|
|
HAMMOCK B EACH ESTATES HOMEOWNER’S ASSOCIATION P.O. BOX 350668 PALM COAST, FL. 32135 MINUTES OF BOARD OF DIRECTORS MEETING APRIL 15, 2010 1.
The meeting was
called to order at 4:02 p.m. The President asked for proof of notice of the
meeting. The Secretary advised that the meeting was announced by e-mail to all
e-mail recipients and posted at the bulletin board at the pool. The meeting is
also posted as a regular scheduled meeting on the WEB site. 2.
Members in
attendance; Board Members – President Bob Hamby, Vice President Sara Clarke,
Operations Peter Healey, Secretary Larry Amuso. Treasurer Steve Robinson
absent. Neighborhood residents in attendance were Frank Carelli, Charles and
Teena Weiss, Debbie Healey, Bob Rohr, Mike Joyce, Larry and Alicia Anderson, Lou
Ciasulli, Gary and Susan Fairley, Debbie and Dennis Clark, and Harold Clarke 3.
The President
asked for a motion that the agenda be adopted as presented. Sara Clarke so
moved and Peter Healey 2nd. Motion passed. 4.
The President
asked for a motion to waive the reading of the minutes of the last meeting.
Peter Healey so moved. Sara Clarke 2nd. Motion passed. 5.
In the absence of
the Treasurer the President distributed the treasurer’s report. Sara moved the
report be accepted as presented. Peter Healy 2nd. The motion passed.
6.
Operations
report: The following tasks were completed after the regular scheduled meeting
of Jan. 14, 2010. A.
The A1A sign was
installed on the corner of Mahoe and Armand Beach Dr. at a cost of $38.10 by
Harold Clarke and Peter Healey. B.
The beach
walkover was sprayed with round-up twice. C.
A 1” steel cable
hazard was removed on Armand Beach Drive. D. The pool restroom was remodeled, i.e., new tiles,
sinks, faucets, light fixture and cabinets. Cost approximately $250.00 Project
completed by Harold Clarke, Larry Anderson, Steve Robinson, Bob Hamby, and
Peter Healey. E.
Pool deck and
furniture were pressured cleaned by Peter Healey and Harold Clarke. F.
Pool deck was
sealed and pool equipment box was waxed at a cost of $450.00. Project completed
by Harold Clarke, Bob Hamby, Mike Hamby and Peter Healey. G. Fence screening repaired by Harold Clarke. H. Pool lawn sprayed for weeds and fertilized by Harold
Clarke. I.
Small pond
overflow grate on Solee Road and catch basin was cleared of overgrown foliage
by Harold Clarke, John Bonner, Bob Hamby and Peter Healy. J.
On 1-18-2010 Mark of Clearwater in regards to
drainage was contacted but meeting was cancelled and was recalled on 2-12-2010
and meeting rescheduled for week of April 19,2010. K.
Total cost of
sign installation, bathroom remodeling and pool decking and waxing of equipment
box was $738.10. Peter Healey thanked all those that volunteered their
services. 7.
C & R Report
–None 8.
Beautification –
Sara Clarke requested the following to update pool area. Replace three chaise lounge
@ a cost of $99.00 each, one table @ $49.00, with four chairs at $15.00 each,
and replacement of six society garlic plants @ $2.00 each, a total cost of
$426.91. 9.
Road &
Drainage – Larry Anderson – No report, Harold Clarke advised that Mr. Coffee is
to call in a few weeks about the road situation. The issue of the bond money
reemerged and Larry Anderson explained the delay in its release and use is due
to the seven year waiting period. Our Lawyer Dennis Bayer is doing the follow
up. 10. Architectural review committee- no report. 11. Old Business: A.
In regards to
the issue of appurtenances for Ocean Dune Circle Mike Joyce became the ad hoc
committee Chairman to address the issue representing Ocean Dune Circle
residents on the west side. He submitted by e-mail the attached response. For
this meeting, Steve Robinson sent an amended motion to his original motion made
at the last meeting, (See the minutes of the special meeting of February 2, 2010) to wit: The
HBEHOA Board of Directors will request the lot owners/residents of Ocean Dune
Circle (ODC) vote to either accept or reject the following language as defining
the term appurtenances as used in Article IX Section 8 of the Associations
C& Rs. “An appurtenance is defined as
any fixture or structure necessary for the full enjoyment of the property that
transfers with the main building upon sale, with exception of those already in
place as of April 15, 2010, and those subsequently installed or erected that do
not exceed the parameters of those on the north side of lot 1 and on any of
lots 2-12as of that date; the is, no fence may exceed six feet in height, and
any structure of fixture other than a fence must be within four feet of the
house and may extend no more than ten feet from the house, and be no higher
than six feet. Septic and other underground systems are excluded from this
definition.” B.
This request in
the form of a ballot will be sent to all ODC lot owners by mail with post paid
return envelope. Lot owners will be requested to return the completed ballots
14 days from the date of mailing. C.
The Board will
review the vote and apply the criteria for C&C amendments as contained in
the Association Bylaws “…approval must be
by not less than two thirds (2/3) of the entire membership of the Board of
Directors and by not less than two-thirds (2/3) of the members of the
Association voting in person or by absentee ballot.” With a positive vote,
the Board will incorporate this definition in the revised/amended C&R
document planned to be submitted for Association approval at the next annual
meeting. D. Also with a positive vote the Board will interpret the
term appurtenance by the above definition for any architectural review requests
submitted before approval of C& R revision. E.
If the vote is
negative to the proposed language, the Board will continue to be guided by 20
years of precedent when considering applications covered by Article IX Section
8 –specifically, that an “appurtenance” refers only to a building structure
that is an extension of the existing structure, and that extends the existing
building structure beyond a 40-foot overall building width. This language will
be incorporated into the C&R revision on a negative vote by ODC lot owners. F.
Larry Amuso moved
that the amendment be accepted as presented, Sara Clarke 2nd. The
issue was then discussed. In short the following comments were made. Larry
Anderson suggested that since the new the turnover of the Association to the
Homeowners, a 2/3rds vote has never been achievable. An alternative approach is
for DOC, since they have their own organization to so define appurtenances as
long as it stays within the parameters of HBEHO Association by-laws. Mike Joyce
pointed out that our lawyer has not been able to define appurtenances and the
Board was unsure of its interpretation.
Bob Hamby corrected Mr Joyce’s assertion pointing out that the Board was
confident in its interpretation from the many years of consistent
interpretation of this C&R provision.
Mrs. D. Clark suggested that a judge would be best to define it. Dr.
Weiss advised that there is twenty years of precedence. Bob Rohr recommended
that DOC separate from HBEHOA. The Board voted to deny the motion to amend. ODC
was advised that all residents on Ocean Dune Circle meet to clear up the issue.
This Board will receive comments from any ODC property owner on this issue
until July 1, 2010, and will conclude action on this matter at next scheduled
Board meeting July 15, 2010. 12. New Business: A.
President Hamby informed that at present there
will not be an Architectural Committee; all matters will come to the Board
directly until further notice. B.
The C & R
Revision Committee has also changed. Larry Anderson resigned and the members
are now Roger Demen, Steve Robinson and Bob Hamby. C.
President Hamby
advised he attended the Annual Community Leadership Conference in Daytona
Beach. 13. Members Forum: Bob Rohr recommended that the curve in
the road on Cottonwood is in need of repair and the adjacent area should be
beautified. This area is between 3 Cottonwood Dr and the back yard of 23 Mahoe
Dr. It is an easement under the care of the Association. 14. The meeting adjourned at 4:50p.m. Laurence Amuso Secretary -----
Forwarded Message ---- To: Bob Hamby, President of HBEHOA Coming to a Solution on "Appurtenance" We, a large but not entirely inclusive
committee of homeowners on the west side of Ocean Dune Circle, are responding
to a request by the HOA Board to propose new language for Art IX Sect 9 of the
C&Rs to clarify the definition of the word "appurtenance".
We believe we can present a strong case for our belief that the word is
in fact quite restrictive. But we also indicate that we are ready to
compromise on some issues. We do so with the hope that we can remove what
has been the cause of much ill-feeling on both sides of the street. We are owners of lots 14, 16,17,
20, 21, 22, 23, and 24 on the west side of Ocean Dune Circle. Lots 25-29
are not directly affected by Section 8. We have not contacted the owners
of lot 15 (Rosenbaum) and 19 (Weiss) because their interests in the matter
differ from ours. We have been unable to contact the owner of lot 18
(Tuotro) by mail. He has no listed telephone number, nor do we have his email
address. We believe that the Board itself should
act as mediator in this negotiation. We ask that it transmit the proposal
to the east side, with a copy to us of any comments it might make in doing so.
It should follow a similar procedure on any response from the east side. "Appurtenance": While the lawyer the Board is using has
failed to find a definition of the word “appurtenance” in legal sources in
Florida, that does not mean that the word can be defined in an arbitrary
way. A court in Florida faced with finding an authoritative definition
would be forced to look to other legal sources. If one Googles the word, paying special
attention to legal sources, one finds a substantial consensus that supports the
idea that an appurtenance, in a real estate context, is a fixture or structure
subordinate to the main building that passes with the property when it is
transferred. See, for example, the following: 1. property (as an outbuilding or
fixture) or a property right (as a right of way) that is incidental to a
principal property and that passes with the principal property upon sale or
transfer Source: http://research.lawyers.com/glossary/appurtenance.html 2. An Accessory or adjunct that is attached
and incidental to something that has greater importance or value. As
applied to real property, an object attached to or a right to be used with land
as an incidental benefit but which is necessary to the complete use and
enjoyment of the property. When a landowner has been given an Easement for the passage
of light and air over an adjoining lot, the easement is an appurtenance to the
land. Other common appurtenances to land include barns, outhouses, fences,
drainage and irrigation ditches, and rights of way. 3. Appurtenance
is a term referring to something that goes along with something else, or is an
accessory to. It is often used in the context of real estate to refer to other
property, such as an outbuilding or fixture, or property right, such as an
easement, that passes when transferring the main property. It is a right,
privilege or improvement belonging to, and passing with, the land. Source: http://definitions.uslegal.com/a/appurtenance/ 4. Anything attached to a piece of land or
building such that it becomes a part of that property, and is passed on to a
new owner when the property is sold. It may be something tangible like a
garage, septic system, water tank, or something abstract such as an easement or
right of way. Source: http://www.businessdictionary.com/definition/appurtenance.html 5. Appurtenance - Anything so annexed to land
or used with it that it will pass with the conveyance of the land. http://www.oldrepublictitle.com/newnational/Resources/dictionary.asp 6. Appurtenance - Something
belonging to the land and transferred with it, such as buildings, fixtures,
rights. Source: http://www.all-foreclosure.com/define/define1 7. That which belongs to something else; an
adjunct; an appendage; an accessory; something annexed to another thing more
worthy; in common parlance and legal acceptation, something belonging to
another thing as principal, and which passes as incident to it, as a right of
way, or other easement to land; a right of common to pasture, an outhouse,
barn, garden, or orchard, to a house or messuage. Source: http://www.wordiq.com/appurtenance Resolving Our Differences We thus believe that our original
understanding of the word has been correct. The fences, air conditioning
units, and other such appurtenances that have been placed outside the forty-foot
lines are in violation of Section 8. However, we also believe that it is time
to set aside our differences and come to an agreement that recognizes what has
taken place in the past and yet minimizes the grounds for future
misunderstandings. We propose, therefore, that the
C&Rs be amended to include a new second and third sentence in Art 9 Sect 8,
as follows: "An appurtenance is
defined as any fixture or structure necessary for the full enjoyment of the
property that transfers with the main building upon sale, with the exception of
those already in place as of April 15, 2010, and those subsequently installed
or erected that do not exceed the parameters of those on the north side of lot
1 and on any of lots 2-12 as of that date; that is, no fence may exceed six
feet in height, and any structure or fixture other than a fence must be
within four feet of the house and may extend no more than ten feet from the
house, and be no higher than six feet. Septic and other underground
systems are excluded from this definition." We have excluded from the definition the
south side of Lot 1 since it extends all of the way from the house to the entry
gate to the street as a diminishing triangle on which no residence can be
built. Actual
amendment of the C&Rs to include the new language would take time, and a
vote by the whole HBEHOA community. An agreement with the east side on
new language would have to include a commitment by all residents of ODC to
abide by that language during the interval between that agreement and the time
of actual amendment. Signed John M. Joyce, on behalf of the lot owners named above and
himself. |