are interested in this vacancy please send an e-mail via the web page.

• On-Street Parking – Neighbors are concerned with on-street parking. The streets in Austin Lakes were not designed to accommodate on-street parking. According to our covenants, parking on the street is not to exceed a 24-hour period. This regulation does not prohibit occasional overflow parking and it was instituted to prohibit long-term street parking. On street parking is not only an aesthetic issue but it is a safety issue. It is hard to navigate the streets when multiple vehicles are parked along the street. After a 24 hour period a vehicle parked on the street is subject to being towed.

• Trash Cans – The neighborhood covenants state that an owner should place and remove trashcans within a 24 hour period of their trash pick up date. The association has received complaints in regard to trash cans that are left on the street several days before and after trash pick up. In addition complaints have been received that some residents leave the garbage cans in front of their garages throughout the week. The covenant states that garbage cans must be stored out of view except within the 24 hour time frame.

• Muskrat Issue – ATT wildlife will be contacted to discuss resolution of the muskrat issue in the ponds. Many residents especially those who have homes bordering on the pond have concerns with the muskrat issues.

• Spring 2005 Dues – The original covenant stated homeowners association dues would be due on April 1st. The dues were to cover the homeowner from April 1st until March 31st of the following year. We have been collecting these dues later in the spring. This past year the dues were not due until 06/01/2004. Beginning with the 2005 dues the association has assigned a due date of 04/01/2005.

In addition many residents are behind with their dues and many have had liens placed on their property. To check the status of your dues please e-mail the web site and a response will be provide in regard to your status.

• Distribution of Minutes and Neighborhood Updates – This is the last paper copy of correspondence that will be issued by the Association. All minutes, meeting dates and important news will be posted via the web site. It is an expense to copy and mail the minutes. In addition your neighborhood officers are non paid volunteers who choose to accept a neighborhood officer position to benefit the good of the neighborhood. It takes many hours to coordinate a newsletter and distribute paper copies. Please see the web site: www.austinlakes.net for neighborhood information. If you wish to have a paper copy of any future minutes you can e-mail a request to austinlakes@hotmail.com

Or you may send a request via regular mail to:
Austin Lakes Homeowners Association
PMB 218 • 8103 East U.S. 36 • Avon, Indiana 46123-7964

Next Meeting
Saturday, February 26, 2005; Washington Township Public Library; 9:00-11:00 a.m. Please check the web site the week before to confirm the date and time and to view the agenda. If you have a topic you wish to discuss at the meeting, please e-mail it to the officers by February 12, 2005.

3.13.04 – Spring Meeting Minutes
Washington Township Public Library – 10:00-11:30 a.m.

Officers in Attendance:
Jeff Hyde, President; Scott Ritchie, Vice-President; Rhonda Ritchie, Secretary

2003 Consolidated Financial Statement:

*This amount does not include interest, which is charged at a rate of 18% per year until the total amount is repaid, including any and all attorney fees.

2004 Budget:
Since homeowner dues are our only source of income, a couple of steps were taken in the fall of 2003 to help relieve the budget deficit shown above.

• Dues for 2004 will be $72, with an additional increase to $77 in 2005 if required to meet growing expenses.

• Also, due to the high number of households for which we did not receive 2003 dues, and the frequency that homeowners move in and out of Austin Lakes, liens have been, and will continue to be placed on any home for which dues are not received by the end of the calendar year in which they are due.

Officer Selection:

• Phil Osenni has agreed to take over the role of Treasurer

• Dina Adkins-Finnerty will assume the role of Secretary

• Hal Stewart will be the new Vice-President

• Ruth Forrester will continue to administer the Austin Lakes e-mail account at austinlakes@hotmail.com

Scott Ritchie will continue as webmaster at www.austinlakes.net

Upcoming Dates of Interest:

• Neighborhood Clean Up Day – Saturday, April 17; rain date – Saturday, April 24. Anyone who can help clean up the front wall and park area, including spreading new mulch is asked to meet at the front wall at 9:00. Also, all residents are encouraged to do their part to keep the neighborhood clean year round by helping to pick up trash, etc.

• Neighborhood Yard Sale – Friday, April, 30 and Saturday, May 1 – An ad will be placed in the Hendricks County Flyer for both issues the week before, and the week of the sale.

• 2004 Dues Must be Paid – Tuesday, June 1, 2004

• Fall Association Meeting – Saturday, September 25, 10:00 a.m. at the Washington Township Library, 498 North S.R. 267, Avon.

10.11.03 Summer Meeting Minutes
Washington Township Public Library – 10:00-11:30 a.m.

Officers In Attendance:
Randy Hawley, President; Scott Ritchie, Vice-President; Janet Falkenberg, Treasurer;
Rhonda Ritchie, Secretary

Update on Association Matters:
• Muskrat Trapping – A&T Wildlife has placed traps on all of our ponds this summer in an effort to trap the muskrats that are damaging the banks. They have not caught all of them, but will be called to inquire about trapping the remaining ones before winter. The muskrats are a recurring nuisance that will need to be dealt with on a yearly basis.

• Pond Treatments – ASAP Aquatics have been regularly treating our ponds for about a year now, with much better results than our previous vendor, at a significantly cheaper cost. They have been diligent with their treatments and billing summaries.

• Tree Trimming – Menchhoeffer Tree Care trimmed all of the Bradford Pear trees in the median of the main entrance off of Rockville Road. On average, this has been done every three years to help extend the life of the trees. It is estimated that within the next five years, the trees will need to be replaced.

• Front Wall Maintenance – With the help of a few residents, the officers dug out the dead bushes, planted four new ones, and trimmed the remaining foliage. New mulch was put in place and the bushes were sprayed for bagworms. Dan Anosky was able to find a source for replacement letters, and replaced the "A" on the front wall.

• Park Equipment & Maintenance – The damaged basketball goal was replaced, a new, permanent park bench was installed, and a few residents helped spread new mulch over the entire playground. We are still contemplating trying to plant grass between the sidewalk and street in the Spring. This should help control some of the mulch erosion that happens during periods of heavy rain.

Overdue Dues/Liens:
Unfortunately, the problem of some residents not paying their dues is a growing one. This year, there are twenty-five residents who have not paid their 2003 dues. This exceeds ten percent of the lots in Austin Lakes South. Original dues notices were mailed out in May, and final overdue notices were sent in August. This non-payment is causing the Association to operate at a deficit this year, which is something we cannot allow to continue. The addresses of the delinquent residents have been forwarded to our attorney, who is in the process of placing liens on those properties. In addition to the actual dues owed, the attorney fees and interest will be added to the liens. None of these properties can be sold until their respective liens are cleared.

Officer Elections:
The current President (Randy Hawley), the Vice-President (Scott Ritchie), and the Secretary (Rhonda Ritchie) have all been officers, or extensively involved in the Association for the past few years and would like to step down. Since no one volunteered to officially assume any of the positions, the existing officers agreed to stay on until the Spring meeting on March 6. Mr. Jeff Hyde agreed to help the existing officers over the next few months in an effort to transition into the presidency by the date of the next meeting. While a few other residents offered to help in the interim, if a few individuals are not willing to take over the remaining offices at the next meeting, it will be necessary to retain the services of a management service. This would necessitate a significant increase in dues to in excess of $200 per year per household.

Open Floor Issues:
• Chain Link Fences – In response to a complaint lodged against a resident, it has come to the attention of the Association that the Town of Avon recently passed a new ordinance prohibiting the installation of chain link fences within town limits. Our covenants do not prohibit such a fence, but do require that a resident interested in installing any type of fence submit a plan to the Association officers for review and approval, prior to beginning construction. The Association will be in contact with the Town to find out more about this and other ordinances that could possibly affect Austin Lakes.

• Bike/Skateboard Ramps – There have been a number of complaints about skateboard ramps and other such equipment being used and left in the street. According to the Manager of Avon Public Works, these and other items such as basketball goals are not permitted in the street as are in the town’s Right-of-Way. In addition, allowing children to use this type of equipment in the street is extremely dangerous. Obviously, not all residents observe the 25 mph speed limit or the stop signs, thereby posing a threat to children playing in the street. If any resident observes a vehicle breaking any traffic law, please contact the Avon Police Department via the Hendricks County Sheriff’s office non-emergency number.

• Pond Safety – With winter quickly approaching, residents are reminded that no one is allowed on the ponds when they are frozen. This is extremely dangerous. Parents, please make sure that all children know to stay off of the ice.

• Web Site – It was requested that the address of the Austin Lakes web site be prominently published in the minutes to make sure that all residents know that it exists.

Additional Items:
• Street Paving – Over the next few weeks, the Town of Avon will be paving portions of Austin Lakes. In order to facilitate this process, the police have been notified and will have any vehicles in the street towed at the owner’s expense.

• Street Parking – In light of the aforementioned repaving project, it should be noted that according to our covenants, the streets of Austin Lakes are not to be utilized as the primary parking area for any type of vehicle. In addition, according to Avon Town Code (6-8-75), "It is unlawful for any person to park, store or permit to be parked or stored, any automobile trailer, boat trailer, house trailer, or semi-tractor trailer on any street or alley."

Next Meeting:
When: Saturday, March 13, 2004 – 10:00-11:00 AM
Where: Washington Township Public Library – Community Room – 498 North S.R. 267, Avon

07.19.03 Summer Meeting Minutes
Washington Township Public Library – 10:00-11:30 a.m.

Officers In Attendance:
Randy Hawley, President; Scott Ritchie, Vice-President; Janet Falkenberg, Treasurer; Rhonda Ritchie, Secretary

2003 Consolidated Financial Statement:
Savings Acct Balance (7/11/03) $13,133.70*
Checking Acct Balance (7/11/03) $5,939.78*
Unpaid 2003 Dues – Approx. 30 homes @ $77/ea $2,310.00

*Current balances are at their maximum levels for the fiscal year since dues were just collected and are not indicative of average balances.

In 2003, the Association has approved the following expenditures beyond the normal yearly operating expenses.
• Replacement of basketball goal at the park
• Trimming and thinning of trees along U.S. 36 entrance. It has been brought to our attention that the trees are nearing the end of their natural lifespan and may need to be replaced in the next few years. This will be a large expense that the Association would like to put off as long as possible.

Proposed Dues Increase
There was much productive discussion surrounding a proposed increase in dues from $67 per year to $77 per year. Much of it revolved around how much of a financial reserve the Association must maintain in the event of unexpected expenses or emergencies. A vote was taken of those in attendance in favor of a two-year plan to raise dues $5 each year. The dues for 2004 will be $72.00 and those for 2005 will be $77.00. At the Fall meeting in 2005, the Association expenses will be evaluated and a decision will be made regarding any future increases.

Rental Covenant/Amendment:
The new rental covenant that was proposed in April was passed by more than 2/3 of Austin Lakes South residents via a proxy vote. We would like to personally thank the people who went door to door to obtain the necessary votes. This new covenant is an important measure for the future of Austin Lakes. It is being filed with the County Recorder and is effective as of 7/19/03. The official verbiage is as follows:

"All homes shall be occupied by the owner as their primary residence. A land contract purchaser is an owner, but a renter or lessee is not. No home shall be used primarily as a rental property. Property may only be rented if it is also listed for sale. All homes listed for sale must have a "For Sale" sign prominently posted in the front yard. Homes listed for sale may only be rented for a period of one (1) year. An owner must obtain written approval from the Association for any additional rental time. An owner must demonstrate that he is actively marketing the home and that all dues and assessments are current. The Association shall not withhold approval for an extension except for good cause. This amendment is effective upon passage. It shall not apply to any home that is under a rental agreement or lease prior to passage, unless said home is sold to a new owner after passage."

Open Floor/Other Issues
• Concern was again expressed regarding the muskrat problem in the ponds and the resulting erosion of ground surrounding the ponds. While the Association is taking steps to have the muskrats trapped, with the exception of the common areas the land surrounding the ponds belongs to individual homeowners and as such, is their responsibility to maintain.

• Residents whose back yards are adjacent to the swales to the south of Inland Drive and to the north of Portside Drive discussed drainage problems related to lack of maintenance. The Association is going to contact the Health Department to request an on-site inspection of the areas to determine what needs to be done. It is the responsibility of the homeowners in whose yards these swales are located to regularly mow and trim them.

• The lights along the front wall and in the median are controlled by a timer which has fallen behind due to temporary power outages. The timer will be reset so that the lights will be on from dusk to dawn.

• The small shrubs at the south end of the median at the Rockville Road entrance will be removed to aid visibility for residents exiting Austin Lakes.

Next Meeting
When: Saturday, October 11, 2003 – 10:00-11:00 AM
Where: Washington Township Public Library – Community Room – 498 North S.R. 267, Avon

04.19.03 Spring Meeting Minutes
Washington Township Public Library – 10:00-11:30 a.m.

Officers In Attendance:
Randy Hawley, President; Scott Ritchie, Vice-President; Rhonda Ritchie, Secretary

2002 Consolidated Financial Statement:
Total Income $14,977.05
Total Expenses $15,576.85
($599.80)

Unpaid Dues (14 @ $77/ea) $1078.00

Savings Account Balance (3/11/03) $5792.58

Checking Account Balance (3/11/03) $5398.04

2003 Budget:
As illustrated by the financial statement above, Nearly all dues paid by residents are used to meet the Association expenses. Those expenses are almost entirely comprised of payments for the following:
• Insurance for common areas
• Lighting for the front wall, median, and park
• Lawn care of common areas
• Treatment of the retention ponds

Additional Expenses for 2003:
• Replacement of Austin Lakes signs on front wall (facing U.S. 36). The letter "A" in "Lakes" has been lost, and is likely irreplaceable. Dan Anosky volunteered to investigate some new sign options and obtain cost estimates.

• Web site hosting for new Austin Lakes web site. Scott Ritchie has volunteered to design and produce and maintain an Austin Lakes web site at www.austinlakes.net. The idea is to facilitate better communication between the Association, residents, realtors and the community.

• Pruning of trees in the entry median on Nicole Boulevard to prolong their lifespan. Rhonda Ritchie will contact Mitchoffer, the company that has handled these duties for the Association in the past to have this done sometime this summer.

Proposed Rental Covenant/Amendment:
While most residents in attendance were in agreement that a new covenant placing restrictions on the rental of homes in Austin Lakes is needed, a couple of residents did express concern that the wording of the proposed amendment could be too restrictive. After much discussion, it was concluded that the covenant should be split into the following sections. We will work with our attorney to draft the appropriate legal language for the next association meeting.

• Prohibit new homeowners, realtors and other companies from purchasing homes in Austin Lakes as rental properties.

• Prohibit any existing home (that is not already being used as such) from being used primarily as a rental property.

• Develop a "good neighbor" policy that is binding on the homeowner relative to the number of complaints lodged against their tenants.

Upcoming Dates of Interest:
• Saturday, June 7 – Neighborhood Yard Sale – Dan Anosky will place a sign in the median at U.S. 36 entrance 2 weeks prior to sale advertising date. Rhonda Ritchie to place ad in Hendricks County Flyer to run the week before and the week of the sale.

• Saturday, May 31 – Neighborhood Clean Up Day – Rainout day will be Sunday, June 1 Please meet at the park at 9:00 a.m. Saturday (or 12:00 p.m. if on Sunday). Bring rakes, garden gloves, hand trowels, and trash bags to rake and clean up the park, front wall, median and retention pond areas. In the past, cleanup has only taken a couple of hours.
• Saturday, July 19 –Homeowners Association Meeting – 10:00 a.m. at the Washington Township Library, Community Room – 498 North S.R. 267, Avon.

Other Issues:
• In response to concern over some recent occurrences of vandalism in the neighborhood, Tim Smaldone and Bob Haggard volunteered to work with the Avon Police Department and residents to organize a Neighborhood Watch program. The Avon Police and the Hendricks County Sherrif’s Department have stepped up patrols in the past week.

• Muskrats have returned to some of the areas surrounding the retention ponds. The company who trapped them for the Association last year will be called back to do the same this year.

• Some residents expressed concern regarding the number of cars driving at excessive speeds and running stop signs in the neighborhood. These are police matters and as such, the Association cannot do anything to curb them. As residents, you are encouraged to address the issue directly with the offending party (if known) or contact the Avon Police Department with the make, model and license number of the vehicle, as well as the time of day.

2003 Dues Payment:
Please note that, although the dues ($67.00) for 2003 are not due until June 1, the notification has been included in this mailing to save postage costs. If you have any questions or concerns, feel free to contact the Homeowners Association at austinlakes@hotmail.com.