Approved Minutes of the November 19, 2009 Condo #1 Board Meeting
Meeting was called to order by George Quinlin at 11:33am
Proof of Notice: George Quinlin posted the notice at the bath houses, the mailboxes, and in the Recreation Lobby on 11/17/09.
Roll Call: Present were Quinlin, Foss, Wilkinson, Miller, Hubers, Blanchard and Padovano (via phone)
Secretary Blanchard read the minutes of October 23, 2009 BOD Mtg. There were 2 changes.
- The motion to send the budget to the members was voted on unanimously.
- The meeting was adjourned at 3:35pm
Treasurer Blanchard read from the manager’s balance sheet as of October 9
A corrected balance sheet was issued to reflect the Oct rent was paid.
Nov rent will be paid to court registry pursuant to court order secured by mortgage (Jack Bryant) who will also pay the 3% court surcharge.
Blanchard reported $92,682.52 in current assets, $251,000 (rounded off) in reserves. For the year so far over budget in the following: Office Supply, Water, Sewer, Trash removal, propane, phone, cable, cleaning supply, lift station, contingency, propane, new pool ($4,000 since no line item), erosion hole repair ($3,700 since no line item).
Under Budget in Legal by $4,000
Overall Treasure Blanchard reports not in bad shape with overall being over budget by $211
There is a lot of money owed to us. 18 members in arrears totaling $26,000 plus $7,600 in attorney fees which the members reimburse us for when the make their back payment. Of the 18 four have been sent to the attorney. 1 member is 2 qtrs behind and it does not appear they were sent to the attorney due to the absence of an attorney fee as of the 10/31 report and they may have been since then. Lenny of Signature will check on this.
A question was raised by a member – are delinquent members restricted from renting property. It is believed this is a rule and Lenny of Signature stated if it is a rule they will make sure it is enforced.
Old Business:
Quinlin reported he has spoken with Bryant (mortgagee) on 3 occasions since August as to whether he would be interested in offering the same deal Lioce (landlord) did with cancelling the lease and granting permanent easement to the beach. Bryant remains preoccupied with the foreclosure action but would be willing to sit and talk. Quinlin will continue to pursue this with him.
Replat Committee Report:
Meetingwas held w/ surveyors who did the survey 13 yrs ago and our attorney. The atty thought they had a solution to amend the condo documents by means of a 60% membership vote. However in that mtg they discovered that 100% of the owners have expanded beyond what was initially granted to them. Originally the property that was“owned” by each owner was a concrete pad 16x20ft – over yrs everyone has expanded beyond that area – some have paved over entire lot including common element – which means everyone has encroached on common element – Our attorney is still doing research but feels we need 100% approval of membership for that encroachment beyond that 16x20ft area. He will try and come up with some other idea – the bigger problem will county approve new site plan. Our Attorney will give us written opinion on this matter.
Dave Kieser asked for the following item to be submitted as new business and would like it voted on at the next meeting. Keiser asked for Board approval to put back the RV padhe ripped up. Since he can’t get Board approval to build his homestead is going to run out since he is not living there. Discussion revealed his plans will respectthe setbacks of both surveys and WV setback rules. Blanchard brought up that it would be in violation per the above – Quinlin felt that that was the original intent but along the way some board waived those rules so he should be able to put back what was there. The rest of the board commented he should be able to put back what he took up – Quinlin said they are afraid they could get sued for anything they approve – Quinlin agreed to take it up with attorney and put on next mtg’s agenda.
Seawall Repair
Foss gave a report. Vinyl was decided against since probably could not get the vote necessary from the members to go with vinyl and found out that concrete was less expensive after all. Foss is in receipt of several concrete bids on 120ft that has a vertical collapse and must be repaired. The best bid was from Wilco at $439/ft. Discussion revealed owner of dock or decks over seawall will be responsible for removing whatever obstruction it creates at their own expense. Foss made a motion to accept bid from Wilco and get a contract from Wilco. Voted unanimous.
New Business
Conduct of Board mtg
Blanchard recommended this board consider a code of conduct that the Rec Board recently adopted. Blanchard discussed the list he found on internet for a way to make mtgs more orderly which Bob abbreviated and listed on the wall. Blanchard read the list and discussion pursued should we add to rules. A member asked if 14 day notice is needed. Per our Lenny at Signature the answer was not for board rules. Blanchard made a motion we should accept the rules and adhere to them. Miller 2nd. Unanimous.
Rules for parking of boats and trailers
It was asked if the Rec Brd considered allowing parking there. Several things need to be investigated.It is being pursued thru county if code will allow it – will fencing be required – in process of talking to insurance co who said our current rec center liability insurance does not cover if vehicles were broken into. Blanchard suggested a committee be formed. He also spoke to insurance co who will give us a quote. Quinlin recommended appointing a committee look into storage of boats across the street at the rec center. Appointed chair– could not hear who
Lenny from Signature brought up questions that have come up since the parking violations were sent out –In rules it states 1. “must be parked on concrete driveways” and 2. “must be parked on concrete pad”. Conversation pursued on what is the definition of driveway and of pad – is it pavers or a slab? Lenny from signature states clarifying the verbiage does not need a member vote since not changing the actual rule. Blanchard made motion the definition of driveway or concrete pad is a continuous paved or solid surface which would include concrete, pavers and brick with no grass between. This does not include stone. Foss 2nd. Unanimous.
Straley announced Rick Carrol Insurance rep is coming 11/30 to go over both condo and rec policy’s so we can move into 2010 with what we want.
DBPR Complaint
A response to the Complaint that payment of the gates was made from Seawall reserve. An investigation revealed a history of transfers into and out of seawall reserves. It was discovered the Seawall reserve had more money than is should due to transfers from Operating fund. The Board at that time tried to rectify this in 2007 by voting to transfer the overage back to operating fund. Which the management company at that time never did The records reflect same amount was used to pay for the Gates. The DBPR’s response to this complaint was we have 4 options.
- We can dispute findings at an administrative hearing
- Return the 37k from operating fund to the seawall reservefund thru an assessment
- Return the money to the reserve acct by putting the 37k as a line item on 210 budget
All 3 wouldincrease quarterly’s.
The 4th option thatwould cost the members nothing
- Have majority of owners voteretroactively to transfer the money back to the operating fund.
Conversation pursued how 4th option would cost us nothing. Foss made a motion for option #4. Quinlin 2nd. Unanimous.
Revise Annual Budget
Blanchard reported Taxes for Rec Ctr came in$10,000 less than last yr – The Rec Brd kept the 10k for this yr but next yr – 2010 budget will reflect the reduction. Blanchard made motion adjust the budget from previous budget the board recommended sending out to the members. By changing the item of rec center and club house to $118,000 and the item of Contingency 903.07 bringing the previously recommended quarterly payment from $756 down to $742. Unanimous.
Quinlin announced he received letter of resignation from Ed Blanchard as treasurer and secretary.Quinlin was reluctant to accept and ask Blanchard to reconsider. Put before Board. Quinlin put motion before board who was in favor of accepting Blanchard’s resignation. Discussion pursued how to help Ed with the workload. Motion made for Padovano to be new Secretary was voted unanimous.
Quinlin brought up item he forgot to put on agenda. Padovano suggested coming up with a year round calendar of scheduled board mtgs so that business does not come to hault in the summer months when most leave the park. Those who are not in the park for meetings during certain months can attend via phone. Padovano stated there is no reason for business to stop just because members are not physically in the park. Discussions were Quinlin felt not necessary since he calls mtg when there is business . Foss felt it was an inconvenience. Blanchard was not in favor either. Our Manager stated of the 30 communities he has managed over time the ones in this area : 25% have monthly mtgs – 50% have approx 8mtgs/yr and summers off, 25% do like us and call a mtg when necessary. When he managed communities up north all have one every month. Discussion got off track and became further discussion between members and board of time and day meetings are held so they may attend.
Lenny mentioned he will work with pres to send out notice for member meeting, verbiage and ballot out.
Motion to adjourn– unanimous
Meeting adjured at 1:47pm