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HAMMOCK BEACH ESTATES HOMEOWNER’S ASSOCIATION P.O. BOX 350668 PALM COAST, FLORIDA 32135
Minutes of the Board of Directors Meeting Time 5:00 p.m. November 3, 2011 Place: Poolside
Call to Order and Adoption of Minutes The president called the meeting to order at 5:02 p.m. Board members present included Bob Hamby, Sara Clarke, and Michele Austin.
Association members present included: Harold Clarke, Betty Hamby, Bob Rohr, Larry Anderson, John Bonner, Debbie Clark, Lou Ciasulli, Sarah Feliciano, Elizabeth Robinson, Susan Fairley, Debbie Healey, Bill Jamison, Denise Peterson, Paul Zacharias, Dave Miller, Robin Cotie, and Barbara Royere. Also present were two Armand Beach Estates residents.
Approval of Meeting Agenda An email meeting announcement was sent to all HOA members by Bob Hamby, per notification requirements for HOA board meetings. Sara Clarke moved to adopt the meeting agenda. Michele Austin seconded. The motion passed.
Reading of the Minutes Sara Clarke moved to waive reading of the minutes of the BOD meeting held October 11, 2011. Michele Austin seconded. Motion passed.
Treasurer's Report Bob Hamby turned the meeting over to Sara Clarke so he could present the Treasurer's report.
Copies were passed out of the 2011 year-to-date budget. Bob Hamby reported that HOA expenses paid are under budget to date, but that significant legal expenses accrued had not yet been billed to the HOA.
After review of the proposed 2012 budget, the Social Committee requested that $200 additional be allocated for next year because the existing budget for entertainment had not been increased from $300 since its inception. After discussion, the board decided to leave the entertainment budget as is and to absorb any overage if the budgeted figure is exceeded slightly.
2011 dues for three lots remain unpaid. Today the HOA received back dues in full for 2010-11 from one lot owner. Bob Hamby moved that the board approve the sending of certified letters to the remaining three unpaid lot owners, to notify them that a property lien will be filed 20 days later if dues are not paid in full. Michele Austin seconded. The motion was approved.
Sara Clarke relinquished the meeting chairmanship back to Bob Hamby.
Operations Report Harold Clarke reported on behalf of the Operations Director, who is out of town. A large pole impaled the roof of one of the restrooms recently. Several HOA members helped repair the roof to save funds.
C&R Enforcement Committee Sara Clarke reported that the HOA has received several complaints regarding the non-compliant real estate “For Sale” signs springing up throughout the community. The signs are significantly larger than HBEHOA C&Rs permit. The question was posed as to whether we should consider revising signage specifications in the C&Rs.
Bob Hamby expressed a lack of confidence that the revised C&Rs would be approved at the annual meeting due to lack of member participation, and that existing sign regulations should be enforced.
Sara Clarke volunteered to phone every real estate agent who has placed a non-compliant sign in the community and inform them that signs must be removed or replaced with signs that meet HOA specifications.
Architectural Review Committee
The Pavlos recently submitted a request for review of a plan to replace the existing stucco siding on their home with hardy board. The board approved the request.
Larry Anderson mentioned that the C&Rs document does give the board authority to set standards for landscaping. Bob Hamby suggested we defer discussion of the issue until Item #13 on today's agenda.
Beautification Committee
Harold Clarke and John Bonner planted rye grass seed at the pool and did routine maintenance work in the pool area.
Nominating Committee
By late October, four HOA members had committed to running for elected office. Since then, one member withdrew due to sudden health issues. Three members remain on the ballot for 2012 board positions – Sara Clarke, Sarah Feliciano and Larry Anderson. One elected position, Secretary, is mid-term and continues for another year. The HOA will have sufficient officers to operate without state intervention for the next fiscal year.
Susan Fairley inquired whether any further action had been taken regarding hiring a management firm for the HOA, as discussed in the October meeting. Pursuit of the topic was discontinued after enough HOA members volunteered to fill vacant 2012 board positions, and in consideration of negative feedback regardingthe additional $75 (approx) per lot fee which would need to be assessed annually to cover the cost.
Old Business
Signage – Bob Hamby granted Tony Vergerano authorization to erect “Children at Play” signs near his property. To date the signs have not slowed traffic. HOA members are fairly compliant with posted speed limits, but contractors, garbage collectors, mail couriers, etc are often seen traveling at alarming speeds. As a result, the HOA has requested a higher level of police patrol and enforcement in Hammock Beach Estates.
Legal Issues -
Dune Walkover. The full board met with HOA attorney Dennis Bayer on Monday. A decision was made to proceed with required mediation in an attempt to resolve the complaint, prior to furthering the case through the court system. Mediation has been scheduled by Mr. Bayer for Monday November 14th. Board members will attend the meeting, along with the Irwins and their attorney.
Sara Clarke mentioned that HBEHOA has been offered monetary assistance for legal fees by non HOA members, who fully support HOA efforts to retain control of the north easement as a dedicated beach access for all Armand Beach Estates residents to enjoy. The HOA appreciates the offers and will gratefully accept non-member legal fund contributions.
Paul Zacharias questioned whether the Irwins' attorney might have a conflict of interest problem, in that his firm originally did the legal work on platting the easement.
Short Term Rental. A lawsuit has been filed against HOA member Jeffrey Kissinger regarding promoting and allowing use of his Ocean Dune Circle property for short term rental. The HOA is awaiting notification of a court date.
Florida Friendly Landscaping
Per attorney Dennis Bayer, it is within the HOA's legal rights to institute regulations pertaining to installation of Florida-friendly landscape. 2009 Florida legislation prohibits HOAs from banning Florida-friendly landscaping, including efforts to minimize water usage in landscape maintenance. But the law does NOT prevent HOAs from regulating the appearance of eco-friendly yards. To date there are no precedents for landscape guidelines.
Sara Clarke moved that we table further discussion and implementation of Florida-friendly landscape guidelines until the new HOA Board of Directors convenes in 2012. Michele Austin seconded. The motion passed.
By-Laws: Annual Meeting
Meeting notification packages must be distributed between November 9th and 24th 2011 regarding the HBEHOA annual meeting to be held Thursday, December 8th at 7:00 p.m. at the Malacompra Community Center.
Sara Clarke volunteered to run copies of board candidate bios to save the HOA money on printing expense. Several HOA members volunteered to meet on November 14th to help with preparation of annual meeting packages.
It was determined that there is no other new business. Sara Clarke moved to adjourn the meeting. Michele Austin seconded. The meeting was adjourned at 6:11 p.m. |