Author: Jana Pote

The Rainbow Lakes West 3rd HOA Board has been working on changes and enhancements to our covenants over the last several months. We recently mailed a copy of the proposed new covenants and we are scheduled to have a meeting regarding the covenants this Thursday evening. The HOA board encourages you to come to the meeting this meeting so we can answer all of your questions, many of which have been misunderstood or misrepresented by a neighbor going door-to-door in our area.

Our sole intent in updating the covenants is to assure that our home values remain steady or increase due to the quality of our upkeep, appearance, and care of our properties. Your HOA board is made up of your neighbors who will also be abiding by these covenants. We would not propose anything that seemed unreasonable or unfair. The covenant changes would ensure that the HOA board could enforce covenants in a timely and effective manner and help enhance the visual appeal of our neighborhood.

We would ask that each homeowner read the proposed changes yourself and refrain from making judgments until you have attended the meeting or have spoken with a board member to hear the reasoning behind the changes.

We will welcome the opportunity to dialogue with you regarding any concerns you may have. Please come with an open mind and the understanding that we only want to improve our neighborhood.
Here is a description of some of the proposed changes that has one neighbor campaigning door-to-door and the thinking behind these changes.

G. No automobile, truck, motorcycle, boat, trailer of any type, camper, recreational vehicle or any other vehicle of any type or description may be stored or permanently, continually or regularly parked on any Building Site or driveway. “Stored, permanently, continually or regularly parked” shall mean parking or storing said vehicle on a Building Site for more then seventy-two (72) consecutive hours. Vehicle repairs other than ordinary light maintenance are not permitted on the Property unless taking place inside of the garage of a Residence.

In summary, this change is to prevent using your home driveways as a storage facility. The objective of this point is to prevent “project cars”, boats, trailers, RVs, etc. from being stored permanently in driveways. As long as you move/drive your vehicles parked on the driveway, there is no issue. –or– If you regularly move your vehicle(s) parked in the driveway it is not an issue. Inspections of the neighborhood are only done once every two weeks. If you have a vehicle, boat, trailer, RV, etc. that sits month after month (or year after year) in your driveway, we feel it detracts from the look of the neighborhood and hurts everyone’s property values.

M. Each Owner shall keep and maintain all Building Sites and all Improvements therein or thereon, in good order and repair including, by way of illustration and not by way of limitation, the seeding, watering and mowing of all lawns, the pruning and cutting of all trees, shrubbery and plantings, and the painting(or other appropriate external care) of all Improvements, all in a manner and with such frequency as in consistent with good property management in relation to the high quality residential neighborhood to be developed on the Property. Owners of Lots adjacent to lakes shall be required to maintain such Lots all the way to the water’s edge to include planting or seeding grass, mowing, watering, trimming and weed control.

In summary, this change documents what has been a verbal rule for many years. The objective is to put this into writing instead of just word-of-mouth. If you have a lake lot, you maintain the grass up to the water’s edge of the lake.

S. Notice of non-compliance and hearing. The Board of Directors or their agent shall have the authority to determine compliance with this Declaration. Upon receipt of an allegation of a Lot’s non-compliance, the Board of Directors shall review the allegations and determine if action is necessary. If the Board of Directors determines that action is necessary, the Owner of the Lot shall be notified in writing of the allegation and the Owner shall have ten (10) days to request a hearing with the Board of Directors to dispute the allegations. If the Owner fails to respond to the notification with ten (10) days, or after a hearing, the Board of Directors determines the Owner’s dispute of the allegation is without merit, the board or its agent shall notify the Owner in writing of the Board of Directors’ determination of non-compliance. The Owner shall have fifteen (15) days from the date of the notice of non-compliance to bring the Lot into compliance, determination of compliance to be the Board of Directors’ sole discretion.

In summary, this gives homeowners that are cited for being out of compliance a chance to present their case to the HOA Board. It outlines the number of days to make changes based on the citation and/or number of days to meet with the HOA Board.

S-1 Damages for breach of Declaration. In the event the Lot is not in compliance within fifteen (15) days from the date of the notice of non compliance, the Owner shall pay the Association an amount equal to $50 per occurrence of non-compliance issues from the date of the notice of non-compliance, not to exceed $500 per month of non-compliance, not as a penalty but as liquidated damages for the Owner’s breach of the Declaration.

In summary, this gives the HOA the ability to levy a fine for those homeowners that refuse to comply with the covenants. Without this section, the HOA can only ask an owner to make changes. If the homeowner refuses, there is nothing more the HOA Board can do.

The changes in our covenants have been reviewed and approved by HOA Management company which manages and reviews covenants of over 160+ Wichita area HOA’s. In addition, the proposed covenants have been review by an attorney that specializes in HOA covenants. The HOA board has been working for years to enhance and improve our covenants making them similar to other Wichita HOA’s. We are happy to finally have covenants at Rainbow Lakes West 3rd which are similar to other west-side HOAs.

Finally, the changes proposed to our covenants are standard with most other Wichita HOA’s covenants. If you want to read other HOA’s covenants, here are a few links.
The Moorings – http://mooringsfirsthoa.com/downloads/pdf/covenants.pdf
Forest Lakes – http://forestlakeshomeowners.com/Resources/Documents/covenants.PDF
Auburn Hills – http://auburnhills-hoa.org/user/file/DCCR-Auburn%20Hills%2013_search.pdf

Rainbow Lakes West 3rd
HOA Board Meeting
Date April 16, 2018

Attendees (check if in attendance)
Brad Sweet (president) Mary Hill (treasurer)
Agnes Johnson Kara Smith (HOA MS)
Jana Pote (secretary) Kenny Hughes

The meeting was called to order at approximately 7:00 p.m. at the home of Mary Hill.

Agenda items
1. Approval of March minutes Brad
Address of meeting corrected
2. Secretary’s report Jana
Note changed date of special meeting for approval of covenant revisions:
• May 3 @ 7:00 pm
• At the fire station at 21st and 135th street
3. Treasurer’s report Mary
Finances are in good condition. Question about whether to close account at Intrust and move funds to savings account, but we will wait until after the annual meeting in September to decide this.
4. Zone rep reports Kenny, Agnes
Kenny: Street signs in the neighborhood have been changed to indicate North/South. Thanks, Kenny, for making the call and getting this taken care of!
Agnes: Concerned about neighborhood crime, particularly about a recent event at the rental property near the front entrance. The board again discussed the fact that this property must cease being a rental house upon its next sale or change of ownership.
5. HOA Management Services Kara
Discussed covenant revision process
Finances look good3
Inspection report – essentially the same as before
Neighborhood directory is still in progress. The directory publishing company apologizes for the delay.
6. Special meeting to approve revised covenants Brad/Kara
Meeting date: Thursday, May 3
Location: Fire Station #21, 21st and 135th Street (2110 N 135th St W)
Time: 7:00 p.m.
• The mailing (including voting ballot and covenant revisions) has been mailed to all homeowners soon in order to allow adequate time to meeting agenda review them before the meeting.
• The board wishes to emphasize that the purpose of the revisions is to clarify wording, to bring covenants into alignment with state statutes, and to protect property values.
• This meeting will be for the sole purpose of discussing and voting to approve the revised covenants. Discussion of any other HOA business will take place at the annual meeting in September.
7. New business Brad
• A homeowner has requested that the board look into removing some of the dead trees and brush at the west end of the lake. She feels it is a fire hazard. David Pote and the board will determine which trees to remove. HOA Management will get the bids from contractors for the tree removal. `
• Neighborhood garage sales will be June 7-9.
• A large roll-off dumpster will be placed in the commons area across from 125 S. Forestview over two weekends in June. Dates to be announced.
The next board meeting will take place May 21 at 7:00 p.m. at the home of Mary Hill, 142 S. Forestview.
The meeting was adjourned at 8:10 p.m.

Rainbow Lakes West 3rd
HOA Board Meeting
Date Mar. 19, 2018

Attendees
Brad Sweet (president) Ken Hughes
Agnes Johnson
Michael Wise
Mary Hill
Al Cavallaro

The meeting was called to order at approximately 7:00 p.m. at the home of Mary Hill, 142 S. Forestview.

Agenda items
1. Review of February meeting minutes Brad
February board meeting minutes were reviewed and approved.
2. President’s report Brad
Dues review with HOA and liens. Final notice and lien approved.
3 months plus 30 days, then lien.
5-0 approved
3. Zone rep reports
• Zone 1 – none
• Zone 2 – street signs
• Zone 3 – none
• Zone 4 – none
4. HOA Mangagement Kara
• Covenants complete
• On hold – landscaping
• Directory mailing address update; deliveries and cost
5. Revised covenants Kara
Special meeting for covenant updates at fire station, 21st 135th
***UPDATE 4/16/18: Date to be announced; homeowners will be receiving a packet of information soon! Meeting will be sometime in early May.
Delivery proxy and ballot
Approval by sections; approved by sending proxy and ballots by mail (HOAMS)
By-laws discussion
HOAMS will complete mailing by end of the week.

The next board meeting will take place Monday, Apr. 16 at 7:00 p.m.
The meeting was adjourned at 7:50 p.m.

Rainbow Lakes West 3rd
HOA Board Meeting
Date Feb. 26, 2018

Attendees
Brad Sweet (president) Keith Stutzman David Pote
Agnes Johnson Kara Smith (HOA Management Services)
Jana Pote (secretary) Kenny Hughes
Mike Wise Dee Means

The meeting was called to order at approximately 7:00 p.m. at the home of Dee Means, 115 N. Rainbow Lakes Rd.

Agenda items
1. Review of January meeting minutes Brad
January board meeting minutes were reviewed and approved.
2. President’s report Brad
Nothing new to discuss

3. Secretary’s report Jana
Nothing new to discuss

4. Treasurer’s report Kara
Kara reported that our financial statement looks good and that our account balance is healthy.

5. Zone rep reports Agnes, Kenny
• Agnes is concerned about the amount of trash in the ditch by the front entrance.
• Kenny would like to request that the city add “N” and “S” designations to the neighborhood street signs indicating North and South Forestview to prevent confusion. The board asked him to place the call to the city to request those changes. He also asked for clarification regarding the hiring of HOA Management Services.

6. Mowing contract David Pote
HOA MS would like to have a hard copy of a contract for mowing services; one will be provided. In past years the agreement has only been verbal. The current mowing contract is for two years, 2018 being the final year of this contract.
David also clarified the areas which the board has hired him to care for and discussed additional services he has provided to the HOA through the years.

7. Revised covenants Kara
We briefly discussed the final revisions that have been made. A motion was made to accept the revisions; it passed.
We discussed how to educate the HOA members about the revisions. Kara will put together a mailing which will include a cover letter, agenda for the informational meeting, a proxy vote for each household, a mail-in ballot, and a copy of the amended covenants. Mailing will be ready to send by Mar. 15. At this time an informational meeting is planned for Tues., Mar. 27, but this date may change.

The next board meeting will take place Monday, Mar. 19 at 7:00 p.m. at the home of Mary Hill, 142 S. Forestview.
The meeting was adjourned at 8:20 p.m.

Rainbow Lakes West 3rd
HOA Board Meeting
Date Jan. 15, 2018

Attendees
Brad Sweet (president)
Keith Stutzman
Agnes Johnson
Kara Smith (HOA Management Services)
Jana Pote (secretary)
Mary Hill (treasurer)

The meeting was called to order at approximately 7:00 p.m. at the home of Mary Hill, 142 S. Forestview.

Agenda items
1. November meeting minutes Jana
Read and made one correction regarding the parking of vehicles in the street for extended periods of time. Minutes were then approved.
2. President’s report Brad
• HOA taxes have been signed and submitted to the IRS. Mary Hill approved payment of the bill to the accountant for preparation of the tax return.
• An electrical outlet at the front entrance has been repaired.
• The aerator pump on the lake has been repaired.
• The Architectural Control Committee has updated/revised the list of acceptable shingles for homes in the HOA.
• Tom Rausch (new owner) has requested the original approval plans for the enclosed deck on his property.
• Ron Ferris (potential home buyer) has requested an exception to the two-dog limit in our covenants. The board approved his request in December with the understanding the two older dogs will not be replaced in the future.
3. Neighborhood concerns Agnes
Board members receive occasional complaints regarding dogs being allowed to leave waste on their neighbors’ lawns. The board wishes to remind HOA members to exercise common courtesy and pick up dog messes.
4. Treasurer’s report Mary
Mary has received the files from former treasurer Phil Iwinsky. She has also received one mailbox key.
5. Pet concerns Keith
The board continues to hear of concerns regarding the number and behavior of pets in the HOA. There have been several troubling incidents regarding the death of smaller pets and injuries to people. The city of Wichita has ordinances governing the number, care, and behavior of pets, and homeowners are urged to be in compliance.
6. HOA covenant revisions Kara
• The board reviewed and discussed the newest iteration of the covenant revisions and made a few more corrections and clarifications. At the February meeting the board will review the final draft of the revised covenants and schedule zone meetings for the purpose of informing residents about the updates and conducting a vote to approve. Each HOA member will receive in the mail a copy of the revised covenants, specific dates and times of the scheduled zone meetings, and a proxy vote form. Zone meetings will be held during February and March.
• She reported no new information regarding the financial statement, but stated that everything looks good.
• Property inspections continue; one new addition has been made to the list of items needing attention.
• The neighborhood directory is in process. It will include names and addresses of all HOA residents, as well as phone numbers and email addresses of all who responded to the request for information.

The next board meeting will take place Monday, Feb. 19 at 7:00 p.m. at the home of Mary Hill, 142 S. Forestview.
The meeting was adjourned at 8:15 p.m.

Rainbow Lakes West 3rd HOA Board Meeting
Nov. 20, 2017

Attendees: Brad Sweet, Keith Stutzman, Jana Pote, Dee Means, Agnes Johnson, Tom Rausch, Nate Adams, Rodney Wright (VP HOA Management Services), Kara Smith (HOA Management Services)

The meeting was called to order at approximately 7:00 p.m. at the home of Dee Means, 115 N. Rainbow Lakes Road.

Agenda items:

1. Introductions

2. Minutes from October board meeting were approved.

3. Mary, Brad and Phil have gone to the bank to get signature cards changed and paperwork completed for HOA Management Services to handle the paying of bills.

4. Brad and Keith reported that the broken pump at the east end of Reservoir A will be repaired/replaced by Dave Deffenbach, a homeowner. Dave did the original wiring and installation of the aerator pumps, and has offered to do the work at his cost. The board is grateful for his generosity. Cost will be approximately $450.

5. Kara reviewed the financial statement.

6. Zone rep reports:

a. Agnes: concern about the weeds/unkempt bushes around the signs at the front entrance. The board would like to plan a volunteer work day next May when the landscaping can be updated and cleaned up. Details to come. It was also suggested that we ask homeowners to sign up for one week during the summer to volunteer to care for the landscaping.
b. The question was raised concerning who puts up our Christmas lights each year at the front entrance. We were unsure who does that.
c. Keith stated that parked cars/trailers that are left for extended periods of time need to be reported to the city by calling 911. This is a city issue, not an HOA issue. An officer will come chalk the tire of the reported vehicle, and it will be impounded if not moved after the warning.

7. HOA Management Services report: They continue to document and sent notices regarding yard clean-up, exterior projects, and junk in driveways.

8. New homeowner Tom Rausch and roofer Nate Adams attended to discuss a concern about the roof approval process. The board agreed that the approved roofing materials list needs to be updated and will have the architectural approval committee begin this process as soon as possible. In the meantime, Tom will meet with Al Cavallaro (ACC chair) to get approval for his roof this week.

9. Rodney discussed the proposed changed to the covenants. Several revisions will be made and the HOA will have the opportunity to vote on the changes in the near future.

10. Jana asked about putting up “No Soliciting” signs at each entrance, but some felt that these are ineffective. Rodney stated that we should simply call 911 and report a suspicious person when solicitors come to our neighborhood. The police will verify whether they have a license to solicit in Wichita.

11. Brad will notify the board of the date and time of the next board meeting. The board typically does not meet in December.

The meeting was adjourned at 8:40 p.m.

Rainbow Lakes West 3rd
HOA Board Meeting
October 16, 2017

Attendees: Brad Sweet, Keith Stutzman, Jana Pote, Dee Means, Agnes Johnson, Al Cavallaro, Mary Hill, Kenny Hughes, Terri Wolfe (HOA Management Services)

The meeting was called to order at approximately 7:00 p.m. at the home of Mary Hill, 142 S. Forestview.

Agenda items:

1. Introductions were made as many new board members were in attendance.

2. Minutes from August board meeting were approved.

3. Election of officers:
a. President: Brad Sweet
b. Vice President: Dee Means
c. Secretary: Jana Pote
d. Treasurer: Mary Hill

4. Mary, Brad and Phil will go to the bank to get signature cards changed as a result of the change of officers.

5. Contact information for board members was compiled. Terri Wolfe will send a finished list.

6. The covenants and by-laws need to be updated so they comply with state laws and other HOA’s. Previous attorneys have not been successful in making them fit our HOA. Rodney with HOA Management Services will be working to correct this problem in the very near future, hopefully before our November meeting.
a. The revisions/improvements to the covenants and by-laws must be approved by a 60% majority vote of the homeowners. A decision will likely be made at our November meeting as to how the vote will take place (special meeting, door to door by zone reps, other?).
b. The discussion clarified that covenants are the agreed-upon restrictions and protections with which homeowners agree to comply upon purchasing a home in the HOA, and that the by-laws provide the structure by which the HOA board may enforce those covenants, conduct business, and govern
themselves.
c. The board will pursue the addition of wording regarding property maintenance (mowing, seeding, painting, trash containers, etc.) as well as the extended parking of RV’s, boats, and non-operational vehicles, which could include fines for failure to comply.
d. The validity of current liens was discussed, acknowledging that new liens will need to be issued upon the approval of the new covenants and by-laws.

7. Terri Wolfe explained the function and purpose of using the services of HOA Management Services. An informational sheet will be distributed to all HOA members which should clarify exactly what we can expect from them.
a. The Architectural Control Committee will no longer accept project requests from HOA members. Rather, homeowners will submit their requests {Project Approval Request, or PAR) through HOA Management Services who will in turn present the requests to the Architectural Control Committee for approval.

b. Emphasis was placed on the fact that the homeowners are not paying additional dues at this time to finance the use of HOA Management. Because the board consists of volunteers AND few homeowners choose to volunteer to serve, the consensus among the previous and the newly-elected board members is that their services will be well worth the cost and will encourage greater homeowner participation in future years. NOTE: At the end of one year with HOA Management Services, homeowners’ dues will need to be increased to fund the cost if we continue to use HOA Management Services. The amount of the increase will be determined as the time grows closer.

8. Terri Wolfe reviewed the covenant offenses noted by HOA Management Services. Photos have been taken for documentation, and a list was provided to board members. Inspections take place approximately bi-weekly.

9. Following the removal of the small dock at the east end of Reserve A, some metal posts remain in the lake. They have been painted red to warn of the hazard. The contractor who removed the dock intends to remove the poles once the water level drops adequately, but this did not happen this year. The board retained $100 of his fee to be paid upon completion of their removal. Another bid for $800 was quoted for removal at this time, but the board feels we should wait a bit longer for an opportunity to have the original contractor complete the job for the final $100.

10. Discussion was held regarding two long-standing covenant violations. The homeowners are aware the violations, but the board is awaiting the covenants and by-laws updates before taking further action.

11. Goals of this board for the upcoming year in Rainbow Lakes West 3rd:

a. Update covenants and by-laws (current ones are available on the HOA website https://www.rainbowlakes3.com/ )
b. Emphasize social involvement (zone gatherings, annual potluck, Neighborhood Night Out)
c. Create a directory for all homeowners (names/addresses provided, homeowners may choose to add phone/email info)
d. Increase annual HOA dues if we continue to use HOA Management Services.

12. The next board meeting will take place Monday, Nov. 20 Mary Hill’s house. All meetings will be scheduled on the 3rd Monday of each month at 7:00 p.m.

Following an expression of thanks to Terri Wolfe for attending, the meeting was adjourned at 8:15 p.m.