Lexington Heights Inc.

General Meeting

August 20, 2022

I. Call to Order

The meeting was called to order by President, Bob Alimpich at 10:10.

II. Trustees Present

Liz Alimpich, Bob Alimpich, Renee Jobbit, Don McColman. John Medovarsky, Lynn Secord, Glady Stablein, and Dottie Schulte were present. Diana Larsson was listening on a phone.

III. Invocation

Steve Minnick gave the invocation petitioning God for guidance, good health, and safety for our community.

IV. Pledge

Bob Alimpich led the community in saying the Pledge.

V. Reading of the Annual Minutes of June 25, 2022

The community silently read the Minutes. Ben motioned to accept the Minutes. Sandy seconded. All in favor. Motion passed. (202235)

VI. Introduction of Board Members

The Board members were introduced to the community.

Bob Alimpich, President, Glady Stablein, Vice-President, Lynn Secord, Secretary/Webmaster, Diana Larsson, Treasurer, Liz Alimpich, Trustee, Renee Jobbit, Trustee, Don McColman, Trustee, John Medovarsky, Trustee, Dottie Schulte, Trustee

VII. Treasurer’s Report

Diana presented copies of Profit and Loss statement and a Balance sheet. If there are any questions regarding the Treasurer’s report, please email Diana at Lexingtonheightsinc@gmail.com.

VIII. Committee Reports

IX. President’s Report

The Board has worked very hard with our attorney, Tom Wilson, to obtain a settlement to the lawsuit. Bob is hoping that after the vote on the settlement and we can finally come together as a community again and begin to enjoy our community again. Thanks to Bob Hughes for making the message boxes along Lakeview. Thanks to Sandy Warner for spearheading new less obtrusive lighting along Lakeview. Thanks to Mark and Julie for meeting with a heating and cooling contractor about installing a heat pump and central air in at the clubhouse. Thanks again to Maria and her husband, Rob, and Michele Hirschfield for their work on the Mill Creek clean up. They hope to make it an annual event. We are getting more people to volunteer and that can only be a good thing.

Don read the Community Rules.

Bob read a letter from Sandy Czech on Nymph. She was accosted on the beach by two large dogs and verbally attacked by a man on the beach on August 13. She expressed her hope for people to be civil to one another in our community.

Update on the Lawsuit

At the Annual Meeting, Tom Wilson gave an extensive review of the lawsuit. He reminded everyone that Lexington Heights was sued by Ron Adkins. Since that time, we have had significant action on the lawsuit. Mr. Adkins owns seven lots on Grove Road and is surrounded by LexHi property on the south, east, and west. Mr. Wilson discussed how the lawsuit started and reviewed some of the important points. Please see the Annual Minutes from June 25, 2022 for a complete overview of the lawsuit or the Google link on our website to see all lawsuit documents. The Board went into Executive session a few times to discuss the negotiations which they are allowed to do. If you tell everyone out in public what your position is, then you lose your strategy. Three things the Board made very clear to Mr. Adkins were that he couldn’t build the wall at the bottom of the bluff, there would be no sale of the bluff property, and pay all of Lexington Heights attorney fees. We have now negotiated a settlement that is acceptable to the Board. The statute (PA 137 of 1929) requires that any transfer of any real estate has to be authorized by the general membership. The Board can not transfer or sell property to Mr. Adkins. Only the General membership can vote and transfer an interest in property. That portion of this settlement proposal involves an easement appurtenant. That is a transfer of title to Mr. Adkins, but not a complete transfer. It is a transfer of a property interest to Mr. Adkins. That requires general membership approval. This was just hammered out on Friday, June 19, 2022 at 4:00. Here is a summary of the proposal. The settlement proposal is as follows: Mr. Adkins and his wife will be granted an easement appurtenant. An easement appurtenant runs with the land. So if Mr. Adkins sells the house or if he passes, the easement would continue. The easement only applies to the existing encroachments that are there right now. The deck, stairs, shed, and retaining wall can all remain. He can use and maintain those items. If one of the items is removed or destroyed, that easement is over. He also can not increase the size of the encroachment. Also, Mr. Adkins agrees to hold Lex Heights harmless and indemnify it from any liability that may arise out of these structures. These are his structures. So this is something that he’s responsible for and he’s assuming that liability and maintaining insurance etc. on that. He can install a retaining wall, but it shall not be any longer than his existing wall. It has to be placed in the exact same location as his existing retaining wall at the top of the bluff or closer to his house. It can not extend any further south. His contractor has indicated that he can do that up there. Even though that existing retaining wall does extend some 12 to 15 feet on to Lex Heights property, Lex Heights is willing to allow him to keep that retaining wall where it is. It is failing so he is going to put a new one in and that will suffice at the top. Mr. Adkins agrees that he will not encroach anymore on Lex Height’s property without the written permission from the Board giving him permission. Mr. Adkins is going to pay all of Lex Heights attorney fees. So there is not any cost to Lex Heights. It has gotten expensive. Right now Lex Heights attorney fees are $20,000 and he’s going to be paying that. No out of pocket expenses to Lexington Heights. Both sides will dismiss all of their claims in the pending lawsuit and the case will be dismissed with prejudice. We have gone full circle on this. This is pretty much what the Board was going to propose a year ago. At this point, we need approval from the membership authorizing the Board to grant Mr. Adkins an easement appurtenant. The rest of the lawsuit the Board has the authority to enter into the terms including no more encroachment and the placement of this or that. The easement itself must come from a motion from the floor. In order for the proposed settlement to be finalized, we’re going to need a motion from the general membership to authorize the Board to grant Mr. Adkins an easement. The Board is in favor of this proposal. Mr. Wilson then answered questions about the lawsuit.

X. Adjournment Dottie motioned to adjourn. Liz seconded. All in favor. Motion passed. (202237)

August 27 Corn Roast @ 1 – 4:00 PM

September 10 @ 9:00 AM Board Meeting

September 24 @ 9:00 AM Board Mtg. Spaghetti Dinner 6:00 PM

October 1 Chili Fest 6:00 PM



Please note: All Executive session notes will be posted as soon as the final settlement agreement is received. I will post the settlement agreement as soon as I receive a copy.



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