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HAMMOCK BEACH ESTATES HOME OWNER’S ASSOCIATION, INC.
P.O. Box 350668
Palm Coast, FL 32135
Thursday, March 8, 2007, Beginning at 3:00PM
Hammock Community Center, Malacompra Road
The Board meeting commenced at 3:00PM. The following board members were present: President, Paul Zacharias , Vice President: Debbie Clark, Secretary: Peggy Steele, Treasurer: Fred Black and Operations Coordinator, Joe Bowen.
The following members, all invited by an e mail message, by notice enclosed with the minutes and by posting of a notice on the community bulletin board, were present: Harold Clarke, John Bonner, Dennis Clark, Frank Carelli, Dave and Marie Miller, Sharon Pavlos, Bob Rohr, Bob Hamby, Bill and Bonnie Martindale, Charles Vreeland and Alicia and Larry Anderson.
Before calling the meeting to order, Paul called upon those present to voice any concerns or to have any item placed on the agenda.
*Paul read the following letter received from Jim Morelewicz: .
Neighbors and Board Members:
I regret that I cannot make this statement in person, but I am away on business. I am asking the President to make it for because of the ongoing impact this issue has on the HBEHOA finances.
Presently, the C&R's are generally the same for all property owners, but there are exceptions for those on Ocean Dune Circle. There is a separate Association for the Lot owners on Ocean Dune Circle that covers issues unique to them.
One of the special C&R restrictions involving Ocean Dune Circle only, has recently resulted in a law suit in which the HBEHOA was named as a defendant. It is my understanding that the HBEHOA is paying for the defense in that action. This has a direct bearing on all of the Lot owners, not just those on Ocean Dune Circle.
Since there is a separate HOA for the lots on Ocean Dune Circle, I am strongly recommending that the HBEHOA Board immediately vote to place the responsibility for enforcing the C&R's for the Lots on Ocean Dune Circle with the Ocean Dune Circle HOA. The other Lots in the HBEHOA should continue to fall under the auspices of the HBEHOA Board.
The reason for this proposal is the concern I have as a Lot owner outside of the gates, having to pay for disputes that arise inside the gates. If the court in the present legal action strictly interprets the present C&Rs that relate to the "40 foot rule", other Lot owners on Ocean Dune Circle may be considered in violation. This presents the potential for additional law suits, which will further deplete the reserves of the HBEHOA for issues unrelated to many of its members.
Since these are issues unique to the Ocean Dune Circle Association members, they should be governed by that Association. The rest of the members of HBEHOA should not have to bear the financial burden related Ocean Dune Circle issues.
Respectfully submitted to the HBEHOA Board,
Jim Morelewicz, Lot 31
Paul said that the relationship between the two associations will be discussed under Item 3 on the agenda, and that said that this would be an issue for consideration for Fred in the C&R review.
* Bob Rohr voiced the following concerns:
1. There is a need for more involvement of Homeowners and therefore there should be more member meetings.
2. There was a motion made at the annual meeting that the Board be limited to an amount of $2500 which was ruled out of order by Robert Thomason. Bob feels that this ruling was illegal. The next general meeting is almost a year away before the motion will be brought up again. Bob asked for a vote on the proposed restriction.
3. The Board should follow up on the information given on "Betterment" (RE: tiki huts) as published in the Daytona News Journal and feels that the "developer" should be responsible for any betterment on the common grounds at the pool site (Some
Homeowners were told by the developer that a clubhouse was planned for the pool
area). In the article in the paper, it was stated that there is a time limit for holding
The developer accountable and this time limit is running out. Bob is asking why this
has not been discussed by the Board.
4. Bob asked Paul and Fred who the attorney is representing HBEHOA. He said that he is not asking for information. There is only $1000 in the budget for legal fees and wants to know where the rest of the money is coming from to pay for this "foolish" lawsuit . He said that money is already involved because of a "secret" meeting held with our attorney and he does not want to pay for this legal advice. He has to know
what the potential impact this will have on the Homeowners Association if the Joyce’s prevail because he is a real estate broker. Presently there is 20% of the properties in Hammock Beach Estates for sale. Real estate brokers and agents are required by law to disclose what is going on in Hammock Beach Estates. He feels that the Boards secrecy about the lawsuit is totally irresponsible. Paul said he will address these concerns.
* Larry Anderson said that in the January meeting he responded to comments made by members who felt that he was rude with all of his comments and interruptions about Parliamentary procedure during the annual meeting in December 2006. He said that it had nothing to do with rudeness--it was concerning the C&Rs. He has researched lawsuits concerning homeowners associations and found that there are hundreds of lawsuits in respect to boards not fulfilling their duty to protect the homeowners. The Board should follow the C&Rs as they exist, not to try to decide what the "intent" is. He said that at the January meeting he stated that if the C&Rs were not followed the Association would be placed at financial risk. He feels that this lawsuit is because the Board of Directors did not do their job. Larry said that his research found that this state (FL) is topped with lawsuits because of "Homeowners wars". One of the jobs of the Board is to protect the Homeowners. A lawsuit such as the current one between neighbors on Ocean Dune Circle can hurt the value of all homeowners. When a home is sold, the buyer is buying into a homeowners association and any lawsuit will certainly hinder the sale. Larry said that arrogance and irresponsibility of the Board causes these lawsuits. He said that the BOD is trying to decide the intent of the C&Rs and bylaws and he feels that C&Rs should be followed as they are written. Larry said that he belongs to a homeowners association watchdog group (which, when Paul asked, he would not name) but said he would provide the name to anyone who was interested. Larry ended by saying he hoped that this is the last law suit because it will be downright expensive on a legal standpoint.
*Dennis Clark said that he takes exception to someone who can stand up and take more than 15 minutes to do a monolog and also to someone who can make insinuations and allegations without knowing all the facts. He does respect someone who can stand up and disagree but feels Larry made derogatory allegations against the Board. Dennis said that he trusts the people who are serving on the Board. He said that if Larry were serving on the board he probably would have done the same things that this board has done, knowing all the facts . He suggested that judgment should be held until all the facts are known.
*Joe Bowen asked Paul if he received the letter from L. Ciasulli. Paul said he had and it will be addressed when we discuss the C&R status which is on the agenda.
*Harold Clarke asked Paul if he was going to comment on the concerns from members.
Paul said that there have been a lot of points made and he will try to avoid giving a defensive response to all the statements that have been made. First, in agenda item 3, he will do his best to inform members where the litigation stands and why it has been necessary to not disclose any information about the lawsuit. He said that Fred has prepared a new format for the Treasurers report that should make it easier to see the impact of the legal expenses. Regarding Bob’s motion at the annual meeting, Paul said that he stands by his decision to rule it out of order. He said the Board addressed the substance of the motion at the January 11 meeting at which Fred volunteered to lead a committee to develop a by-law amendment that would establish some limits on betterment expenditures without a member vote. The status of this effort is on the agenda. With respect to more membership meetings, Paul noted that we are just over 2 months into the new year and that any meeting with the membership costs the association $50 for the room rental plus printing and mailing costs bringing the cost to about $100 per meeting. Paul said that membership meetings would be called when there was a reason, such as when the bylaw issue comes up and when the proposed C&Rs have been written.
Fred said that he feels Larry’s frustration. Larry said "No, you don’t" Fred said that he was not on the board previously but people make mistakes, we learn by mistakes, but lets move on. Larry asked Fred if he was now not going to try to revise the C&Rs Paul said that the board is responsible for interpreting and enforcing the C&Rs. Frank said that the word interpret is not in the bylaws. Paul disagreed and said he will check.
{Upon review it is the combined language of the C&Rs and the by-laws that gives the Board the authority to interpret the C&Rs on behalf of the association. Article 5 of the C&Rs states: The purposes of the Association are to promote the health, safety and welfare of the members and to implement, administer, enforce and interpret the provisions of the Declaration. In furtherance thereof, the Association has the following powers: ….C. To implement, administer, enforce and interpret the provision of this Declaration, the Articles of Incorporation and the By-Laws. Section 5.1 of the by-laws states: All of the powers and duties of the Association shall be exercised by the Board of Directors, including those existing under common law and the statutes, the Articles of Incorporation of the association, these By-Laws and the Declaration of Covenant Restrictions and Easements. }
Debbie Clark said that Larry is presenting his concerns as if we on the Board were a separate entity. We are all homeowners and are all concerned. Some of us are more concerned about the community than others. Don’t act as if we (the board) have nothing at stake, we all do. Larry said that something has to be done about the mistakes, not just sit there and do nothing. Larry said that this board caused the lawsuit. No one in the audience gave approval for the deck being built on the Weiss property, the Board members gave their approval, therefore they are responsible. Debbie suggested that we end this discussion and move on to the meeting. Bob Rohr asserted that this is the only place the homeowners have the opportunity to talk. At that point, Harold Clarke asked how (former Board member) Karen Joyce voted on the deck in question. Paul explained again how the procedures work for approving projects. After the ARAC recommended approval, all of the Board members including Karen were informed by email that they could review the plan that the ARAC had approved and unless they raised an objection or question by the specified time, Paul would issue an approval letter for the Board. Paul said that Karen voted yes by not objecting or questioning the recommended approval. Fred asked if (former Board member) Sara Clarke got the e mail. The answer being "yes." Fred said that then she also voted Fred said that all 5 members of the Board had the opportunity to see the plans, so they could have said "no", but no one did.
With no more discussion, Paul called the meeting to order.
1. Discussion and adoption of agenda: Paul added to the agenda that a correction has been made to the minutes from the special meeting held on Jan. 25, 2007 and must be approved along with the approval of the minutes from the meeting held on Jan. 11, 2007.
When Item 12 is addressed, Paul will discuss some items concerning the neighborhood watch.
Joe said that standardization of conditions of buildings and lawns should be discussed as he has been questioned about some problems that exist in the neighborhood. Paul said that this will be addressed in Item 8 or 9 on the agenda.
Paul said that Lou Ciasulli’s letter about violations will also be discussed under item 9.
With no other items to be placed on the agenda, the agenda was adopted.
2. Approval of minutes: Paul asked if there were any changes or additions to the minutes from the January 11, 2007 meeting. There being none, the minutes were adopted Paul asked if the correction had been made to the minutes of January 25, 2007, that had requested by Karen Joyce. Peggy said the change had been made. The minutes were approved and adopted.
Paul explained the purpose of the special "closed" meeting that was held on Feb. 12, 2007. After notification was received that the Joyce’s were going to file suit against the Weiss’ and also the association, Paul contacted our insurance agent, Hayward Brown, who then connected us to a representative of Autoowners Insurance who issued our policy. The representative advised us that he would submit our request to the home office for a coverage decision but in the meantime we should contact our own attorney to seek advice as to how to proceed. Paul contacted Taylor & Carls, whom the Board has employed in the past. A meeting with Robyn Braun ( from Taylor and Carls) was set up. Because the Board is being sued by a member of the association, she advised us that in accordance with Florida Law, we should give notice of the meeting but note that it would be closed. She said that the meeting was covered under attorney-client privilege because the Board would be receiving legal advice on strategy. An open meeting would allow the members who are suing to attend. Paul said that the meeting was recorded and the minutes from that meeting will eventually be made available to all members. At this time they will remain closed as litigation is pending.
Paul said that he was just recently informed that Autoowners will cover the Board under our directors’ liability policy and hire and pay for an attorney to represent us. The attorney is Timothy Traster whose office is located on Beach St. in Daytona Beach. He will be working for and being paid by the insurance company. Any legal costs now will be paid by the insurance policy. Paul contacted Robyn Braun to terminate her services and to date we have not received her firm’s invoice for services. She told Paul that the cost would be no higher than $2400 and might be lower after the billing review is completed. We have 2 options in recovering these costs for legal services: seeking recovery from the insurance company or seeking recovery if we prevail in the legal action against us. In summary, our legal expense for this lawsuit will be $2400 or less. However, we may be forced to pay higher insurance premiums because of this lawsuit.
3. Status of litigation: Paul said that the original complaint has been posted on the bulletin board and also on the HBE website. There is no specific claim against HBE at this time for damages but that could come later. The Joyce’s are seeking to have work stopped on Weiss’s pool deck until the matter has been resolved. Paul distributed the counter-motion that was filed by the Weisses. The hearing will be held March 12, 2:30PM at the Flagler Court House. The motion says that the motion presented by the Joyce’s is not legal because there was no bond, therefore their motion is without basis. Association members may attend the hearing. The notice will be posted at the pool. Paul said we are temporarily without the ability to post notices on our website mail because Joe Sermarini who maintains the website is out of the country.
Paul asked Bob Rohr if this information addressed his questions and after clarifying names and addresses, he said it had. Larry Anderson asked if the insurance policy was 1 million per incident or total. Paul said he didn’t know but would check on it. {Upon review, the policy has a $1,000,000 per occurrence limit and a $1,000,000 aggregate limit.) Bob Rohr asked if the policy covered the board of directors or does it cover the Association. Paul said that it covers members of the Board as they are making decisions for the Association. It is protection for the activities of the Board.
Paul said that we have options for the future relationship of HBEHOA to Armand Beach East HOA (ABEHOA). ABEHOA is a sub association of our association for the residents on Ocean Dune Circle primarily to administer Ocean Dune Circle as a private road and to maintain the gate. Residents of Ocean Dune Circle are subject to the HBEHOA C&Rs, however, as noted in Jim Morelewicz’s letter, they have some unique issues such as .the 40’width limitation and the private road that do not affect the rest of our association. One option would be that any architectural review requests from Ocean Dune Circle lot owners be first submitted to and approved by ABEHOA before we would give approval. Fred said that the ABEHOA would have to have some liability for their role and decisions in this process. Paul agreed that this is not a simple process and ABEHOA would have to accept that responsibility. Complicating the issue right now is that two of the three ABEHOA Board members are the ones currently involved in the legal action. (The third member is Gary Fairley.). We have to wait to see what happens in this litigation before moving forward.
4. Treasurer’s report: Fred handed out a budget report (attached) and explained the revised chart saying that hopefully it would make it easier for members to understand where the money goes. To date, we have received dues from all but 10 lot owners and a second follow-up letter with delivery confirmation may be considered. Paul noted that the $40 in other revenue was a postage refund from the Post Office for non delivery of ballots last December. Fred said that the C&Rs call for 4 budget areas:
1. Operating expense account
2. Deferred maintenance account
3. Replacement account
4. Betterment account.
To date a total of $2769 has been spent
Larry asked what the $454 betterment expenditure was used for. Joe said it was to pay for the survey that was completed on the pool property.
Paul said we now have the unexpected legal expense which is $1400 more than budgeted. Paul asked if we want to reduce a betterment item or reduce another reserve item in our projected carry forward balance at the end of 2007. Fred said that the C&Rs say that if the operating expenses come in under what is budgeted, the savings shall be used to reduce the dues so we should not touch the operating expense account. Fred says the money should be taken out of betterment account. The board decided to hold on any decision until we receive the final legal fee bill and the lawsuit has been settled to see if costs can be recovered. Paul thanked Fred for filing IRS tax form. We have to file our Corporate registration and Paul asked Debbie and Fred to sign the form so that it can be sent in.
Status of canal drainage and lots 70 and 71: Paul said that he received a notice that the Flagler County Board of Commissioners will be holding a hearing on March 19 at 5:30PM to hear arguments from the owner of Lot 71 to release the lot from the conservation easement to allow development on this parcel. In Jan there was a hearing on lot 70 and the issue was tabled. Paul asked Frank if anything happened at the subsequent workshop meeting that was held and Frank said the meeting was deferred. At the Hammock Community Conservation Corporation (HCCC) meeting a few days ago the status of the North-South canal issue was again brought up, which is of interest to Hammock Beach Estates property owners. The HCCC voted to send a letter to the Flagler County Commission requesting that not decide in favor of releasing the parcel from the conservation easement until it has been determined that the canals are functioning correctly. The argument against releasing lots 70 and 71 from the easement is the impact of flood waters onto properties within Hammock Beach Estates area. Paul encouraged Harold Clark and Frank Carelli to attend the County Commissioner meeting if possible as they have been keeping track of water flow in the canal. Frank said an attorney that he spoke with has asserted that the reason the water wasn’t flowing in the canal is because the Association has failed to maintain the canal. The attorney thought that the association may have to have a big assessment to clean it up. Frank said that the water from the land south of us is supposed to flow into the inland waterway but it is flowing into our canal . Harold said he checks the water continuously and that the water is not flowing. Paul said that the piece of the canal beside Olivets property is not in our subdivision and it is pretty well plugged up. The part that we are responsible for lies south of Armand Beach Drive to Solee Road. Paul says he feels the County has responsibility for the entire canal.
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10. Pool area Beautification project: Debbie Clarke, chairperson for the Beautification Committee presented the plans for the betterment project. She said that she volunteered to be on this committee before she was elected to the board. She handed out pictures and information about the selections that were decided upon by her committee (Marlene Zacharias and Steve Steele) (The proposal and supporting information is attached.) She then provided additional details on the research performed and rationale for the proposal:
The original concept was to have 4 - 12 X 15 concrete pads but because a permit was required they decided upon pavers, which do not need a building permit. There is to be a 4 foot pathway connecting the pads. The cost for the 12 X l5 foot pads was $8400. By scaling down to 10 X 10 foot pads and using 3 pads instead of 4, the cost came to $6300. That is a savings of $2100 which could be used for furniture. That cost of $6300 for pads using pavers includes excavation and installation.
Many options were looked at for seating. Debbie said that all the furniture that was researched was of commercial grade because of the weather conditions being in salt air.
o Concrete had been mentioned but the committee felt that the concrete benches would be very uncomfortable and the table tops would easily stain. Research was done looking into polished concrete, but it is expensive and, being very heavy, shipping would have been very costly and a forklift would be necessary to get it off the truck and onto the pads.
o Fiberglass was very expensive but is low maintenance The cost was about $1180 per unit.
o Aluminum tables were very light (about 138 lbs) and the cost was about $1117 per unit ) and the committee members felt that it would not be suitable for this area.
o Recycled plastic is low maintenance but were powder-coated and seats with backs were not available. The cost was between $600 and $800 per unit.
o Polyethaline was about $770 per unit and is also durable.
o Polywood with backs on the seats cost about $1827 per unit -on sale.
o Pine ran from $849 to $1249 for red cedar and would need a lot of maintenance. Debbie said that the tables would seat anywhere from 4 to 8 people.
The tables with connected chairs with backs were decided on--they are of commercial grade and have a guarantee for 5 years. The existing picnic tables will still be used for larger crowds. Debbie said that the dimensions are about 6 l/2 feet for the tables with connected chairs, so using 10 X 10 pads, there will be about 2 feet left on the pavers to walk behind the chairs. The furniture is PVC coated and the design will allow water to drain and allow air and sunlight to flow through. An umbrella can be used for shade and it will not require a stand as the design of the table includes the stand. The cost for these tables with connected chairs ran about $2400 delivered for all three pieces. The cost for each tilt umbrella using Suncrylic fabric is about $175 per unit. The umbrellas have a 1 year guarantee. By upgrading the fabric to Sunbrella fabric and the guarantee is for 3 years. These prices can be negotiated with another vendor. Storage for umbrellas would be necessary. Paul said that the umbrellas would not have to be taken down unless there is an approaching hurricane. They would be put down but left in the table otherwise. Larry said that these tables being only 200 lbs and would surely be blown in a hard wind. There is an anchoring system for the units that can be used with pavers. Paul explained the security for anchoring the tables during a storm. The total cost for the anchoring system is about $130 delivered. The frames for the tables are made from expanded metal and coated with #9 PVC. The cost including delivery for three units, anchors and umbrella would be about $3060.
The total for pavers installed and three table units with umbrellas and anchors comes to an amount of $9362. That will leave about $1800 available to proceed with some landscaping which would be the next phase. Harold asked about the concrete tables. Debbie said that after talking with people who had concrete tables and benches that they were found to be very uncomfortable. The committee felt that people would not use the area if the seating was uncomfortable.
Bob Rohr commended Debbie and her committee on outstanding research that has been done but also wanted to know when the homeowners would be able to have some input for the project. Paul said that at the last meeting it was stated that when the research was complete it would be shared with the membership and that a membership meeting would be called if some members (number as yet undetermined) (no precedent in our C&Rs or by-laws) had issues with the plan, otherwise the project would move forward. The funding has already been approved for the betterment project. The question now is what the project will be. Paul said that this project has been around for too many years and we must move forward. We have asked for volunteers to join this committee and no one stepped forward. Those members who want a meeting should come forward with an alternative proposal. We can then look into the committee proposal and the proposal that members have proposed and put the project into motion and move forward.
Frank asked when we asked for volunteers, he cannot remember when. Paul said it was in the minutes last year and was brought up at the last meeting. The only person at that meeting who volunteered to help with the design with the project was Hana Vrany. Paul said that when we get to the point of landscaping, maybe some of you will volunteer. This plan has been out for viewing since August of last year. It has not changed, only content (concrete pads to pavers and tiki huts to umbrella covered tables). The board is trying to be responsive to what members would choose and still stay within the budget. We have tried to accomplish this project with no increase in dues.
Harold does not think metal tables are appropriate as they will rust in salt air. Paul said that if they rust within 5 years, we have the guarantee and they will be replaced. The vendor says that this furniture is supposed to last. Debbie said that this type of outdoor furniture is used a lot in outdoor restaurants. She got 4 quotes from different vendors and said that this furniture is very popular and all distributors carry it.
The Board members then discussed the proposal. Joe said that two years ago a majority of members (36-35) voted for a pavilion, but because the vote was so close, the board decided not to proceed with this type of structure. Joe feels that separate seating will divide the community, whereas a larger pavilion would bring people together. Joe feels that this plan is not practical and wonders if is being considered because it looks nice. He said that the individual table seating will not accommodate more than 4 or 6 people whereas a larger picnic type table will. He said that the plan is pleasing to the eye and the property as it is now looks terrible. Paul asked Joe if he had any proposals as to how this plan could be modified. Joe said that we should use a larger pad with 3 tables to accommodate more people. Joe would prefer to work on the project in stages and do it properly. Joe would prefer 1 or 2 large pads rather than 3 small ones. Debbie said that she feels that it is nice to have a large communal area when we have a wine & cheese party or something like that, but the committee felt that smaller seating would be used more by people using the pool, to get out of the sun as there is no shade in the pool area. She said that the smaller tables would be utilized more on a daily basis rather that an occasional basis. Debbie said that if the area was attractive and comfortable it would be used more that once or twice a year. Fred asked Debbie how expensive picnic tables would be. Joe said that there is a place on US 1 who custom makes picnic tables but he does not know how much they would cost. Fred said that if 15 X 15 foot pads were used, a couple of picnic tables could be placed on the pads. Fred asked if the pavers would be put over concrete. Joe said no, thick pavers would be used. Joe said that if tables were to be anchored down, the anchors would be placed before the pavers are set and the holes can be drilled for anchoring. . Paul asked Peggy how she felt with about the plan. She felt that 10 X 10 pads should be used if the tables with attached seats were going to be used. Joe said that if the project is done, please do it so everyone will enjoy it. Paul said that sometimes people build something too large because they think it will be used a lot (like building a large house because the children will be there a lot) and after a few years they find out that the house is not being used as often as they thought and wished they had built a smaller more intimate structure. Paul said that the thought process for everyday use is that as people walk around the area every day, they would have a place to stop and have a conversation with others if there was a smaller, more comfortable place out of the sun. He feels that the paths that will connect the pads will give the feeling of a connection. He would consider larger pads and asked if there would be a compromise with going 12 X 12 instead of 10 X 10.
The membership was then asked for comments.
Frank said that every day he walks and sits at the concrete tables with umbrellas by the gas station and he feels that the umbrellas do not give him shade at different times of day, even though they tilt. He feels that a pavilion type structure would be best as if it is rainy the roof will cover people. This comment sparked some reaction. So, now we are back to a pavilion after more than two years of debating! Joe noted that a building permit is needed to erect a pavilion, but we are now in a position where it could be obtained as the survey has been done and HBEHOA has a clear title to the land. However we would have to have an engineers or architects stamp on any plan submitted to obtain the permit and that could be expensive. A licensed professional builder has to construct the building. Paul said that we are again talking in the amount of $25000 t $30000, which the board thought was too much to spend with such a close vote in support of a pavilion. Debbie noted that she needed to get an engineers stamp to erect an 8 X 10 shade structure in her back yard and she was quoted $500 to have the plan stamped.
Larry said that maybe a 12 X 12 pad would be adequate as people move around anyway during any event.
Bill Martindale said that the area he came from decided to erect a pavilion because it was the best structure to have when hard storms came through. Fred asked if it was maintenance free. Bill responded saying it took a little maintenance every now and then. The attached benches on picnic tables are hard to get into.
Peggy asked if anyone had looked at the pavilion being built by the county at the end of Malacompra Road where the beach access and rest rooms are. She explained the structure as not being made of wood, but probably a fiberglass or plastic type of material, anchored with steel rods that were put in before the concrete was finished. The pavilion is not yet complete, but it might be worth looking at for those people who are now interested in a pavilion type of structure.
Bob Rohr feels that this discussion is becoming more of a compromise and feels that maybe 1 or 2 small hutches like those on the bike path would be sufficient. He said that now we have 2 picnic tables that are not being used.
Charles Vreeland asked about planting shade trees. Debbie said that trees that will grow in this salt air are usually live oak trees and they are very slow growers.
Alicia Anderson said that she feels that the builder/developer is still responsible to erect a clubhouse and he should be sued for breach of contract. Paul said that this issue has been investigated. In the C&Rs the developer gave himself the sole discretion to decide whether a clubhouse should be built Paul said that no clubhouse was mentioned to him when he bought his lot. During the early years of development, those people who were "promised" a clubhouse had the opportunity to go after him to keep that promise and nothing was done. In addition, the development company has been dissolved. Joe said that constructing a clubhouse/pavilion came up several years ago. At that time, the developer still owned more than 50% of the lots for sale. At that time he was going to put up half of the money to build a pavilion and access the homeowners for the rest of the cost. The homeowners said No to the pavilion. Joe said he can’t see us now ever getting him to build us a pavilion or clubhouse as the homeowners did not want to have an extra assessment,.which would have been about $75, and the developer would have had to come up with more than half the amount as he still owned more than 50% of the lots.
Dennis said that we should allow committees to do their job.
Paul suggested that we should go with the plan that was presented by the committee including the seating arrangement that the committee decided upon, but use 12 X 12 pads, which will cost an additional amount of $563. If any one wants to come up with an alternative proposal saying this is what we would like and keep the cost within the amount set aside for the project the board will gladly look at it. We have to make some decisions and move on .
Joe said that with money left after the first phase of the project is complete, he feels that no landscaping can be done as the sprinkler system needs work. Fred said that the repairs to the system would come out of deferred maintenance.
Frank said instead of using pavers, Marie Miller suggested to him using crushed rock. Paul said that anyone using a wheelchair would have a problem getting around on crushed rock and pavers would be an easier surface to use when going between the pool and restrooms and tables. Joe said that he would not want to walk on crushed rock going between the pool and restroom.
Paul made a motion setting a date of April 14 for any group of at least 15 members to submit an alternative proposal . If a proposal is presented, a membership meeting will be called to vote on the alternatives. Any proposal must include sufficient descriptive information and cost data to allow for a comparison to the current Board-approved proposal and to determine the impact on our dues assessment. If there is no proposal, the existing plan will move forward. Joe seconded the motion and the Board unanimously approved the motion.
(With no further discussion Paul said that we are at the end of our allotted time, but there is more business to conduct so the meeting proceeded.)
7. Architectural review: Paul said we have some issues and approvals. One approval was given to Fred for using pavers in his driveway. Approval was given to the paint color to be used on the new home at 4 Cottonwood Trail.
These 4 proposals are currently before the board:
1. Nelson, 3 Cottonwood Trail. Jim Morelewicz has reviewed house plans and has asked for more specifics on the pool but has not yet had a response.
2.Vranys want approval for pavers on their back patio and eventually on their driveway. Paul said that pavers are considered to be landscaping and feels that we should not even have to issue approval. The Board agreed. Fred also noted that if an existing driveway is being replaced, a county permit is not needed..
3. Sharon Pavlos was present at this meeting and is seeking approval for a pool and fence proposal. Sharon confirmed Paul’s understanding that at a minimum the proposed pool deck would have to be reduced in width to allow for the required 8-foot side setbacks. He asked Sharon about the fencing. She said that they plan to use the standard 4 foot high white fencing. Paul said that because the residence is on the east side of Ocean Dune Circle and subject to the 40’ width restriction, the Board cannot issue a decision until there is a resolution on the Joyce-Weiss/HBEHOA legal action. He asked her to submit the type of fencing they plan on using so the Board will have the necessary information once it is in a position to make a decision.
4. Dennis and Debbie Clark had two proposals. One is for a neutral color concrete surface recoating for their driveway. Fred asked why it won’t be submitted to the ARAC. Paul said that this is a common request and won’t change the driveway that’s already in place. Joe noted that it is really a maintenance item which seals any cracks. The driveway proposal was approved. The Clarks also want approval to put up a retractable canvas awning in back which is not a permanent structure. Paul will submit this to the ARAC for review..
Members must submit plans to the architectural review committee before beginning any exterior projects that involve changes in the physical structure or color/appearance of the residence. The Board will be updating its instructions for submitting requests but for now please submit any requests (including color samples and illustrations as appropriate) to Paul Zacharias (29 Cottonwood Trail) or Debbie Clark (27 Cottonwood Trail) and we will process them. As a separate matter, you should obtain any necessary building permits that Flagler County may require before commencing construction.
8. Status of C&R Review: Fred said that because of the court case pending, he did not meet with his committee to develop the proposed by-law change or to review the C&Rs . He said the current C&Rs are being contested in court. (See Attachment for C&R Review Status) Sara Clark, Larry Anderson and Frank Carelli volunteered to work on the by laws and Fred plans on holding a meeting soon. Fred feels that he can now work on the by-law change since members know that the lawsuit is being handled with the attorney who represents our insurance company. He will meet with his committee around the first of April, reviewing the bylaws first. Once the by laws have been reviewed work will start on the C&Rs.
9. Discussion of need to contact members regarding C&R compliance: Paul said he received a second letter from Lou Ciasulli regarding the house across the street from him. Lou is concerned about the rusting nails and landscaping and also a car that has been parked in the driveway and has outdated Illinois plates on it.
Paul asked if any other violations were issues of concern. Joe said he was approached by a homeowner who told him that a lawn next door to him was in bad shape. Joe did not see any thing wrong with the lawn but the homeowner said he was trying to sell his house and wanted everything to be in pristine shape . Joe said we have to have some standardization for C&R violations before notifying the homeowner. He feels that we should table violations until we have some guidelines to go by. He said that what he thought looked okay, the person he was talking to thought was in bad shape. Joe feels that we should work out some standards to go by before we notify homeowners about violations. Paul said the standards will be available when the C&Rs have been reviewed and revised.
Paul asked the board members about violations that they have seen. Joe does not want to comment on the house on Mahoe that has been reported as violating the C&Rs as he feels that it would be an invasion of property rights. Paul asked Peggy and she says that she can see where the rust is coming through the paint from nails and the lawn needs some work. Debbie made the same observation as Peggy, but said that perhaps if she lived across the street it might more of a problem to her. She did not see any other houses that needed attention. Fred said that he has seen other houses on Ocean Dune Circle where the garage doors are showing rust. Paul said that he saw them too and one also had rust from nails on the trim. We have all seen houses along the ocean that are in need of a coat of paint. Paul said the lawn at 42 Cottonwood Trail needs attention. Peggy said that Carl Haas, the owner died a short while ago. Paul said that hopefully we can work with the family to see how they plan to handle the property. Peggy noted that dues had been paid from someone in the family but that we have no address from any family member, only the address at 42 Cottonwood Trail. Paul said that we will try to find out who is in charge of the property and go from there to work out something to have the lawn fixed up.
Fred said he thought that a general letter to all homeowners to remind them about maintenance issues would be a good idea. Paul said he will do a cover letter to include with the minutes. Paul asked if this is the time to use the weed killer to put on dollar weed and Harold said it was, it needs to be done before hot weather.
Joe said that the issue regarding the unregistered car that has been in the driveway may be a county issue. Paul said that it would be a good idea to notify the owner that it might be a county problem and the owner may want to get it taken care of before the county intervenes. If there is no response before the next meeting steps will be taken.
10. Operations: Joe said that he is waiting to have the trees trimmed-that this is an observing time. Paul asked about the pool fence being repaired. He asked Joe what was needed and Joe said he would work on it next week. Paul said that Betty Kessinger had retrieved the pieces of the second missing bench at the south entrance to the beach. Paul thanked Harold, John Bonner and Sandy Kadar for helping him repair the first bench and said he might need their help again to fix the second. Paul said that Betty wanted to remind everyone to occasionally spray WD40 on the metal parts on the bench to keep them from rusting.
11. Status: Records management & website enhancement: Paul said that he has not made much progress on sorting through the records nor working on the website because of time spent related to the lawsuit. When Joe gets back, he will try to enhance the website
12. Other items added at the start of the meeting: Paul said that now with a police substation nearby, he has encouraged the sheriff to hold a meeting of neighborhood watch groups in the Hammock It was announced at the Hammock Conservation meeting that next month they will be talking about Certified Emergency Rescue Team (CERT) training. The training will be given with a grant from Homeland Security and will run for about 6 weekends for a couple of hours each time. This is intended to provide teams of trained volunteers to respond to disasters and emergency situations such as tornados or fires. Paul said he hoped people saw the article in the news paper about locks and how punchout keys can be used to open doors. Joe said that Rick Look, Deputy Chief of the Sheriff’s Department, is working with homeowners associations and should be contacting us about being invited to speak at one of our meetings. Joe said that he could answer a lot of questions that we might have regarding security in our neighborhood.
Paul said that Betty Hamby has expressed an interest in coordinating a "sunshine" committee. Betty’s concern that some residents may not have much in the way of support systems if they could use some help during a period of sickness or injury and she wanted to explore whether the association could help in this area. Paul said that residents could perhaps give the committee’s phone number to their out of town family members so that the family would have a point of contact in case they hadn’t been able to reach a resident. Paul said that we will discuss this and find out if there is interest within the association Debbie said she thought it was a good idea.
Paul asked if there were any other items that should be addressed. Bob Rohr said that Ron Vandervliet is again in the hospital.
Frank said that using pavers should require approval by the ARAC . Fred said that is what he asked but it should be noted that a county permit is not required.
Frank said that no approval is necessary to repair the roof if the shingles are the same color or to paint the house if the color is about the same. Paul said that these are things that need to be made clear. Bob Rohr said the precedent has already been set as far as pavers go.
Joe made the motion to adjourn. The motion was seconded and the meeting was adjourned at 6 PM
The next meeting is scheduled for May 3, 2007. The time will be announced.
Respectfully submitted,
Peggy Steele, Sec.
HBEHOA
Paul Zacharias, President
Debbie Clark, Vice President
Peggy Steele, Secretary
Fred Black, Treasurer
Joe Bowen, operations manager
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