04/29/04, 7:45 A.M.

Pursuant to the e-mail notification dated April 19, 2004, the April Heartland Apartment Association Board of Directors meeting was held at the above stated date and time at the offices of Oddo Development Co., 8460 Nieman Road, Overland Park, KS.

Board members present were: Doug Price, Jerry Miller, Rick Oddo, Mike Cassin, Chris Erdley, Jim Adams, and Ralph Lewis. Also present were Peter Katz, Jim Bowers, Mike Bland, Mickey Dean, and Sam Alpert. (Bill Charcut, Lee Harris, Jim Beverlin, Ward Katz, Dennis Watts, Ron Nolan, and Ken Riedemann were absent.)

The minutes of the last meeting on 03/25/04, which had been previously circulated, were reviewed and approved by those present.

FHEO/ HUD - Sam Alpert convened the meeting by introducing Mickey Dean of the KCMO Human Relations Department. Mr. Dean presented his perspective on the specific obligation of the Human Relations Department to "investigate" any and all referrals of potential Fair Housing and ADA violations. HAA participants maintained that given the mutual understanding that only a very small percentage (less than 10%) of all complaints have merit, there should be more discretion practiced on the part of enforcement agencies when it comes to determining the scope of "investigation". HAA further asserted that far too many landlord / tenant (lease) disputes result in frivolous Fair Housing complaints, which unnecessarily subject multi-family housing providers to unwarranted protracted investigations unless the respondent chooses to reach a monetary settlement, if only to dispose of the matter expeditiously. It was agreed that continued discussion with HUD and KCMO Human Relations along these lines has contributed to an increased sensitivity on the part of regulators with respect to the impact of unnecessary and intrusive "investigations". It was also determined that similar discussions should be undertaken with the Kansas City Fair Housing Center, which has been recently observed taking an aggressive approach to bringing both Fair Housing and ADA claims for lack of achieving suitable financial recompense.

In related brief discussion following Mr. Dean's departure, it was suggested by Jim Bowers that amending the local KCMO ordinance in such a way so as to create a significant disincentive to anyone making unfounded, "frivolous" claims of Fair Housing violations. It was noted that the Human Relations Department relies on the KCMO ordinance that mirrors the Fair Housing Act to interpret its role both as a regulator and as an investigative agency.

JACKSON COUNTY COURTS - As a follow-up to the March discussion, Ralph Lewis and Jim Bowers updated those present on what may be required to cause the Jackson County court system to be responsive to the need to docket and provide timely service for pending rent and possession cases. Subsequent to the March meeting, Mr. Bowers had begun drafting a legal petition to be filed in the event HAA efforts to seek administrative relief are not successful. The matter before the HAA Board was to emphasize the importance of naming affected owners as plaintiffs to ensure that technical "standing" could be established with the court, should the legal remedy become necessary. It was requested that individual HAA and AAKC member "owners", who regularly have an occasion to utilize the court system to facilitate rent and possession actions, agree to be named as plaintiffs in addition to both the HAA and AAKC.

KCMO FIRE INSPECTION FEE SCHEDULE - Sam Alpert reported that the case had been assigned to a Jackson County judge for a TRO hearing on prospective fee collections. The judge (Clark) was subsequently found to be an undesirable choice by the city, which exercised a 30 day right to request a change. As of the Board meeting, reassignment to another judge had not taken place. It was noted that in order to obtain a TRO while our case is being adjudicated, it may be necessary to post bond. It is uncertain how the value of the bond would be calculated in that no one has been able to accurately determine the anticipated revenue the fees would generate over a 12 month period.

PENDING KCMO ADOPTION OF 2003 UPDATED INTERNATIONAL BUILDING CODES - Sam Alpert reported that the HAA has been asked by Barry Archer, the Director of the Department of Codes Administration (DCA), to endorse the KCMO adoption of the updated International Codes Council family of building codes. Support for this initiative equates to better codes enforcement uniformity throughout the metro, while providing for cost effective construction and sound public safety policy. Some elements of the proposed adoption, such as the mechanical and plumbing codes, continue to generate controversy as they provide for less labor intensive applications, and are therefore opposed by certain organized labor groups. It was agreed that the HAA should provide written support as requested by DCA.

VOTER REGISTRATION - It was reported that voter registration packets continue to be widely distributed to member properties.

JOHNSON COUNTY WASTE WATER - Sam Alpert reported that little significant activity had occurred on the issue since the last HAA meeting, other than the decision of the Johnson County Board of Commissioners to engage an independent company to perform an in-depth audit of the Waste Water District's operations, and to terminate the district's agreement with OSI, its third party St. Louis based billing agent.

The next meeting of the HAA Board of Directors is tentatively scheduled to be held on Thursday, May 27, 2004, 7:45 a.m. at the offices of Oddo Development Co., 8460 Nieman Road, Overland Park, KS.

There being no further business to come before the Board of Directors, the meeting was adjourned at approximately 9:30 a.m.