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Nominations for the 2024 HOA Board of Directors are Due Thursday, Aug 31st at 9PM CDT to the email address:  Board@PersimmonHill.org

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Please include the name and address of the nominee along with a short bio and "why you want to join the board", so we can include it in the Fall newsletter which will contain the mail-in ballot.  Also include the nominee's phone so we can call and confirm intent and eligibility.

So, You Want to Be on the Board…

  • To be eligible to serve on the HOA Board of Directors, you must be:

    • 18 years of age and currently reside in Persimmon Hill

    • The homeowner (or trustee) as listed on JoCoGov.org​

      • Renters cannot serve on the Board.

    • An HOA household ‘in good standing’:

      • Have no outstanding balance due to the HOA

      • Not be in current violation of any Deed Restrictions

 

  • Board members make a substantial time commitment once elected:

    • Board members are elected to a one-year term.

    • Elections are held during the fall community meeting each year. 

    • Members average 5-15 hours per month of HOA related service. 

      • Some months may be busier than others.

    • Each member is expected to actively contribute. 

      • Your contribution is vital to the board’s success.

    • The board works as a team and needs all members to be present and available at various times throughout the day, week & year.   

    • Meetings:

      • Members are required to attend our two community-wide meetings each year via Zoom. 

      • Members are required to attend regular monthly board meetings.  Typically via Zoom.

      • Ad hoc and in-person meetings are called as needed.

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  • The 5-member Board will divide up the following AREAS OF FOCUS:

    • Greenspace (lawn mowing and landscaping)

    • The Lake & Dock

    • The Fountain & Aerators

    • Swimming pools (pool maintenance contract)

    • Security systems (keycards & video surveillance)

    • Entrances (lighting & flag display)

    • Playgrounds & Tennis courts

    • Deed Restriction (enforcement & notifications)

    • and a few others…

 

  • You will be compensated in the form of a waiver of dues the year AFTER you serve on the board.  

    • So, if you were elected in October of 2023, you would still pay your 2024 dues while you serve on the board that year.

    • You would NOT have to pay dues in January of 2025, even if you do not serve again on the board.

    • A full year of service is required to receive the waiver.  â€‹

What you should know about the HOA...

  • You will quickly learn that the HOA currently has a limited budget of about $175,000 per year (for 2023) with about $140,000 of fixed, non-discretionary expenses, like:

    • Administration - $13k

    • Utilities (power, water, internet) - $20k

    • Lawn mowing & landscaping - $50k

    • Tree maintenance - $7k

    • Swimming pool costs - $50k

    • All of these costs are going up with inflation…

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  • The HOA is bound by the original Deed Restrictions (DRs) filed with Johnson County back in 1978 by the original Persimmon Hill developer, Bleakley Development Co.

 

  • DRs are legally binding ordinances, filed with the county, unique to HOA homes, that go above and beyond what the city or county ordinances require. For example…

    • A City of Olathe ordinance requires that any fence installed in FRONT of a residence ‘shall not exceed 4 feet in overall height’.  

      • The HOA DR extends this ‘4 foot requirement’ to include ALL fences around a property.

      • However, the HOA DR only restricts a boundary fence to 4-foot.  A 'privacy structure' well inside the property boundary would not be subject to the DR and would then fall back to the applicable city or county requirements. 

    • A city ordinance also prohibits the storing of trailers, inoperable vehicles, RVs and boats, for an extended time, on any city street.

      • The HOA DR extends this prohibition to driveways or being ‘visible from the street’.  

      • However, we do honor the ‘extended time’ clause and allow folks time to get their boats & RVs ready to go out for use or back into permanent storage.

 

  • The Board of Directors does NOT have discretion or power to grant exceptions to the Deed Restrictions.​

    • To not uniformly enforce a DR would open the HOA up to legal action by other DR-abiding homeowners. 

    • Prior Boards have taken homeowners, refusing to comply with DRs, to court and have won judgements against them.

    • There are some existing ‘deviations’ to certain DRs that pre-date the HOA’s formation that are grandfathered in.  These are primarily where an in-ground pool exists and a county ordinance dictated a fence height over 4 feet.

 

  • Changing the Deed Restrictions, like amending the Constitution, is deliberately difficult and requires a two-thirds majority of all homeowners to vote in the affirmative to ratify a change.

    • With 587 total households currently in the HOA, that would require 394 ‘yes’ votes or signatures to modify the DRs.

    • Only bona fide homeowners may sign a petition to change DRs.  

    • Renters would have to contact the homeowner and ask them to vote on their behalf, if the homeowner is in agreement.

    • To be enforceable, the newly amended DRs must be refiled with the county.


 

  • The HOA Declaration establishes the Persimmon Hill First Homes Association with Johnson County and, among other things, establishes the annual ‘assessment’ or dues required from each household. 

    • Current 2023 dues are $300 per household and are due Jan 1st of each year and are considered late on Feb 1st. 

    • These dues provide the entire annual HOA budget:  $300 x 587 = $176,100

    • The Declaration allows for changes to the annual dues to be made at either semi-annual meeting (or a special meeting called for that purpose) by a simple majority of total votes cast by homeowners present, ballots received via US Mail or those received via email from the homeowners’ email address on file.

       

  • The HOA Bylaws govern how the Homeowners Association is to be run and how the Board of Directors is to be chosen.

    • The Bylaws, like the dues, may be changed by a simple majority vote at either semi-annual HOA meeting (or a special meeting called for that purpose).

    • Not all 587 households are required to vote on a change to the Bylaws or an increase of the annual Dues.

    • Both the HOA Declaration & Bylaws state that any changes to the dues must be “fixed and levied” at least 45 days prior to the due date of January 1st, or essentially the week before Thanksgiving.

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