HAMMOCK BEACH ESTATES HOMEOWNER’S ASSOCIATION

P.O. BOX 350668

PALM COAST, FLORIDA 32135

　

Minutes of the Board of Directors Special Meeting

Time 2:00 p.m. June 18, 2011

Place: HOA Poolside

Notice of the special meeting was posted by Bob Hamby on June 15, 2011

The president called the meeting to order at 2:00 p.m.

All four board members were present.

Association members present included:   Frank Carelli, Debbie Healey, Danny Ponce, Nancy Ponce, Larry Anderson.

The special meeting was called because it was brought to the attention of the board that 9 Ocean Dune Circle is in serious violation of the HBEHOA C&Rs . Proof was submitted for review that the property has been rented on a weekly and/or nightly basis since March 2010, and possibly dating farther back.

The property owner was previously questioned about the matter. He claimed that only relatives and personal friends stay in the house.

A complaint was registered with the HOA regarding an incident March 11, 2011. During bike week the occupants of 9 Ocean Dune Circle parked several motorcycles, trucks, and flatbed trailers on Dr. Weiss’ private lot. The property owner was notified, and again claimed that the occupants were all relatives. Within two hours, the equipment on Dr. Weiss’ lot was moved to Stand Rosenbaum’s lot.

Danny Ponce reported having a conversation with an occupant of 9 Ocean Dune Circle, during which he inquired how the occupant found the vacation property. The occupant replied that he saw it advertised on the website www.vacationrentalsbyowner.com. After the occupant vacated the property later that day, a cleaning service came and left, and the same day another family moved in.

Dr. Weiss mentioned to Danny Ponce that he’d seen approximately 12 people at one time renting the house.

Bob Hamby noted at least two material breaches of the C&Rs - operating a business, and renting for less than the six-month minimum HOA requirement.

Michele Austin asked what consequences are applicable for willful ongoing violation of C&Rs, in addition to the maximum $1000 fine which could be assessed by the HOA.

Nancy Ponce asked how preventing this type of violation could be enforced in the future.

Sara Clarke requested that the board authorize a consult with HBEHOA attorney Dennis Bayer.

Larry Anderson asked who would be responsible for the HOA's attorney fees.

Danny Ponce indicated the the prevailing party could request payment of attorney fees.

Sara made a motion that Bob Hamby schedule an appointment with attorney Dennis Bayer, and that the HOA bill the property owner for Mr. Bayer's fees.

Michele Austin seconded the motion. Motion passed.

The special meeting ended at 2:25 p.m.