ANNUAL MEETING MINUTES-MAY 17, 2012

TURKEY CREEK HOMEOWNERS ASSOCIATION

The annual meeting of the Turkey Creek Homeowners Association, Inc. was held on May 17, 2012, at the Peace Lutheran Church, 1801 Port Malabar Boulevard, Palm Bay, Florida, Meeting Room #10.

Turkey Creek Board membersHenry Morin, Marilyn Howard, Jean Lowe, Cathy Farina, Robin McIntosh, Mary Brandow, Ivan and Ivy Shim were all present.

President Morincalled the meeting to order at 7:10 pm. At that time, there were a total of 36households represented with attendees and by proxy; 31 were required for a quorum. With a quorum present, we could transact official business and voting.

PRESIDENT’S REPORT

Mr. Morin reported that the Board had been active in several areas since our last annual meeting, many of which were reported in our newsletters and on our neighborhood website.

Mr. Morin reported that nominations for new Board members would be welcomed later in the meeting andencouraged other homeowners to become Board members. He expressed thanks to the current Board members, many of whom are nominated and willing to continue serving in their current positions.

TREASURER’S REPORT

Ms. Brandow presentedthe Treasurer’s report, included at the end of these minutes.

VOTE TAKEN ON PROPOSED BUDGET: PASSED UNANIMOUSLY.

BEAUTIFICATION REPORT

Ms. Lowe summarized activities previously published in the past year’s newsletters. She and Robin McIntosh shared information about the proposed new Deed Restriction-No Soliciting sign with detachable signs of upcoming events. We also discussed that the graphics for the two large entrance signs will need to be replaced within the year. Long-time resident Mr. Jim Raczek shared that the current sign lettering was done with minimal cost, a sheet of plywood and a craft-skilled neighbor.

ACTION: Ms. Lowe/Mr. Morin will send resident Mr. Martin Levine a list of the ongoing maintenance work and proposed upgrades/repairs to the front entrance; Mr. Levine will obtain competitive bids on the work to be sure we are purchasing these services at the best price.

CRIMEWATCH

Mr. Shim reports we had two home burglaries, one each in June and December,and two unlocked car burglaries in Turkey Creek since our last annual meeting. Mr. Levine thanked Mr. Shim for the updates and crime deterrent suggestions Mr. Shim continue to publish in website articles.

Recently, there have been many car burglaries (not stolen cars) along Glenham Street; police advise Mr. Shim and Mr. Bob Gailey to tell neighbors to “watchout for one another,” and to report any suspicious activities observed.

Mr. Shim reports suspicious transactions happening on Glenham Street, mostly in the area where Sunswept Rd, Glenham and Temple meet; he and Mr. Gailey have been in contact with the PB police about observations. Also, a Glenham Street neighbor told the Shims about attempted theft of multiple bags of unpacked mulch from her front yard, after the culprit rang her doorbell to see if anyone was home. Delayed in answering the door, the homeowner caught the thief in the act of loading the goods into his trunk and he was stopped.

Mr. Shim and other board members remind all not to purchase goods/services from door-to-door solicitors. This encourages risky, suspicious activities and strangers in the neighborhood who may be casing homes for crimes.

WELCOME COMMITTEE

Ms. McIntosh reports that she has welcomed two new families to our neighborhood since our last annual meeting, with two more to be welcomed soon.

COLLECTIONS COMMITTEE

Mr. Morin summarized the creation and tasking of the Collections Committee at the 2011 annual meeting to address the unpaid dues problem.

The Collections Committee (Mr. Morin, Mr. Don Grainger, and Mr. Charlie Howard) identified the home/lot owners with the longest history of nonpayment and contacted each of them. Most involved financial difficulty, and five of the eight “chronic nonpayers” paid their past dues, or are paying according to an agreed upon installment plan, after speaking with the committee.As for the remaining three situations:

  • One involves an undeveloped lot. The committee learned that dues notices may not have been mailed to the correct address to reach the owner. A certified letter will be sent next and attempts to collect continue.
  • Efforts to collect from the two remaining unpaid neighborsare challenging and ongoing. These neighbors are standing on legal points pertaining to the board’s/association’s original assignment of execution rights by the developer and the current execution rights authority since the 2008 amendments of the covenants.

Mr. Morin summarized the history as he understands it from conversations with these two homeowners. One of them told Mr. Morinthat there was a great deal of confusion about what action the TCHOA board was authorized to take during a situation the board handled when he was past president. The problem then involved a TCHOA home, in foreclosure, vacant, and in disrepair, with a black pool and other dangerous conditions about which the board had to action. Ms. Kathy Baetz served on the board in more than one capacity, including secretary, for many years (late 1990s?), and will try to assist in locating historical records about the 1995 problem.

ACTION: Mr. Morin will contact Ms. Kathy Baetz for any help she may provide.

Mr. Morin and the Collections Committee/board will be working toward further legal clarification, perhaps with the attorneys/law offices consultedin 1995 and also with those consulted by the board in 2008 to update expiring covenants. The original covenants provided for changing them at the 30-year expiration date with a simple majority of “yeas,” which were obtained. The by-laws may be amended too, but a 75% vote is required to make changes. Mr. Morin explained that this procedural difference may be the crux of the confusion about whether or not the covenants are legally enforceable today. The by-laws have never been amended; review and amendment of the by-laws may be an ongoing issue.

Mr. Morin stated that the Collection Committee and board have a firm goal to resolve these unpaid debts.

Next, a discussion ensued about the possibility and value of outsourcing the enforcement of covenants to relieve the board of its responsibilities and awkward confrontations between neighbors. Mr. Morin recently talked with BrookHollow resident Don Dalton; Mr. Dalton’s wife, Penny, had served as BrookHollow HomeOwners Association President and had to enforce covenants with a good friend and neighbor who had a violation. They are no longer friends. BrookHollow’s board is conducting a six month experiment using a management firm at cost of $500 per month, $6K annually, which is equal to TCHOA’s entire annual budget.

Mr. Morin will have future conversations about this with Mr. Dalton, but this option is apparently practical for TCHOA under its current dues structure.

ACTION: Ms. Baetz has names of some management companies that she may provide to the board for consideration and research.

SETTING OF THE ANNUAL DUES

MOTION MADE: Keep dues at current level of $45.

VOTE TAKEN: UNANIMOUSLY PASSED.

GENERAL DISCUSSION/OTHER CONCERNS

  • TROUTMAN BLVD REROUTING PROJECT: Mr. Kevin Dhennin, attending with the proxy of homeowner Ms. Heidi Taylor but himself not a TCHOA homeowner, shared a letter that Ms. Taylor received from the City of Palm Bay regarding the rerouting of Troutman Blvd. (Many neighbors reported receiving the same notice.) Brief discussion followed; the board was aware of this project last year (June), researched, and is staying informed, but it doesn’t appear that there will be problems or direct impact requiring action.
  • CURENT VIOLATIONS/YARD/HOME CONDITIONS OUT OF COVENANT COMPLIANCE: Bruce Baetz reopened the discussion about concerns with aesthetic issues at the Pappadametriou property (1035 Mandarin); Mr. Baetz had e-mailed the board about his concern in recent weeks.

ACTION: Mr. Baetz will attend the next regular board meeting to discuss neighborly strategies for addressing the possible violations.

NOMINATION AND ELECTION OF BOARD OF DIRECTORS

PRESIDENT: HENRY MORIN (incumbent)

VICE PRESIDENT: MARILYN HOWARD (formerly Architecture Chair)

SECRETARY: CATHY FARINA (incumbent)

TREASURER: MARY BRANDOW (incumbent)

WELCOME: ROBIN MCINTOSH (incumbent)

CRIME WATCH: IVAN & IVY SHIM (incumbent)

MEMBER AT LARGE: GLEN WEIMAR

Charlie Howard made a motion to accept the slate by acclamation. Motion was overruled, since our by-laws specify that a vote must be taken by ballot.

Ballots were collected and the slate of incumbents and one new, previously served, board member were elected by a landslide vote.

The next Board meeting will be on June 12, 2012 at Cathy Farina’s home at 7:00 p.m. As always, any interested homeowner is invited to attend. Since Board meetings now take place at one of the Board Members’ houses, please contact a Board member if you wish to attend a meeting to find out where and when it will be.

RAFFLE FOR FREE DUES FOR 2012

Names of all households with one or more members present at the meeting were collected for our drawing. Mr. PJ Redding was the winner!

The informational meeting ended at about 8:50 p.m.

Respectfully submitted,

Cathy Farina, Secretary

TREASURERS REPORT 2012 ANNUAL MEETING

11-'12 Budget / Actual / Difference / Proposed (FY 12-13)
Income / Income from Dues / 6840 / $7,995.00 / 1155.00 / 6795
Expenses / Front Entrance Maintenance / 3500 / 3320.21 / 179.79 / 3500
Social Activities / 700 / 755.54 / -55.54 / 700
Newsletter / 0 / 43.22 / -43.22 / 50
Professional Fees / 400 / 444.00 / -44.00 / 400
Office Supplies / 250 / 509.25 / -259.25 / 500
Insurance / 1300 / 1062.00 / 238.00 / 1300
Total Expenses: / 6150 / 6134.22 / 15.78 / 6450
Account Balance
Regular Operating Account
Beginning Operating Balance: / $14,762.71
Income from Dues: / $7,995.00
Expenses: / $6,134.22
Ending Balance: / $16,623.49