|Posted on July 30, 2020 at 1:05 PM||comments (0)|
This info was provided by Foothills Property Management regarding their general business philosophy and profile for review prior to the meeting on Aug 12. Anyone unable to attend who has questions may email them to the CWV Board prior to the meeting.
We believe we are hired by the Board of Directors to serve all homeowners within the association. It is our responsibility to monitor and maintain the property and to handle the day-to-day operations of the Association, collect the revenues, and apply them per the budget that the Board has approved. We expect to work with all owners to handle their concerns, monitor accounts receivable to insure all are kept current, provide a monthly financial report, conduct the Annual Meeting of the owners, and work with the accountant for the Association tax return. We believe in strong financial management and work to prepare proposed annual budgets as well as long range Capital Improvement Schedules for the Board’s review and approval. We take a personal interest in the Association and attempt to manage it as if we are owners of the property.
Foothills Property Management was established as a full time property management firm in 1984. Currently we manage nearly 600 properties, fifteen property owner associations, and two mini-storage facilities. We collect and process all rents/regime fees, pay applicable invoices, prepare monthly owner reports/ financial statements, work with owners/board of directors in managing their property. We prepare year end reports including 1099’s and work with accountants for HOA tax returns.
Founded in 1972 as The Foothills Co., Inc., specializing in custom construction, we have grown into one of the areas most successful construction, real estate, and property management firms. We are licensed as a General Contractor in South Carolina, License # G11436 and with the South Carolina Real Estate Commission with Paige G. Lee, Broker-in-Charge.
Foothills Property Management has a full time staff of dedicated professionals to handle the management of our client’s properties. Their only function and responsibility is property management.
In addition to providing quality property management service, our clients often benefit from our construction background and affiliation. We work with most of the construction trades, many of which we employ in our contracting business. We have a thorough knowledge of costs and we have the ability to get things done in an economical, professional manner for our clients.
Foothills Property Management has a full time service and maintenance department that can deliver significantly cheaper rates than most independent service contractors. We save our clients money as a result of our knowledge, affiliations, and personnel.
Foothills Property Management Staff:
Paige G. Lee - Broker in Charge
Rebekah Brackett - Property Manager
Robin Smith - Property Manager/Broker
Paige G. Lee III - Property Manager/Broker
- Maintenance/Service Manager
- HOA Manager
Diane Lee - Office Manager
Deborah Money - Rental Accounting
Lisa Bisuel - Rental Associate/HOA Specialist
- Administrative Associate
Debra Boggs - Property Manager/Rental Associate
Diana McClellan - Receptionist
Sue H. Gibson - Independent Sales Associate
Affiliated Service Employees:
Bill White - Service Technician
Tommy Pilgrim - Service Technician
Andrzej Szczerbowicz - Facilities Maintenance
Dallas Pilgrim - Facilities Maintenance
CJ Dodgens - Facilities Maintenance
Sam Boggs - Weekend Maintenance
- Master Carpenter
Charles Mumaw - Master Carpenter
Wayne Grant - Paint Foreman
|Posted on July 27, 2020 at 3:00 PM||comments (0)|
Captains Walk Owners:
In order to provide all owners an opportunity to ask questions directly of Foothills Property Management prior to voting on this issue, we have arranged to have an in-person open meeting with them.
This meeting is scheduled for Wednesday, August 12 from 10am-noon at the Northside Pavilion (adjacent to the beach on the Leisure Trail). Being outdoors will allow us to spread out and social distance. There are limited chairs & tables at this site, so please bring your own chairs if possible and please wear a mask. We will have hand sanitizer available.
For those who cannot attend in person, we will provide a follow up email and/or audio recording that outlines the Q&A. YOU MAY EMAIL QUESTIONS IN ADVANCE if you cannot attend in person.
A vote package will be sent out after the meeting.
We hope to see you there!
The CWV Board
(Please see copy of Foothills Proposal also posted on this site).
|Posted on July 25, 2020 at 5:25 PM||comments (0)|
SAMPLE AGREEMENT from THE FOOTHILLS COMPANY, INC., DBA. FOOTHILLS PROPERTY MANAGEMENT
STATE OF SOUTH CAROLINA} MANAGEMENT AGREEMENT CONTRACT
COUNTY OF PICKENS }
THIS MANAGEMENT AGREEMENT CONTRACT, MADE AND ENTERED INTO THIS _______ day of ________________, ________ by and between:
A non-profit, non-stock membership corporation organized under the laws of the State of South Carolina, with its principal place of business located in Clemson, South Carolina, hereinafter referred to as “the Association”, party of the first part; and
THE FOOTHILLS COMPANY, INC.
DBA. FOOTHILLS PROPERTY MANAGEMENT
Hereinafter referred to as “Agent”, party of the second part.
WHEREAS, by the terms of the “Master Deed”, under the “Horizontal Property Act” of the Code of Laws of South Carolina for
The Association shall be responsible for all those certain properties within its jurisdiction pursuant to that Declaration and to the By-Laws of the association and the maintenance, repair, and the life of same;
NOW THEREFORE, in consideration of one ($1.00) dollar and other valuable consideration each to the other paid and the mutual covenants herein contained, the parties hereto to enter into this Management Agreement Contract and do mutually agree as follows:
The Association hereby employs and appoints Agent, and Agent hereby accepts employment and appointment, on the terms and conditions hereinafter provided, an exclusive managing agent for the Association of all property under the jurisdiction of the Association in connection with the property known as
located in Clemson, South Carolina, and referred to herein as “the Property”.
The terms of employment and appointment of agent by Association shall be subject to the provisions of Article II hereinbelow:
The term of Agent’s initial employment shall be for a period of one year, beginning on and ending on and continuing thereafter for successive thirty (30) day periods, subject to the privilege on the part of either party to terminate this agreement at any time by giving the other party thirty (30) day prior written notice of intention to terminate. Said privilege or termination shall exist whether with or without cause. The above notwithstanding, it expressly agreed and understood that this agreement may be cancelled by either party, with or without cause, at any time, upon giving thirty (30) days notice.
As compensation for Agent’s services as hereinafter set out, compensation to be paid is ________ per unit per month, said commission being paid only on such units that have been dedicated. The amount of commission set out above shall be reviewed by the parties at the end of the first year of this agreement and thereafter annually, and the same shall be adjusted as of such dates, as agreed between the parties.
IV. ADMINISTRATIVE DUTIES
Agent shall perform for Association certain services in connection with the Association’s duties regarding the assessment of individual unit owners in the condominium property and the maintenance of said property, it being understood that in all such matters and the Association has the full and final authority and that Agent will not become involved in any matters of administration except on an advisory basis. The services which Agent agrees to perform in this connection and at the expense of the Owner or Association, as allocated herein below, are to;
Be responsible for the monthly receipt of assessments from the unit
owners, and in that regard:
1. Agent shall send late notices to individual owners whose assessment payments are not received by the agent by the tenth
day of each month.
2. Agent shall file the necessary court action involved in the collection of delinquent assessments.
Keep accurate records of the payment of assessments.
Receive all receipts and make all disbursements, including capital fund deposits and including Agent’s fee, and to render monthly statements of receipts and disbursement to the Owner or the Board of Directors of the Association. Said monthly reports are to be provided to the President of the Association so long as it owns any units in the Property. In the event the disbursements shall be in excess of the receipts collected by Agent, the Owner or Association hereby agrees to pay such excess promptly upon demand by Agent.
Deposit all receipts collected from unit owners in an insured Trust Account in a national or state banking institution, separate from Agent’s personal or other accounts. However, agent will not be held liable in the event of bankruptcy or failure of such depository. Agent’s employees who handle or are responsible for Association’s monies shall be bonded by a fidelity bond in an amount not less than six month gross potential receipts at the end of the previous calendar year, but not less than $100,000.00.
Maintain financial records for the Association and cooperate with the auditor of the records.
Advise and consult with the Board of Directors of the Association by phone, letter, or e-mail and meet with the Board of Directors of the Association at one annual meeting of the entire membership of the Association and one special meeting of the entire membership of the Association per year. In the event Agent is required to attend additional meetings, he shall be compensated at the rate of One Hundred Dollars per meeting.
Make such rules and regulations, subject to the consent and approval of the Board of Directors of the Association, as Agent deems necessary, and through the Board of Directors of the Association ensure that such rules and regulations are adhered to, as well as requirements and rules set out in the aforementioned Declaration and By-Laws.
Assist the Board of Directors of the Association in architectural control matters as questions arise.
Generally perform for the Association, subject to its consent and approvaL and subject to its direction, the administrative duties required of the Association pursuant to the aforementioned Declaration and By-Laws, and any amendments thereto.
Submit an annual budget proposal to the Board of Directors of the Association by the First of December of each year for the following year.
Notify members of the Association in writing of a telephone number whereby members of the Association may contact the Agent.
V. MAINTENANCE DUTIES
The Agent shall use diligence in the management of the Property and shall perform the following services to promote the recreation, health, safety and welfare of the residents of the condominium property and particularly in connection with the acquisition, improvement and maintenance of properties, services and facilities devoted to this purpose and related to the exterior maintenance of the units situated in the Property for the use and enjoyment of the common area, and the Association hereby gives to the Agent the following authority and powers and agrees to assume the expenses and responsibility in connection therewith to wit:
a. To make or cause to be made, after securing competitive bids, through independent contractors, or otherwise, in Agent’s discretion, the necessary maintenance upon the common area and exterior of all structures as follows: paint, repair, replacement and care of roofs, gutters, downspouts, exterior building services, and grounds including replacement of trees, shrubs, and walks, and other exterior improvements. In order to accomplish the foregoing, Agent will have the right to use the easements of the Association for unobstructed access over and upon each unit at all reasonable times.
b. To make contracts in the name of the Association as they become necessary, for such items as labor and supplies necessary to carry out the foregoing maintenance, during the term of this contract, and for electricity, gas, fuel, water, telephone, rubbish hauling, and any other services used during the term of this contract, which the Association and Agent shall deem advisable. The Association shall continue to be obligated upon any such contract so entered into in the event of termination of this agreement with Agent. Regarding all contracts entered into in its behalf, the Association, through its Board of Directors, shall have the right to cancel such contract with or without cause by giving thirty (30) days prior written notice to the Agent.
c. To hire, at the Association’s expense, discharge and supervise all independent contractors required for the operation and maintenance of the Property whether or not any of said labor is regularly employed by Agent or by any company in which Agent has a financial interest, and to supervise in such maintenance work any personnel who may already be employee of the Association, or who become employees of the Association, as the Association authorizes.
Notwithstanding the foregoing, the Agent agrees to secure the prior approval of the Association or all expenditures in excess of Seven Hundred Fifty ($750) Dollars for any one item, except monthly recurring operating charges, and except for emergency repairs in excess of said maximum, when in the opinion of the Agent such emergency repairs are necessary to protect the Property from damage or to maintain services to the Association as called for in their By-Laws or in the aforementioned Declaration.
It is further agreed between the parties that:
a. The Association shall indemnify and save Agent harmless from all liability, damage, and the cost and expense of any suits in connection with the management for the Property and from liability from injury or damages to person or property suffered by any employees, owner, or any other entity whatsoever in connection with the management of the Property and from liability from injury or damages to person or property suffered by any employees, owner, or any other person or entity whatsoever; provided however, that nothing herein contained would be deemed or constructed to relieve Agent from responsibility to the Association for any loss or damage resulting from the gross negligence, malfeasance, or willful misconduct or breech of the Contract by Agent, its employees and agents; and the Association will carry, at its expense, necessary public liability, workman’s compensation (except on Agent’s own employees), and other insurance adequate to protect the interest of the parties hereto which policies shall be so written as to protect the association, and will come the Agent as co-insured as to liability insurance.
b. The Association hereby authorizes Agent to pay property and employee taxes, special assessments, and to secure bids and assist in placing fire, liability or any other insurance required, and the Agent is hereby authorized to accrue and pay for same from the Association’s funds, and all postage, printing and office supplies used specifically in connection with the management will be paid from Association’s funds. Agent will handle all claims under aforementioned insurance carriers without the prior approval of the Board of Directors of the Association.
c. The Association acknowledges that the Agent shall be the exclusive managing agent of the Association during the term of this agreement, but Association acknowledges and agrees that Agent is not bound to exercise his or its full time in connection with the business of the Association as set out herein. It is understood and agreed that Agent is an independent contractor and nothing herein shall be construed as creating an employee-employer relationship.
Any notices now or hereafter required to be given pursuant to this
agreement shall be to the following address, or to such other address as may be from time to time provided in writing by one party to the other:
AGENT: Foothills Property Management
P.O. Box 111
Clemson, South Carolina 29633
Attn: Paige Lee
In the event the Association causes capital improvements of a kind other than normally budgeted to be made upon the Property, (such as the construction of walls, fences, and the like), than said agent shall be compensated at a rate not to exceed eight (8%) percent of the contract price of such improvements for services rendered, based on the time required in the supervision of the construction of such improvements.
In the event the Association shall impose any late charge for assessments not paid by the due date, the Association and the Agent shall share equally in any late charges collected.
THE MANAGEMENT AGREEMENT CONTRACT shall be binding upon and
shall insure to the benefit of the heirs, successors and assigns of the Agent and of the Association, and shall be construed in accordance with the laws of the State of South Carolina.
IN WITNESS WHEREOF, the parties hereto have affixed or caused to be affixed their respective signatures and seal, all month, year and first appearing above.
By: ____________________________ (Seal)
By: _______________________, its President
By: ____________________________ (Seal)
AGENT: THE FOOTHILLS COMPANY, INC.
By: ____________________________ (Seal)
By: _______________________, its President
|Posted on July 15, 2020 at 7:25 PM||comments (0)|
CAPTAIN’S WALK VILLAS HOA 1200 Captain’s Cove Court Salem, SC29676
MID Year Update
This has been an unusual and sometimes challenging few months with the coronavirus protocol the Board felt it would not be prudent to hold open meetings. However, the Board continues to keep members informed on completed and proposed projects thus far.
Many members have commented on how great the area is looking. Your comments and encouragement are appreciated.
Pressure Washing: We noted in the April Newsletter we were accepting bids for this project. With the sidewalks, curbs, shared concrete patios and all shared areas finished, this project is completed. Full Glass Storm Door: This option was voted on by the membership and approved. This option will be added to our “Approved List.” Thanks to all the membership participation.
Clearing Underbrush: Many of you had expressed concern that the common areas were overgrown and in serious need of clearing. The Board took bids and the project was completed. One member remarked that he could view the golfers on the course again. So many members stated their appreciation for this project’s completion.
Entrance Landscaping Beds: Many of the members had voiced a concern that the landscaping beds appeared unkept and did not showcase Captain’s Walk entrance. The Board looked at options, took bids and the project was completed in time for the 4th of July. Flags were donated by two members and displayed. ￼
￼Repair, Replacement Of Rotting Boards and Painting: Many members voiced concerns regarding deteriorating boards at shared steps, handrails, etc. within CWV. The Board took bids, this project was completed and all shared surfaces were painted. This project really enhanced a refreshed appearance in CWV. The Board has noticed that some members have also painted their private steps and decks. Thank you.
Mold Follow-Up: We met with the contractor that performed the mold remediation in 2019 for a re-inspection of all areas and the following concerns were found:
PENDING PROJECTS: Bldg. 125 has a drainage issue, one of the gutter downspout feeds into an underground line which appears to be severely clogged or collapsed. This is creating a pooling near the base of the foundation after rainfall. A company has assessed the situation and will be providing a quote to install a new drain line.
￼Moisture Issue: Bldg. 560 has a moisture issue at the corner foundation wall. This is a previous problem as drylok was applied in 2019. However, there appears to be moisture weeping thru caused by excess rainfall. Two companies are scheduled to assess the problem in July and provide a quote for repairs
Trees: Bldg 560 has expressed concerns regarding trees. These trees were not a problem when we met with the Arborist earlier this year. However, we know any tree at any time can become a problem. We are having those assessed for removal or trimming. One large shedding tree limb was removed over the mailboxes in June.
Property Management: It was discussed that at last year’s annual meeting and it was determined that the 2020 Board would make a determination on the issue. Proposals have been sought prior to this Board meeting and were discussed. References/testimonials from other HOA Boards were read. It was unanimously decided that Foothills Property Management would be presented to the membership for vote.
Some specifics discussed were that Foothill’s proposal was considerably less than the figure presented in 2019 which was a monthly fee of $1,500.00, Foothills has proposed a monthly fee of $17.50 per unit for a total monthly fee of $1,085.00, which would be a budgetary benefit to CWV. Foothills manages most of the other condo associations in Keowee Key so they have extensive knowledge in this specific area and the many challenges we face, they are a local company and hold all the required licenses for South Carolina. They have stellar references from other associations within KKPOA. They manage both financials and the maintenance.The Board discussed the importance of neutrality for community harmony and that benefit an outside company offers.
Given that a management company may be taking over the day-to-day tasks of CWV and with a management company the complexity of Board duties will be considerably reduced, they work closely with the Board they follow the Master Deed. As customary, the Board members' upcoming year dues are waived at the end of year meeting. The Association forgave over $7,000.00 in dues for the 2019 Board. We feel this amount will go a long way in covering costs of a management company. Therefore, the 2020 Board has taken a vote and will unanimously decline the Association writing off our 2021 CWV dues if a management company is put in place. Included in the vote package being sent, each member will be asked to vote as to whether or not to stop the practice of paying dues for Board volunteers.
The Board requested performance reviews from other Boards within Keowee Key, which are being managed by Foothills Management, and they are as follows:
We will be sending the Vote Package out the first of August. Geig Lee has graciously consented to participate in a teleconference to answer any questions members may wish to ask concerning Foothills. We will be emailing the date to all members. If you wish to participate you will need to email CWV so you can be linked into the conference.
Taxes: A CPA was enlisted in October 2019 to obtain information as to when CWV last filed tax returns. After repeated requests thru June 2020, the Board felt it necessary to terminate this CPA and the matter has been turned over to another CPA.
Recycle Bins: You may have noticed the attractive “wicker” look bins around our Captain’s Walk property. These are recycle bins right on CWV premises, as part of a collaboration between the joint condo association and the Green Team. These were placed here at no cost to Captain’s Walk. We hope you appreciate the convenience and follow the posted guidelines for anything deposited in the bins.
Expenses to Date: The Board attached in the Newsletter email a detailed Itemized General Repairs List and Special Projects List thru June 30, 2020 for projects that have been completed. If any member has a question or concern please email to email@example.com
|Posted on July 9, 2020 at 7:25 PM||comments (0)|
Captain’s Walk Villas Association, Inc.
Minutes of Board Meeting
June 9, 2020
Meeting of Captain’s Walk Villas Board of Directors (via Zoom due to Covid 19)
All Board members present (Donna Rice, Bill Hollyday, Kerry Stefanyak)
Meeting was led and called to order by Donna Rice.
General Repairs: An analysis of repairs that have been performed to date since this Board’s inception December 2019 were discussed as well as repairs still needed and budget constraints. Items completed and items to be addressed will be listed in details in the upcoming newsletter to all members. Some of the main items were discussed at this meeting.
Pending Repairs: Some specific pending issues that may need attention are trees at the 560 building. These were not determined to be problematic when the arborist last assessed the trees for CWV, however, any tree at any given time can become a problem. We are in the process of having these trees reassessed for possible removal or trimming.
Mold follow-up: At the Board President’s request, Puraclean had recently returned to re-inspect buildings, as they are the company that performed the mold remediation in 2019.
It was determined that repairs are needed by some owners in terms of leaking pipes/hot water heaters, dryer not properly vented, etc. These could cause additional moisture/mold issues and need to be addressed by the owner.
Some owners are using the crawl spaces as storage which is not permitted as it can prevent ventilation and could cause damage to the vapor barrier that was installed.
Owners are being notified and will be expected to remedy these issues.
Moisture Issue: A portion of the 560 building has some moisture issues at the foundation base. This appears to have been a previous problem as Drylok was applied to an exterior foundation wall on the interior of the crawl space, however there appears to be moisture weeping thru caused by rainfall and further remedy will be evaluated. Two companies are scheduled to come at the end of July to assess the issue and quote for repairs.
Drainage Issue: The 125 building has a drainage issue where one of the gutter downspouts feeds into an underground line which appears to be severely clogged or collapsed. This is creating a pooling near the base of the foundation after heavy rainfall. A company has assessed the situation and will be providing a quote to install a new drain line.
Property Management: This was discussed at last year’s annual meeting and it was determined that the 2020 Board would make analyze and make a determination on the issue for voting. Proposals have been sought prior to this July Board meeting and were discussed. References/testimonials from other HOA Boards were read.
It was unanimously decided that Foothills Property Management would be the Board’s choice for management. Some specifics that were discussed were that Foothill’s proposal was considerably less than the figure presented in 2019 which was a monthly fee of $1,500.00, Foothills has proposed a monthly fee of $17.50 per unit for a total monthly fee of $1,085.00, which would be a budgetary benefit to CWV. Foothills manages most of the other condo associations in Keowee Key so they have extensive knowledge in this specific area and the many challenges we face. They are a local company and hold all the required licenses for South Carolina. They have stellar references from other associations within KKPOA. They manage both the financials and the maintenance. The Board discussed the importance of neutrality for community harmony and that benefit having an outside company offers.
Given that a management company may be put in place to handle day-to-day operations, a cap was discussed for the traditional waiving of Board member’s HOA dues and perhaps changing that to a percentage of fees or a flat rate being waived instead of full fees. With a management company the complexity of Board duties are considerably reduced, although they take direction from the Board they follow the Master Deed requirements. The issue of Board fees structure was tabled and will be discussed again by the Board prior to the vote package being sent out.
The Board President had requested performance reviews of Foothills Management from other Boards within Keowee Key which are being managed by them, and they are as follows:
“Regarding Foothills, we are more than pleased with their performance. Their responsiveness to our maintenance issues is very good. Whenever I call or email I get a quick response. Their accounting procedures work well for us. (Diane Lee and Lisa Bisuel are very good) and Geig Lee consistently makes himself available to the Board members and residents. We agree with Foothills approach to solving problems as they arise in the neighborhood most of the time. In summary, I recommend that Captain’s Walk seriously consider Foothills as your property manager.”
“I personally think Foothills does a wonderful job. They not only manage our buildings and property, but also maintain our finances, which are audited by an independent company each year. They are very professional. I have never had an issue with availability and they attend all our Board Meetings. Diane from Foothills records our minutes. Work orders are usually acted upon quickly unless there is an issue with mobilizing a third party vendor. They are responsive in emergencies.
Geig Lee’s family owns both the management company and a construction company. We have had them do construction work for us as well and it usually comes in under budget.
I honestly don’t know how we would function without them, they are truly our partners in managing this beast of a housing complex. I have now worked directly with them for five years and still hold a very high opinion. They have a difficult job and somehow make it look easy.
They are also reasonably priced given the amount of work they do for us.”
Landscape company: A new landscape company has been hired. Now that most of the undergrowth has been removed, the area cleaned up, bushes trimmed, etc, we are working on a consistent schedule for the routine maintenance with this company.
Taxes: This situation with back tax filings was discussed. This Board has been dealing with years of un-filed taxes by our association and was working with the CPA that was enlisted in October of 2019 to get the answers, however, after repeated requests by this Board from December thru June with no results he has been released from that obligation and a different CPA has been enlisted to get the answers needed to proceed. We do not yet know what the cost will be as we first need to determine how many year’s taxes were not filed or if any penalties will apply.
With the pending issues this Board is being diligent about keeping spending in check.
The meeting was adjourned.