Text Box: Rainy Lake Property Owners Association, Inc. A Michigan Non-Profit Corporation www.mlswa.org/rainy-lake-1114 Annual General Membership Meeting July 5, 2008 Recorded MEETING: Called to order at 9:12AM and held at the Millersburg elementary school in Millersburg, Michigan. PRESENT: Dave Cook, Debby Siebel, Dennis Farmer, Dave Tesmer, Marge Brown, Jim Rochon and Chuck Lewis. A quorum was present. 38 RLPOA, Inc members were in attendance as evidenced by the sign-in sheet. A minimum 50 lots must be represented at all Annual General Membership meetings. 117 lots plus proxies were represented, therefore a quorum was present. HAND-OUTS: Members were given the following handouts when they signed in: (1) an agenda, (2) Minutes from AGMM of 7/5/07, (3) Budget Report 9/22/07 thru 6/30/08, (4) Treasurer’s Report 9/22/07 thru 5/31/08 with a names of association members that are delinquent paying their assessments, (5) (MOU) Memorandum of Understanding and, (6) Up-to-date Members Directory and (7) Letter from Voluntary Fish Fund Committee w/detailed pictures of the different species of fish that are in Rainy Lake. MINUTES: Of the Annual General Membership Meeting of July 7, 2007 was read by Marge Brown and Dave Cook. Dave Cook asked for corrections/modifications to the Minutes. Jim Hayes informed the members that the County has made it mandatory that all dwellings have a visible address for emergency purposes. Marge Brown pointed out the computer, etc. was purchased for the Treasurer not the Secretary. Dennis Farmer added that “trash” can be taken to Pine Lumber for $2.00/bag. The Village Mini Mart will accept the $2.00 fee/bag on Sunday for Pine Lumber but, the” trash” still has to be taken to Pine Lumber. Jim Hayes motioned to accept the Minutes with the corrections. Second by John Rose – motion carried. TREASURER’S REPORT: of 9/22/07 thru 5/31/08 was read by Debby Siebel. Debby reminded the association members that our fiscal year is July lst thru June 30th of each year. Treasurer’s Report as of May 31, 2008 Checking Account Savings Account Totals General Funds $ 18,053.28 $ 8,600.54 $ 26,653.82 Riparian Rights Fund 17,302.43 6,470.00 23,772.43 Fish Funds 2,973.00 -0- 2,973.00 Totals $ 38,328.71 $ 15,070.54 $ 53,399.25 (1) (2) As of 5/31/08 the number of unpaid assessments (delinquent) is 27 with 3 being excessively high. Number of lots in the association is 447. Total number of liens is 12. Debby asked the attending members to note the names of the delinquent property owners on the back of the Treasurer’s Report and pointed out since the printing of the Report a few lot owners should be stricken from the list because they have paid their assessment. Jim Hayes motioned to accept the Treasurer’s Report as read – Jean Andrews seconded the motion – motion carried. Ron Koller asked –“when lot owners are delinquent paying their assessments for a number of years does the Associaton start foreclosure proceedings”. Dave Cook’s response - “in accordance with the Covenants and Restrictions the Association does not have the authority to issue a foreclosure but, can apply a “mechanics” lien, which means – anytime the property is sold or changes ownership that property liens must be satisfied in order for the new owner(s) to acquire a clear and marketable title. Debby Siebel said that once the State has taken possession of a piece of property because of unpaid taxes, etc. the Association loses all rights to claim any unpaid lien(s) and that has only happened twice. OLD BUSINESS FROM JULY 7, 2007 GENERAL MEMBERSHIP MEETING: Covenants and Restrictions: Changes or “overhaul” of the subject has been tabled for lack of interest by the Association Members. Reminders: NO anchoring/storage of any watercraft at anytime in the beach/park area. Dumpster (see information under Minutes of GMM 7/7/2007) – will NOT be available. Property owners are responsible for their own household refuse, etc. Theft & Vandalism – Call local authorities. Speed Limit – is 20 MPH for safety reasons. Assessment Notices – It is the property owner’s responsibility to call the Treasurer, Debby Siebel (989/734-7575) or a Board Member if they have not received their assessment notice by late January. Deed Restrictions, Entrance Signs, Road Abuse: No further discussion needed. RLPOA, Inc Directory – Property owners attending the Annual General Membership Meeting 2008 received the new directory. All other owners will receive the directory via mail. By Laws, Riparian Rights Committee, Voluntary Fish Fund, Address’s, and Assessed Fish Fund: See New Business. NEW BUSINESS Memorandum of Understanding: Has been designed to be an initial 5 year agreement with regular meetings with RLPOA, Inc & the DNR to allow the Board to work within certain restrictions with the DNR in releasing water as is required between May and September. If the DNR can work within the confines of the Memorandum of Understanding the Board is recommending that the members accept it and see how it will work out. Because we have a “non-profit” status, the Treasurer will research what requirements/qualifications we need making it possible to have $25,000 in a special fund that could be set aside for special projects. (3) As a member of the Riparian Rights Committee John Rose expressed his support of the Memorandum of Understanding (MOU) and encouraged other Association members to agree to give it a chance for the next 5 years. Ron Koller suggested “that we retain a portion of the Riparian Rights Committee funds should we need to deal with the DNR in the future”. The issue facing the Board is concern regarding our Non-Profit status. We can not have more than $25,000 in our savings account at any one time; if we do we could lose our Non-Profit Status. John Rose motioned to give the Board the “go ahead” with the MOU and the DNR. Ron Koller seconded the motion – motioned carried. The Board would like to thank Perry Kryscynski, Chairperson and the entire Riparian Rights Committee for the tremendous amount of time and devotion that was put forth in the orchestrating of the Memorandum of Understanding. “No Wake Lake”: Rainy Lake is a restricted lake and a “No Wake” lake. Our lake is not an” all sports lake”. No Wake is before 10AM and after 7PM so fishermen can enjoy the sport of fishing. Voluntary Fish Committee: Dave Tesmer stated that walleye and minnows will be planted in the fall of this year. Dock owners should see many minnows running around their dock. Simple strategy – feed the fish – the fish get bigger. Budget Report: The report reflects what the Association has spent vs. what monies have been taken in. Also, what the actual dollar amounts are along with an anticipated cost for the same items for 2008/2009. The property owner’s assessments have not increased in 4 years. Options were discussed – cut back on services and not change the budget, change and/or increase the assessments to accommodate the existing services that have been provided in the past. Based on the inflation, the Association has seen over the last 3 years, fuel cost is the biggest factor Debby Siebel and the Board put some figures together to visually assist the membership as to the current assessed income along with the increments of $10 to $30 increase for each lot. A lengthy discussion followed. The Treasurer gave example after example why the assessments need to be increased. The primary expense is the maintenance of the roads. Whether it’s grading, additional gravel or snow plowing the County has always done an exceptional job. Experience with outside contractors proved to be inadequate compared with the County. Many members stepped forward with their opinions on an assessment increase and work on Roads: Ditching needs to be done. Money from Riparian Rights Fund (RRF) could be set aside for possible court costs. Take $10,000 from the Riparian Rights Fund (RRF) for road work and balance placed in reserve. Need engineering drawings (survey) before work can start – our roads have “meandered” over time and the present roads do not follow the plat. Money in Riparian Rights Fund should not be taken for road work. (4) Invest some of the Riparian Rights Fund (RRF) monies to make money – (can’t be done because we are a non-profit organization. Any dollars over $25,000 in the Riparian Rights Fund (RRF) be put into the general fund. Do not use any of the Riparian Rights Fund money until we have a solid agreement with the DNR. Set up a special assessment for all Road maintenance. The general feeling of the membership was to raise the assessments to at least $30/unit and/or what would be required to meet the budget and not cut services. By-Laws as revised March 22, 2008 – Article III Sec. 1 Who is Entitled to Vote Each lot owned shall be equally privileged with all other members in a voice and vote upon any proposition presented for decision or discussion at any regular or special meeting of members. Such vote shall be in person or by proxy, provided however, if by proxy, said proxy shall be delivered to the Secretary not less than five (5) days prior to such meeting. However, the voting rights of any property with any lien or be in the arrears two (2) years or more in the payment of any assessment, shall have his/her/their voting rights suspended and any voice in any RLPOA, Inc public forum, shall not receive the Rainy Laker newsletter or up-dates for the RLPOA, Inc. directory, until such time as all arrearages are brought current, at which time the referenced privileges shall be reinstated. Election of Officers: Jim Rochon has decided not to seek reelection to the Board of Directors for the RLPOA, Inc. The Board and all association members thanked Jim for his devotion and hard work that he has displayed over the past several years. The remaining six (6) Board Members would like to continue in their present positions for 2008/2009. Jim Hayes made the motion to retain the six (6) current Board Members for 2008/2009. Karen Rochon took the floor and questioned the By Laws, specifically the election of officers to the Board of Directors. Mrs. Rochon was asked to review Article IV Sec. 7 of the By Laws. Lori Krawczyk seconded the motion made by Jim Hayes. Two (2) no votes – motion carried. Randy Springs nominated Robert (Bob) Loomer to the Board of Directors. Seconded by Pat Sheets – motion carried. Adjournment: Diane Lewis motioned to adjourn the meeting @ 12:05PM. Seconded by (unclear) – motion carried. Respectfully Submitted By Marge Brown, Secretary

Annual Meeting 2008

Rainy Lake Property Owners Association, Inc.

To contact us:

Phone: 586 465 0065

E-mail: rploa@core.com