www.NorthHenrysLake.us                          
     

 NHLHA Homeowner's Association
www.NorthHenrysLake.us

NEWS/INFO


 
SPRING NEWSLETTER 2017
 FROM RICHARD HODGE, PRESIDENT
(See Association Rules online)



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MINUTES FROM 2016 MEETING

North Henry's Lake Homeowner's Association
Minutes of Annual Meeting
July 9, 2016

The annual meeting of the North Henry's Lake Homeowners Association was held at the home of Richard and Lynne Hodge, 3875 Lake Breeze Drive, Island Park, Idaho on July 9, 2016. Richard Hodge, President, called the meeting to order at 10:05. There were 66.5 lots represented (42%), 33 members present and 15 proxies submitted, more than the required quorum.

President's Comments
• We ran under budget by 5% this year leaving a budget balance of $1140.
• Actual reserves required by our by-laws, $20,000, and 100% of our dues have been collected.
• Our water system keeps on trucking and the gauges, etc. put in last year have been working well.
• Each individual homeowner is responsible for their own valves. It is an aging system and some have failed.
• Reviewed the state legislative actions regarding short-term rentals (provided in a prior mailing) and how it has impacted our approach.
• The outside accounting firm has done a great job with good accounting and great communication. We finished the second year and have a contract for renewal at the same cost.
• Thank you to Annette Taylor who has done a nice job of managing our website with new CC&Rs posted.
• We have a budget at the same level as last year.
• Acknowledged the loss of a couple of members who passed away this year, George Lang and David Hunter

Mike Weigand suggested that our by-law changes be recorded with the county. There was some discussion as to whether the county would record them.

It was asked if there were any questions regarding the 2015 Annual Meeting minutes. Dennis Hofflander moved to accept the minutes as submitted. Linda Harris seconded and they were passed unanimously.

Budget
Alan Silker saluted Lucy Jordan for doing the leg work to set up the accounting services currently being used prior to presenting the 2016-2017 budget. He also indicated that new homeowners and renters need to understand the environment they are in. There are about 5 mountain lions now living in the hills behind our development. They trapped and killed a young deer in the subdivision early this spring.

• We have a budget balance of $1140.
• A few years ago we voted to maintain an emergency fund of $10,000 and we are doing so in addition to the $20,000 reserve required by our by-laws.

There was a question raised why the roads were now budgeted at less than the actual expenses for last year. Alan explained that there had been some planned projects last year that were taken into consideration and there are no planned projects this year.

A question was asked about what was included in the line item Utilities---lights. This covers the heaters and lights in the pump house in addition to some miscellaneous lighting expenses.

A question was asked about the weed control budget. Mont has chemicals in reserve and did not need to purchase more. Mary Van Fleet raised a question about cheat grass and asked if we should consider trying to control. This was moved to new business.

There was a question about accounting and legal fees. Accounting is $1800 plus $500 for tax preparation. The remainder is for legal fees.

Alan indicated that he would be leaving the board in a year but would work with and train anyone who is interested in the treasurer's position. He indicated that it sometimes takes 3-5 follow-ups to collect the HOA dues. Dues are mailed out in August and due in 30 days.

Mary Van Fleet moved to approve the budget, seconded by Mary Dimke. Motion passed.

Roads Report (presented by Richard in Gar's absence)
• Snowfall was higher than normal this year.
• Some work was done on drainage.
• Dust abatement was to be done yesterday but will be done soon.
• Homeowners are trying their own strategies to control traffic. The board is now taking a position. The status quo will remain in effect at the current time. All speed bumps must be removed in the fall for snow removal. The board will research the best plan and develop a more permanent approach consisting of a combination of strategies such as bumps and dips that will be able to be implemented next year.
Discussion:
Who is liable for bumps on a community road?
People will go around speed bumps so need to place obstacles to prevent them from driving on private property.
Problem on Brookie Lane isn't in our subdivision but may be able to get cooperation through Melissa.
Dust abatement wasn't done on the access road to get to Lakeshore Dr.
Need to talk to the people who will be near the speed bumps to get their perspective/concerns.

It will be added to the board agenda to develop a proactive plan to deal with the roads. This should be a cooperative plan involving Melissa.

Water report
• Water system working with no problems and it passed all tests.
• Standby system is working properly too.
• There is a 4” valve in Jack Wright's drive that does not close. Mont has one in the pump house and can have it replaced if the board chooses to do so. Mont feels it should be replaced. He would put the old system in place while doing repairs so no one will be without water.

• Time to replace two impellers but motors can be rebuilt rather than replaced.
• Mont thanked everyone who helped fill potholes and he has chemical and containers if anyone wants to spray weeds.
• It would be wise for each homeowner to have a water reserve.

Richard requested that an estimate on impeller replacement be presented to the board prior to getting the job done.

A question was raised as to whether we should check other valves so we don't get caught. Mont feels we won't get caught.

Prior to digging you should contact Mont. All wires, cables, pipes, etc. need to be located and marked. He can also provide names of contractors who can replace your valve.

Other than with your personal valve it is not possible to shut off water to an individual house.

Short-term rentals (lively discussion)
• Current renters are grandfathered in, new owners could be required to have longer rental terms
• Legislation left door open for new buyers if they agreed to and signed the restrictions.
• Board wants to wait to see how court rules on upcoming cases. What will case law show? They would watch over the next year and report back.

Dan Forrester stated that he felt it was not prudent to wait. The board has reservations.

Need to look at statute for clarification.

Mike Weigand indicated that it should be the seller’s responsibility to their neighbors to include a condition of sale. This could include a “no less than 30 day rental clause.”

Lakeshore Drive is having significant concerns with renters in Starry Night Rental.
Noise, traffic, trespassing, stolen dogs, walking back and forth across yards to launch boats, drinking, late night parties with shouting, possible gunfire, 12-15 people in the house, etc.

Richard asked how many wanted us to change our CC&Rs. The board feels it is highly unlikely to pass. It was asked if an individual subdivision could call for a vote. Richard stated the board would work with them to do this.

Karla Fulscher was unable to be in attendance but sent a letter to be read. She stated that the board should be proactive in assessing the damage to the community. A healthy discussion followed.

Richard indicated that the community has spoken loudly that we need to move forward in changing our CC&Rs.

There was a suggestion to look at all avenues and pursue issues of commercial zoning.

There is already a process in place through Island Park and Fremont County for permitting short-term rentals. We could try working through the permitting process to address problem rentals. Who does enforcement and fining? Could city or county pull permit for problems?

Island Park has two types of zoning, commercial and residential. They don't consider short-term rentals as commercial.

Al Carter made a motion that the board aggressively pursues solutions to short-term rentals. Seconded by Mary Van Fleet. Motion was amended to say the board would form a committee to aggressively pursue solutions to short-term rentals.

Residents on Lakeshore Drive requested that signs be posted indicating private access, etc.

Two vacancies on the board will exist as Lynne Hodge and Mike Archibald retire. A call for nominations was made.
Dennis Hofflander moved to nominate Mary Van Fleet, seconded by Mary Dimke. Motion passed.
Sue Hofflander moved to nominate Mary Dimke, seconded by Lynne Hodge. Motion passed

Thank you to Richard for a great job.

Meeting adjourned at 12:00 pm.


North Henry’s Lake Homeowner’s Association
Memorandum from the Board of Directors
August 1, 2016


Dear Homeowners,

I am writing on behalf of our Board of Directors and specifically our Roads Director Gar Lorraine, regarding our road plans for the coming year, as well as our plans to amend our CCRs.

Roads
There is concern for three aspects of our private roads in our community. And our plans this next year are to address all three. Our newly approved budget has the capacity to support the plans outlined below.

1. Dust abatement, including collaboration with Division Six
Since the annual 2016-17 homeowner’s meeting we have dusted the roads. We have proactively reached out (and will continue to do so) to Division Six and will include them in our dust abatement efforts. We expect to do this again in late June or early July before the 2017-18 annual homeowner’s meeting (mandated as the second Saturday in July)

2. Water Erosion and Road Repair
It is always a challenge, with composite roads, our harsh weather at times and a limited budget to produce quality roads. We will be working with knowledgeable advisors and contractors to continue to grade and manage our roads. Alan, Gar and Mary V. will work as a team to execute this plan. It will be done after this season but hopefully before the rainy time next year.

3. Excessive Speed abatement
Excessive speed has been irritating and impacting our community for quite some time. The short-term renters have not aided it of course. We have seen various homeowners use different methods and practices to implement various versions of speed bumps to restrain the speed and act as a visual and physical deterrent.

We will leave the current efforts in place until the snow season is eminent. Then we will ask all homeowners to please remove any barriers they have put in place and we will purchase more substantial and permanent speed bumps that should have a longer life, be less likely to damage a tire and make less noise when in use. We will also put signs along the road before any bumps in both directions to warn drivers to slow to ten miles per hour.

CCR Amendments
As happened last year, we received extremely strong sentiment from a vast majority of homeowners regarding the Association doing anything possible to restrict short-term rentals and their impact on our community. After the annual meeting Division III decided to go ahead and execute an amendment process. We have been in collaboration with them as a Board and given the community’s overwhelming support, we have decided to take a similar path with the other Divisions. One representative will work with the board and organize a petition to get signed in support of common language created for each of our Division’s CCRs. Expect be contacted soon. Those who are not up here will be contacted by mail.

Also, the Board strongly suggests that you monitor any short-term rentals near your properties and if there are any disturbances, excessive speed, late-night excessive noise, off property parking, road damage etc. please first call or write the following:

Sheriff: (208) 624-4482
Island Park Planning and Zoning – Thomas Cluff 208-558-7687
Mayor – Tom Jewell 208-558-7687

Please feel free to speak with any of the Director’s listed on our web site on any of the issues, and, specifically Gar as our Director of Roads.

Sincerely,
Richard Hodge NHLHA President on behalf of the Board of Directors


 

 

October 1, 2015

Dear Association member,

At our last homeowner’s annual meeting we (the Board) were overwhelmingly encouraged to research restrictions on cabin rentals and propose an amendment to the Bylaws to control rentals if feasible.

The following information and enclosed Bylaw Amendment are being submitted for your consideration and vote sent out October 1, 2015 and returned by November 14, 2015. 

 

NHLHA By-Law Amendment Proposal

 

Background

When our community was founded it included new homebuilders who had no interest or intention to buy or build in order to offer short-term rentals.  
There was no easy vehicle like the Internet or VRBO or Airbnb to enable wide,  no-cost distribution of a rental offering. So, our Bylaws and CC and Rs were silent on the subject.

With the Internet, various rental sites and extremely low-interest home loans, the proposition of short-term rentals has now become a reality.  Most new communities have restrictions on short-term rentals, and many mature communities are changing or adding to their Bylaws and CC and R’s to eliminate or, at least, reduce short-term rentals.

The reasons for the restrictions are many: 1. Reduced homeownership pride and maintenance in the property; 2. Renters who do not care about the speed limits or our community rules; 3. Often, renters are here to celebrate  and make the most out of their time including excessive noise 
and aggressive road use.

 

The Board has performed legal research on our rights to restrict such usage and have been given advice on how to construct the amendment. We stand on strong ground if we grandfather current owner/landlords who have already been renting. There is both precedent and recent Idaho case law.

 

Suggested Changes

First and foremost, no existing By-laws would be changed. This proposed amendment would only be an additional article to the most current By-laws.

The newly proposed amendment to our By-laws limits short term rentals to no less than 90 days, except for certain owners currently offering short-term rentals who will be grandfathered to continue until the sale of their property  or the title passing to heirs.

 

Requirements to Pass

In order to pass the total vote must be at least 51% of the total lots – currently 157.5 lots, so at least 80 lots need to be represented by a Yes vote. Remember, if you have multiple lots, you have multiple votes. Your return ballot will be numbered to match with a master lot ownership list and your vote will be multiplied by your number of lots owned for the final tally. If you don’t return your ballot, your vote will be counted as a “no”. Even if you are not in favor of the proposed amendments, please make the effort to send  in your vote.

 

Process We Will Follow

The ballots will be mailed to the treasurer of the NHLHA. The envelopes will not be opened until after the closing date for the vote. In accordance with By-laws Article XIV, (3) three homeowner members will be present to witness the ballot counting. We will use a process that enables us to track all homeowners (Lots) who respond.  After all votes received are counted, a notice will be sent to the full membership 
of NHLHA.

Current Renters Must Contact a Board Member in Writing

Please be advised, if you are a current homeowner who has been renting your home, you must contact a board member in writing or by email with evidence of past rentals as well as evidence of any agent agreements and/or web-based marketing sites you are currently using. This documentation must include all items required in the  amendment. If this amendment is passed, you will be given 90 days from its effective date to submit documentation to qualify as a grandfathered property, as outlined in the amendment. 

 

In Summary

We would grandfather the current short-term rental ownership the a bility to offer short-term rentals as long as they owned the property. They would have to show evidence of having done short-term rentals to qualify. If the property passes to heirs or new owners their right would expire.

This would improve property maintenance of homes in our community, reduce wear and tear on our roads and improve the community on many levels.

The NHLHA board endorses this amendment (and is proposing it in accordance  with Article XIV of the current By-laws).

This is the real America where your vote counts a great deal.  Please be sure to vote on the ballot form provided and return it to us by November 14, 2015. Ballots must be received by November 14, 2015 to be counted.

Richard Hodge

President

602-317-5406 (cell)

Richard@AZHodge.com

Lynne@AZHodge.com

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PROPOSED AMENDMENT TO BY-LAWS

OF NORTH HENRY’S LAKE HOMEOWNERS ASSOCIATION, INC.

October 2015

 

 

Introduction

The following Amendment to the By-laws of North Henry’s Lake Homeowners 
Association, Inc., an Idaho non-profit corporation, has been created and approved 
by the Board for presentation to the members for a vote. This was done as a 
result of a request of the majority of the homeowners at the 2015 Annual Meeting held in 
Island Park Idaho.

 

 

Proposed By-law Amendment is as follows:

ARTICLE XV

RENTAL OF RESIDENCE

 

No Lot or residence within the NHLHA may be rented for less than 90 days at any given 
time to a Third Party.  Any Owner engaged in renting activities as of the date of this 
Amendment shall be allowed to continue renting for less than 90 day periods until 
said Lot is sold or conveyed to a Third Party, including heirs.  Any Lot Owner engaged 
in renting activity must, upon sale or conveyance of said Lot, notify, in writing, 
any potential buyer or person taking Title that no Lot within the NHLHA may be 
rented at any given time to a Third Party for less than a 90 day period and the lot in 
question was previously allowed to continue under grandfathering, now to discontinue.

 

To qualify as a pre-existing rental property, owners will be required to submit copies 
of rental records and receipts for at least twelve months to the Board. They will also 
be required to submit any agent agreements in place and/or web-site addresses 
currently in use such as VRBO. These records, agreements and web-sites will be 
reviewed by the Board for acceptance and qualification for continuance. This must be 
done within 90 days of notification­ of the passing of this proposed By-law amendment.
 Owners shall also submit a “tenant registration form” to the NHLHA for each 
rental period, in a form prepared for the NHLHA by the Board of Directors, prior
 to executing a rental to a Third Party.

Additionally, if an Owner fails to provide the “tenant registration form” to the NHLHA
 as outlined above, the NHLHA may impose reasonable monetary penalties as 
determined by the Board, in addition to other remedies available under Idaho law. 
The NHLHA may also suspend the Owner’s grandfathered ability to rent his Lot
 for a period of (12) twelve months.  Further, if at any time once grandfathered in, 
the lot owner is more than 45 days late on homeowner annual or special 
assessments, they will lose their ability to rent for a period of (12) twelve months. 
These rental restrictions take precedence over any inconsistent language in the 
Articles or By-laws or Rules of the NHLHA.

Owners may apply for a hearing before the Board for temporary or special variances
 in case of hardship.  Permission to rent less than 90 days will be granted at the 
sole discretion of the Board of Directors.

In the case where the homeowner sues NHLHA, the prevailing party shall have the 
right to collect from the other party its reasonable costs and necessary 
disbursements and attorneys' fees incurred in enforcing this Agreement.

In Closing

The undersigned Secretary of the Association certifies that the foregoing 
amendment to the By-laws is submitted for approval by a majority of the 
Members of the Association by ballots in accordance with Article XIV of the 
By-laws. Please complete and return the enclosed ballot by November 14, 2015.

Linda Malmberg

Secretary

 

 





 Links

www.aroundyellowstone.com 

www.islandparkpolaris.com 

www.islandparkrentals.com 

www.yellowstonewinterguide.com

www.yellowstoneparknet.com


www.bigskymontananet.com/nearby_towns/island_park.php

www.idahoparks.org/parks/

www.off-road.com/snowmobile/


Local Information


Golf/Resort
Island Park Village Resort
condo Timeshare & Rental Resort
Indo0r Swimming and 9 Hole Golf course
4153 N Big Springs Loop Road
Island Park, ID 83429
Phone:  208-558-7502


Bank
Bank of Idaho
4128 Lodgepole Drive
Island Park, ID 83429
Phone:  208-557-0226


Auto
Elk Creek Station
3974 N Highway 20
Island Park, ID 83429
Phone:  208-558-7571


Robins Roost
4150 N Big Springs Road
Island Park, ID 83429
Phone:  208-558-7440

Ponds Lodge
3570 N Highway 20
Island Park, ID 83429
Phone:  208-558-7221

Restaurants
Island Park Lodge
4153 N Big Springs Road
Island Park, ID 83429
Phone:  208-558-7281

Ponds Lodge
3570 N Highway 20 (Ponds)
Island Park, ID 83429
Phone:  208-558-7221

Timbers Edge
4130 Lodgepole Drive
Island Park, ID 83429
Phone:  208-558-9591

Lakeside Lodge
3857 Lakeside Drive
Island Park, ID 83429
Phone:  208-668-7147
www.lakesidelodgeandresort.com 

The Lazy Trout Lodge & Cafe
4771 Highway  (Last Chance)
Island Park, ID 83429
Phone:  208--558-7407

The Pines - Restaurant, Bar & Cabin Rentals
3907 Phillips Loop Road
Island Park, ID 83429
Phone:  208-558-9384

Fishing/Guides
TroutHunter on the Henry's Fork
3327 N Highway 20  (Last Chance)
Island Park, ID 83429
Phone:  208-558-9900


Henry's Fork Anglers
3340 Hwy 20  (Last Chance)
Island Park, ID 83429
Phone:  208-558-7525
www.henrysforkanglers.com 

Hyde Outfitters
3350 Highway 20 (Last Chance)
Island Park, ID 83429
1-800-428-8338
www.hydeoutfitters.com 

Newspapers
Island Park News
Weekly Newspaper & Publications
PO Box 410 
Island Park, ID 83429

 

 

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