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MISSION VIEW TERRACE HOMEOWNERS ASSOCIATION
REGULAR BOARD MEETING
TUESDAY, NOVEMBER 19, 2013
President Lois Lauman called the meeting to order at 6:30 p.m. at the Lakeside County Water & Sewer
Office.
Board Members Attending: Terry Faris, Roger VanLandingham, Mike Rasmussen, Collyn Peklewsky, Lois
Lauman and Secretary/Treasurer Linda Heim. A quorum was declared by Linda Heim.
Agenda Amendments: President Lauman moved the Enforcement of Covenant #6, Page 3 under
New Business to immediately follow the Public Comment Period. President Lauman also reminded
everyone that the meeting is recorded.
Homeowners & Guests in Attendance: Dan Brien, surveyor from Sands Surveying, and Bill and Kari
Lincoln, Mission View Terrace homeowners.
Public Comment Period:
President Lauman introduced Dan Brien who was hired to survey the
lakeshore Commons area in 1993 and again this Fall. Dan was invited to the Board meeting to explain
the surveys conducted in 1993 and again in September of 2013 as related to property ownership. She
explained Dan Brien would give his presentation first and asked everyone to hold their
questions/comments until he was completed. Homeowners and guests will each be given three (3)
minutes to comment.
Dan stated that the two surveys agree, and he was the surveyor on both. Dan stated that his first job
was to find the boundaries from east to west and that he found the original survey pins with the
exception of the one on the south end of the Commons shoreline. He assumed the pin was there but
buried under fill which had been placed over time. Dan also informed the Board state law is explicit in
the method to survey ownership of low water property lines stating there are five allowed methods:
Extension (straight line), Perpendicular, Cove, Shoreline or Acreage and Proportionate Acreage
methods. Dan stated the worst of the five to use is the Extension Method (straight line). Dan explained
that according to State law, if a property owner has a deed along a shoreline of navigable water (lakes),
then they own to the low water point. He also said surveys do not show the low water mark. Dan
pointed out that 10 vertical feet of navigable waters are regulated by the State of Montana. After being
involved in court cases to settle low water property lines, Dan stated that the courts are interested in an
equitable solution for everyone.
There was discussion of the deeds between Mission View and Bill Lincoln’s parents, Bob & Dolly
Lincoln, in 1993. The deeds recorded are from Mission View to the Lincolns for a triangular piece of
property to straighten out their property lines. Bill Lincoln stated this deed was just for that piece and
not to the low water line. Dan Brien explained that the issue here is determining property lines from the
high water mark to the low water mark, not the high water property lines. He again reiterated that the
courts look at equitable ownership, and they only look at the lines in the water—nothing on the upland
side at all.
President Lauman thanked Dan for coming.
Bill Lincoln was then given an opportunity to address the Board. Bill stated that he has talked to other
surveyors and attorneys. He said it was never his intent to stop the use of his property on which he
believes the east side of the east dock sits. Since the Board is contesting ownership lines of that dock
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MVTHOA Board Meeting
Minutes 11/19/13 – Pg. 2
area, Bill is requesting Mission View remove the dock posts upon the advice of his attorneys. Bill
further stated he has five surveys that support his ownership of this property. Dan Brien said he has
reviewed the surveys filed with the county, and each of them is a survey of the high water mark, not the
low-water mark using the Extension Method. Dan also said that he believes the east dock slips are not
on the Lincoln’s property, and that after reviewing the surveys four surveyors in his office agree.
Bill Lincoln stated that if Mission View wants to go that way, then Mission View’s attorney should call his
attorney. President Lauman stated that the Board did not know where Mission View property lines
were and that is why Dan Brien was hired to survey the Commons Area.
Dan Brien pointed out that if property owners can agree, then the court would accept that the
agreement between the two would be considered equitable by it. Dan also stated that the largest
owner gets the largest piece of property when the court is considering what is equitable.
President Lauman thanked the Lincolns and Dan Brien for coming. Bill and Kari Lincoln left followed
shortly by Dan Brien.
Enforcement of Covenant No. 6 – Board discussion:
President Lauman read the covenant (see attachment) and asked whether or not the Board wants to
enforce the covenant. Collyn Peklewsky said “yes” and that one homeowner had requested that the
Board enforce the covenant. She further stated that Mission View has covenants, and we need to
enforce them. Terry Faris stated that the Board was voted in to enforce the covenants. Mike
Rasmussen said that the Lincoln agreement with their sub-lessee stated the rentals would be for one
month. Roger VanLandingham said “yes” and voiced his opinion that the sub-lessee is bound by the
same covenants. Collyn Peklewsky also stated that the Mission View membership would have to vote
to amend the covenant. President Lauman stated that this is not just about the Lincolns but about
everyone in Mission View. She further stated that a covenant change vote (yes or no) could be
included with the next annual meeting notice.
A motion was made by Mike Rasmussen and seconded by Roger VanLandingham
not to grant a variance to Bill and Kari Lincoln relative to Mission View’s Covenant No. 6.
Discussion. Motion carried.
Minutes: The October 23, 2013 Board Minutes were approved as presented.
Treasurer’s Report: The November Treasurer’s Report was presented by Secretary-Treasurer Linda
Heim, which included the following: Balance Sheet, Profit & Loss, and the Transaction Detail By
Account Report. The bank account balances as of November 19, 2013 were as follows: General Fund
at Flathead Bank, $32,029.29; General Fund at Whitefish Credit Union, $30,473.08; Dock Account at
Whitefish Credit Union, $12,117.84; Total funds at Whitefish Credit Union are $42,590.92; Dock
Account at Flathead Bank, $6,350.82; and Road Account at Flathead Bank, $10,743.67 for a total of
$49,123.78 deposited at Flathead Bank of Lakeside. The D.A. Davidson Bond Account balance was
$5,533.48 with the total combined balance for all accounts $121,239.44. Income for November was
$466.67 against expenses of $2,187.26 for a net income of negative $1,720.59. After review, President
Lauman stated the treasurer’s report will be filed for audit as submitted.
The delinquencies, which now total $19,168.17, were reviewed.
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MVTHOA Board Meeting
Minutes 11/19/13 – Pg. 3
Approval of bills presented for payment: The Detail Transaction Report as of November 19, 2013
was presented for review and included the bills to be approved. Terry Faris made a motion to pay
the bills as presented with a second made by Mike Rasmussen. Discussion. Carried.
Correspondence:
None.
--COMMITTEE REPORTS—
Architecture – Terry Faris: No report.
Common Area and Safety – Lois Lauman: No Report
Docks – Collyn Peklewsky: No Report.
Roads – Mike Rasmussen
Shady Pines Update: Mike reported he had talked with both Tanner Smith and Rodney Olson,
manager of the Lakeside Water & Sewer District, regarding the schedule to continue work on the road.
Rodney stated their work to connect the water line between Cherry Hills and Mission View will be
approximately the end of November. Tanner told Mike the plans are available.
Barbara Stewart had parked her car on Shady Pines in a manner which blocked the road. However, it
is not blocking the road now.
President Lauman thanked Mike for all the work he has done.
Water – Roger VanLandingham
Roger reported he attended the Lakeside Water & Sewer District’s board meeting today. After listening
to Rodney Olson’s report to their board, the end of November for the District to finish the water line
between Cherry Hills and Mission View would be optimistic – more like winter or early Spring.
A fire hydrant has been placed in the lower water zone, which is a safety factor for any fires as well as
can be useful to the Lakeside Water/Sewer District to blow out pipes. There may be two or three more
placed within Mission View. Roger VanLandingham commented that homeowners might want to check
with their insurance companies to see if having fire hydrants in Mission View would lower their
premiums.
--UNFINISHED BUSINESS—
1. Shady Pines was discussed under the Road Report.
--NEW BUSINESS—
 2014 Budget: The Board discussed the various budget categories. President Lauman reported
that the cost of Billmayer & Hafferman filing Mission View’s water rights for the Commons Area
should be approximately another $3,000.
A motion was made by Mike Rasmussen and seconded by Roger VanLandingham
to approve the 2014 Budget in the total amount of $56,080. Discussion. Carried.
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MVTHOA Board Meeting
Minutes 11/19/13 – Pg. 4
NEW BUSINESS (cont’d):
 2014 Homeowner Assessments: The Board discussed annual assessments for both the
Homeowner dues and the dock dues.
A motion was made by Collyn Peklewsky to maintain the 2014 annual homeowner
dues at $400.00 (both occupied lots and vacant lots) and the annual dock assessment
at $50.00. The motion was seconded by Roger Vanlandingham. Discussion.
Motion carried.

2014 Snowplowing Contract: The Board discussed hiring Tanner Smith to plow the roads in
Mission View again this year as he has for the past several years.
A motion was made by Mike Rasmussen, seconded by Terry Faris to hire Tanner Smith
To plow and sand Mission View’s roads this upcoming winter season. Discussion.
Motion carried.

Additional road paving loan payment from Dottie Payne’s pay-off. After reviewing the road
paving checking account balance, it was decided this was not the time to do so as there are
several delinquencies. Therefore, President Lauman removed this item from the agenda.

Payment approval of bill for work on Shady Pines Road:
Roger VanLandingham made a motion to pay Tanner Smith for his final work on
Shady Pines Road, if the work is completed to Mike Rasmussen’s approval.
Collyn Peklewsky seconded the motion. Discussion. Motion carried.
BOARD COMMENTS:
President Lauman asked Board members to bring their By-Laws to the next meeting with any
suggested changes.
NEXT MEETING: The next meeting will be held on January 22, 2013 at 7:00 pm.
There being no further business, the meeting adjourned at 9:20 p.m.
____________________________________
Linda Heim, Secretary-Treasurer
___________________________________
Lois Lauman, President
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