Live Oak Homeowners’ Association, Inc.
C/o: Fairway Management of Brevard, Inc.
1331 Bedford Drive, Suite 103
Melbourne, FL 32940
(321) 777-7575
Board of Directors
Meeting Minutes
November 21, 2007March 19, 2008
1. 1. This meeting was called to order at 6:4633 p.m. Board members present: Doug Dixon Dixon, Joan Gould, Cheryl McCrossen, Cheryl McCrossonRob Ledbetter and Dave Marks..
Absent: Rob Ledbetter
Absent: Dave Marks
2. Reading or Waiver of Reading Minutes from Previous Board Meeting:
Dave MarksCheryl motioned to waive the reading and accept the minutes as written. Joan Cheryl
2nd. All. All were in favor. Motion passed.
3. Residents to address the Board:
A letter from Ms. Robin Petersonr. of Ralph Urch, 275765 Mariah Drive,Drive was read to the Boardvoiced his concernings regardingthe following:
a. No response from Management Company after 3 e-mails. She is requesting a motion be passed that anyone who sends an e-mail or correspondence be responded to. This would let the owner know their concerns are being taken into consideration.
The presence of garbage cans being stored in the front or the front side of homes visible from the street at times other than collection days is becoming more and more apparent. Is the re-writing of the resolutions still in progress
She has not had a newsletter since October when the community garage sale was to take place. Is there no longer a newsletter.
Homeowners want to be informed of the current Boards activities. The minutes of the meeting are not being placed on the web page for view.
Marianne Cassidy of 2763 Mariah Drive said her computer received a virus when trying to access Fairway Management’s website. Mr. Kenney stated that his server has not had any virus, nor has he been notified by any other person that they received one by accessing Fairway Management’s website.
the budget
and its reserves. He had a concern about Tract I and its maintenance cost. Doug
assured Mr. Urch that on the 2008 Budget, no monies were being allocated towards that reserve. Mr. Urch next questioned the maintenance and the cost for
maintaining the trees at the entrance. He was informed that Live Oak is no longer
responsible for that area and it has subsequently been turned over to the business’
located at the entrance of Live Oak subdivision.
4. ARC Committee Report:
25 applications were submitted and/or re-submitted and/or re-submitted to the Committeeboard:
1. 4972 Rosewood Lane – request for driveway repair, which includes
concrete overlay finished with an earth tone color. This application
was denied until the board can further obtain and discuss information
regarding this process and color options1. 4979 Erin Lane – Approved for removal of one (1) oak tree in front yard, as long as one (1) mature oak tree remaining. .
4967 Erin Lane – Approved for expansion of existing fence.
Doug would like the ARC Committee to meet on their own time to discuss and come up with some recommendations for guidelines they want to move forward with and then Mr. Dixon can decide what needs to be put on the agenda for Board approval. He opened his invitation to all members who have an item they would like to be put on the agenda to contact Fairway Management, who would in turn, get that information to Doug to be put on the agenda and to gather any information necessary for that line item.
2. 4877 Erin Lane – request to paint house and removal of one tree. This
application was approved.
3. 4949 Rosewood Lane – request to replace front door. This application
was denied pending submittal of color swatch.
4. 4855 Erin Lane – re-submittal requesting installation of new front
door. This application was denied pending suitable submittal of color
swatch.
5. 4930 Rosewood Lane – request to remove two (2) oak trees. This
application was approved.
6. 4938 Rosewood Lane – this resident requested a change to association
rules concerning storage units. This resident will be notified by the board that storage units are not allowed per governing documents. The resident also submitted concerns regarding Fairways’ solicitation for services he received. The board again stated that residents could choose to use whom they wish for services. The board will make sure they include this in their next newsletter.
7. 2752 Mariah Drive – Mr. Kenney received a letter requesting a formal
hearing concerning disapproval of their storage unit and the wrought iron fence. Mr. Kenney will send a letter inviting them to attend a board meeting on the third (3rd) Wednesday of the month to address the board with their concerns during that time.
8. 2810 Mariah Drive – Mr. Kenney spoke with the homeowner regarding the disapproved color of their garage door. The resident insists they have an ARC application showing approval of the color. Mr. Kenney suggests that until the resident provides an approved ARC application, Fairway Management will continue with violation procedures against this resident. The Board agreed.
5. Financial Report:
Cheryl McCrosson gave an update on the financials (attached);
a. Reserve Savings Account has a balance of $17,642.80.
b. Checking Account has a balance of $29,380.66.
Cheryl had a question regarding the negative difference between net incomes on one sheet vs. the net income on another sheet. Mr. Kenney explained that on the Balance Sheet the net loss of $4,278.96 is the net loss from the inception of the Homeowners Association. The Net Income Loss on the Profit & Loss Sheet is from February 2008. The Association will always show a loss, except for January and July because those are the only two months that revenue is collected. Although the Association does collect some miscellaneous income, i.e. late fees, interest, etc. they will never off set the expenses for the month.
Cheryl motioned to accept the financials as presented. Dave 2nd. All were in
favor and the financials were accepted.
Cheryl motioned to accept the financials. Rob 2nd. All were in favor and the financials were accepted.
6. Managers Report:
Jim Kenney presented to the Board 9 claim of lien’s against those homeowners who have failed to pay past due assessment, for President’s signature.
He also presented a list to the board of outstanding checks from their old property manager. One in particular, payable to Southern Greens in the amount of $590.00, needs to be resubmitted for signature and sent out. The Board agreed and paymentFairway Management had the following to report:
1. 2792 Mariah Drive – Owners have received numerous notices that they are in violation of the Rules & Regulations for having a commercial vehicle parked in their drive overnight. The matter was turned over to the Attorney’s who sent a demand letter for compliance, along with, an offer to go to mediation, which is to dispute the resolution outlined in the Declarations should they not agree with it. A response was received from the owner and is attached. Members have not seen the vehicle parked in the neighborhood recently, which the Board hopes may mean their compliance with our requests. Doug questioned if the attorney’s fees would be paid by the home owner. Mr. Kenney stated the fees will be held until his time to agree or disagree to mediation, at which time, should no mediation take place, an invoice for fees will be sent to the home owner.
2. Next he gave copies of a legal opinion of what steps to follow regarding self-help with regard to 4969 Rosewood Lane. Self-help was completed, which included pressure washing and yard maintenance, for which he was sent a bill. Should the owner fail to pay, the Board can vote on a special assessment and can, at that time, take the same legal actions as any non-payment of assessment would entail, i.e. placing a lien on their property.
3. Fairway Management did receive two (2) additional foreclosure notices for Live Oak; however, they also received resolution of one previous bank owned property.
4. Collection of assessments is going well; however, there are still some residents who have yet to pay. Late notices (will late fees added) have been sent. One resident sent a letter (attached) asking to waive the late fees, saying he sent his check, which has never cleared his bank. He did re-issue the check, however it did not include the late fee. Discussion of late fees led to a motion by Joan not to waive late fees with regards to assessments. 2nd by Cheryl. Motion carried.
5. Doug would like Mr. Fairway Management to set up a meeting with the owner and her son of 4882 Erin Lane to discuss her payment plan as the owner does not speak or understand English very well. will be made. Mr. Kenney informed the Board that Wachovia’s account could now be closed. A signer on the account will need to do this, withdrawing the balance of $2,788.10. Mr. Kenney suggested that the board apply 2007’s carryover towards deferred maintenance in reserves.
7. New Business:7. Unfinished Business:
Rob Ledbetter was not present, however it was discussed that no newsletter has been sent out yet. Dave volunteered his wife to help Rob.
The Board would like the landscaping to be attended to every week, even when they do not mow to help keep them weed free. Doug asked Fairway Management to obtain prices for pest control & fertilization. There was discussion of maybe forming a clean up committee to help defer costs.
Tract H irrigation pump has been repaired and is now in working order.
Cheryl has reduced the amount of files that she had stored at her home down to 3 boxes. She also has the holiday decorations. Doug will obtain new pricing and send to the Board via e-mail, at which time they can vote on the storage facility to use.
The proposed 2008 Budget was presented by Cheryl McCrossen, and discussion began with the reserves. The four (4) reserve accounts from 2007 will be frozen and one (1) general deferred maintenance reserve account will be created to draw from. Line items were discussed with the following outcome:
a. Lawn Service was significantly reduced, from $10,100.04
to $3,900.00. 2008 contract will be renewed in April.
b. Irrigation contract and irrigation repair will become one (1) line
item named Irrigation Repair totaling $1,650.00.
c. Track H maintenance will be $4,500.00, which would cover
3 cuts at $1,500.00 each, this which was the quote Mr. Kenney received from two (2) different contractors. Mr. Dixon and Mr. Kenney will be meeting with M&M Landscaping to work out specifics of the contract.
d. Electric service will stay at $919.92. YTD amount is currently at $450.00 due to the back pump not working. Pump repair on back berm will increase electrical costs next year.
e. Misc. office costs have been deleted.
f. Advertising costs will go to $180.00 to cover two (2) community
yard sales.
g. Deferred maintenance reserve amount will be $4,433.28.
h. Semi-annual dues will remain at $90.00 per Lot Owner.
i. Total budget for 2008 is $42,480.00. (See attached for complete
budget breakdown.)
Cheryl motioned to accept the budget with the above changes. Joan 2nd. All were
in favor. The budget for 2008 was approved.
Rob wanted to discuss installing a bench with a bulletin board and landscaping at the entrance of the development. Mr. Kenney informed the board that in order to alter or improve a common area, it would need to be on an agenda and voted on. The board also would like to have a plan drawn up to be presented at that time and that the property owner adjacent to that area be invited to that meeting. Rob will get some preliminary prices for this.
Rob next reminded the board that a storage unit needs to be obtained for past
years paperwork and decorations. Fairway Management will obtain prices for
this.
8. NewUnfinished Business:
1. Doug discussed the Board Meeting Procedures and time lines to have more organized meetings.
2. A community garage sale was to take place the sometime after Easter. Doug’s wife will get a date and will put the advertisement in the newspaper.
3. Doug needs to obtain the Document revisions soon so he can get them to the attorney. Doug asked the ARC Committee to also create a comprehensive set of guide lines for the Association to follow so that can also be submitted for Document revision.
4. Doug would like for the newsletter to be sent to homeowners by the 1st week of each quarter.
5. Doug invited the Board to take a look at the back berm to see what may be planted or done to enhance its appearance.
9. Individual Board of Directors Reports:
No reports by any members at this time.
Cheryl informed the board that they still need to secure a place for their Annual
Meeting in January.
The Christmas decorating contest will be held on December 18th. Fairway
Management will be judging this event. The winner will be presented with a
$100.00 check at the annual meeting.
10.9. Meeting adjourned at 7:3750 p.m.
Submitted by:
Jim Kenney, LCAM, Association Manager
Fair/Way Management of Brevard, Inc.