Coastal Estates Homeowners Association
APPROVED MINUTES Board of Directors Meeting, Monday May 1, 2017
Lakes Regional Library, 15290 Bass Road, Fort Myers FL 33919
Meeting Room A @ 6:00 PM
Call meeting to order: Rose called the meeting to order at 5:58 PM
Board members in attendance: President Rose Adamski, V. P. Tony Swaldi, Treasurer Dan Clifford, Secretary Nancy Perko, and Board Member Joe Detwiler
Lot Owners in attendance: Reba Fennessy and George Adamski
Approval of Minutes: Rose said the Proposed Minutes from the March 13, 2017 Board of Directors Budget Meeting was posted on the bulletin board and the website, so we will waive the reading. A motion was made by Dan seconded by Joe and approved by all to accept the March 13 minutes as proposed.
Old Business:
Drainage Committee Report: Storm Drainage Committee Chairman George Adamski reported the top soil would be delivered tomorrow to lot 69 and he & Joe Detwiler would spread it to fill in the ruts in the lawn made when excavating was done for the new drainage swale, and the owner of lot 69 would buy grass seed so that will resolve the problem of the uneven lawn and satisfy the owner.
Update on Enforcement of the Deed of Restrictions: Rose said the Association has a lawsuit against Owners M, the Defendants, (Case # 15-CC-004637) for violation of Section 9 (g) relating to constant debris/junk littering the entire lot, so as authorized by the Board at the 3-13-17 meeting, on 3-29-17, she provided the association’s attorney with a status report and photos as to the current non compliance by the Defendants and directed him to file for a Hearing for Final Judgment and request injunctive relief to force defendants to comply and request to recover all costs and reasonable attorney fees from the Defendants.
Owner &Tenant W: Rose said she received complaints by several residents that there are at least 2 if not four other people living in the home with the tenant and that Owner and Tenant W had been notified that per Sec. 1 (a) of the Deed of Restrictions, since we are a single family residence subdivision, an owner or tenant is prohibited from allowing other non family members to live in the home while the tenant lives in the home, so we need to send a Final Notice to Take Legal Action if Tenant W continues to let people share his home after the 30 days allowed to comply. A motion was made by Dan, seconded by Tony and approved by all to send Owner & Tenant W a Final Notice in relation to being in violation of Sec. 1 (a).
Owner & Tenant N: Rose reported Tenant N moved out at the end of Feb. and left an unsightly mess in March and April and the new tenants who moved in on April 1, also failed to clean up all of the mess, so Owner N was sent a Final Notice to Take Legal Action and a Compliance Agreement, which they have refused to sign and return. Rose said Owner N, claims they could not do the physical work due to health issues but they neglected to tell us until after receiving the violation notice, and has asked for an extension to comply, and per the DOR the owner is obligated to make arrangements to maintain the property. Rose added that these owners are repeat offenders and given they are deriving income from this property, the owner can afford to pay to have the work done or they could make the tenants do the work. A motion was made by Dan, seconded by Tony to grant an additional 30 days to clean up the property.
Rose reported at the 3-13-17 meeting the Board authorized enforcement of Sec. 9 (d) which requires all vehicles in our sub to be licensed and able to be driven, so after inspections in April and photos were taken, ten letters were sent for apparent non compliance and the residents were notified they have 30 days to make an appointment to have two board members conduct an inspection to confirm if the vehicle is licensed and able to be driven, and if they fail or refuse to arrange an inspection they will receive a violation notice.
Update on Foreclosure & Rent Demand Action: Rose said a Foreclosure Complaint on lot 85 was filed by U S Bank National Association in Dec 2016 (case # 36-2016-CA-004359), and the Association is also a named defendant as the home owner owes fees to us, and she had received a motion filed 4-25-17 to amend the complaint adding the tenant as one of the defendants. Rose added the filing claims the owner owes $95,000 which total may include interest, taxes, insurance and escrow advances, and the Bank is requesting a judgment foreclosing the mortgage, awarding the bank all amounts the court determines is due the bank and an order from the Clerk of the Court to sell the property to satisfy the amount due to the bank in whole or in part.
Owner U: Rose said Owner U is several years past due with association fees and has a tenant residing in the home, and per the Boards authorization at the 3-13-17 meeting, the Attorney was directed to take action against Owner U to recover past due fees owed the Association, so on 4-18-17 pursuant to F S Sec. 720.3085(8) the attorney sent a Rent Demand letter notifying the tenant (copy to owner) that they are obligated to send their rental payments to the Association until the owner’s debt is paid in full, at which time the tenant will be released from this demand, and if the tenant fails or refuses to comply with this Demand for Rent the Association may pursue any and all legal action available against the tenant including without limitation, an action seeking their eviction as permitted under Sec. 720.3085(8). Rose said the attorney also sent notice to Owner U advising that the tenant cannot be sued by the owner for failure to pay rent to the owner in compliance with the Association’s demand for rent.
Adopt and Revise the Associations Registration Form: Rose said this issue was discussed at theMarch 13, 2017 meeting and after research she proposed a new form which would quote Florida Statute Section 720.303 (4) (g) mandating that the Association maintain a current roster of all owners and their mailing addresses and parcel identification, so all owners are required to provide this information to the Association and notify us of any change of mailing address. Rose said the form would quote the Deed of Restrictions, Section 1 USE AND OCCUPANCY, mandating: “All lots in the property shall be used
for single family residence only…”, and subsection (d), which mandates all owners and their tenants must register with the Association at or before the time of occupancy, thus an owner is obligated to provide the Association with the names of all persons living in the home. Rose said the form would also quote FloridaStatute Sec. 62-1which defines single family residence: "Single family residence meansand includes a detached family dwelling designed or intended for occupancy by one person or one family." There was discussion on how many people are permitted to live in a home, which would depend on how many bedrooms, so the Board said it could contact the U. S. Department of Housing for the maximum number of occupancy in a manufactured home. After discussion, a motion was made by Dan, seconded by Joe and approved by all to adopt the revised form with the changes made at the May 1 meeting.
Any other Old Business: None was discussed.
New Business:
Enforcement of new written complaints: Rose reported a male resident, who has threatened to shoot our V.P. in 2016, did so again on 2-23 2017, and has continued to harass our VP by means of verbal abuse liberally laced with the F word, video recording the VP and flipping him off, as well as walking or driving past the VP’s home several times a day. Several residents witnessed the two incidents of public harassment and threats by this male resident on 4-25 towards the VP, and the VP filed a complaint with the Sheriff’s Dept, so the Board needs to send this resident a notice for violating Sec. 9 (a) for public offensive activity, and harassing and threatening an Officer of the Association. A motion was made by Dan, seconded by Joe and approved, with VP Tony abstaining, to send a violation notice to Owner B for the inappropriate conduct.
Rose said the Board received another written complaint requesting to enforce Section 9 (a) relating to offensive public disturbances by a tenant, so she emailed the Board the details explaining how this tenant stood in the road, with other residents watching, and angrily berating her, yelling and liberally using the “F” word after they had received a letter from the Association notifying them that we are a Deed
Restricted Community and per Sec. 9 (a) they and their guests are prohibited from engaging in public offensive yelling and swearing and playing loud music late at night. Rose said the disturbances have continued through Feb. & March and on 4-22-17 and she received another written complaint against this tenant, so the Board needs to authorize enforcement. A motion was made by Dan, seconded by Joe and approved by all to send Owner C, copy to the tenant, a first notice for violation of Sec. 9 (a).
Notice Received from Lee County for Zoning Change: Rose reported she received notice to adjacent property owners on 4-12-17 of a request for zoning change on approx. 9 acres of land on 10950 Old South Way, which is on the east side of Pine Ridge Road, south of the Plantation subdivision, near the nursery. The requested zoning change is from commercial (C-1) and Residential multi-Family (RM - 2) to Industrial Planned Development (IPD) to allow 2 optional developments: Option 1) 112,000 sq. ft. max. of warehouse with office and mini warehouse uses and a maximum 14,000 sq. ft. on an out parcel; Option 2) a maximum of 125,800 sq. ft. of warehouse with office and mini warehouse. Maximum height requested is 35 feet. After discussion and consensus that we would prefer it not be re zoned to industrial, that after the Association gets the 2nd notice with the Hearing date we would mail a notice to the association owners given the proximity to our sub so they may voice their approval or objection of the zoning change.
Any other new business: A resident asked for an update on the feral cat situation. Dan said we had two traps and one cat was trapped at an owner’s request, and when he placed the trap on vacant lot 20 on Bombay Lane, a cat was trapped but released before he got there, and later that trap was stolen. So Dan said he chained the last trap to the chain link fence on lot 20, but he knew the four cats that were trapped were released before he got there as the tuna fish was gone and the paper on the bottom of the trap was torn, and so far he has turned 3 cats over to Animal Services for possible adoption, and Dan added that if the residents do not feed them, they will seek shelter elsewhere. Dan also said he called the local Fire Marshall, who came again to inspect the dried tree branches piled on property line of the farm to the north of our sub and the Fire Dept. said they were not in violation so they could do nothing about it.
Motion to Adjourn: A motion was made by Dan, seconded by Tony and approved by all to adjourn the meeting at 6:46 PM.
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