HAMMOCK BEACH
ESTATES HOME OWNERS ASSOCIATION, INC.
The
Board meeting commenced at 7:00PM. The
following Board members were present:
President,
The following
homeowners, 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: Lou Ciasulli,
Bob Rohr, Harold Clarke, John Bonner, Dave Miller, Jim Morelewicz,
and Steve Steele.
Before
calling the meeting to order, Paul called upon those present to voice any
concerns or to have any item placed on the agenda. Jim Morelewicz said
that the directory on the website needs to be updated. There are about 56 names in the directory and
there are about 100 residents now. Paul
said that he will update the listing with information from those who completed
last year’s survey. Jim also said that
the “members forum” on the website hasn’t been updated
since Feb. 2004. Paul said that he will
talk to
Bob Rohr raised
several items that were subsequently responded to by others.
·
Will the
C&R review include Articles #1 and #2. Paul said that it would.
·
Are the
Articles of Incorporation and By-laws were also being reviewed because, like
the C&Rs, they contain outdated information such
as about dues paying procedures? Paul
said he was aware of the need to review these documents as the C&R changes
are being considered.
·
Is the
Board going to pursue with the County the creation of a parking lot on County
owned land located east of
·
Is the
Board aware that a pile of dirt has been deposited in the area behind the
barrier? Paul said he was not but that
the Board would check it out.
·
Is the
Board going to act to repeal Amendment #9 to the C&Rs
which was implemented by the developer without all promised member input? Paul said that he feels that this amendment
is legal but
the content of the amendment will be reviewed when the C&Rs
are being reviewed. Paul said that when the C&Rs
are finalized, there will be an opportunity for input from Assoc. members.
·
Are
plans for new houses being reviewed by the Board or the Architectural Review
Committee (ARC)? He is not aware of any
records of any approvals or disapprovals occurring. Paul said that this issue will be addressed
later in the meeting.
Lou stated his
understanding said that any person buying property in this community has to “
sign off” a statement saying that they are aware that there is a homeowners
association and that they have a copy of the C&Rs. This is a state law requirement. However, he wonders how the association knows
that this has been done. Paul said that
he is concerned that people who buy houses or lots from current members are not
receiving the C&Rs. For instance, the new owners of the Mazanec’s house said that they were not aware of the C&Rs required.
Sara said that most enforcement letters that she sends out state the
language of the C&R that it being violated.
Lou said that in previous years as this community was being developed, letters
were sent to realtors notifying them about the C&Rs
and a copy of the C&Rs should be
given to the new homeowner. Bob Rohr
said that state law requires realtors to make any buyer aware of association C&Rs and that there are dues involved to maintain the
amenities within the association. Bob
said that this is frequently done by referring buyers to our website.
Paul called the
meeting to order.
1. Agenda: Paul
asked that the agenda be changed to reverse the order of items 6 and 7. With no other items to be changed or placed
on the agenda, the proposed agenda was adopted.
2. Approval of minutes: Paul
asked for any changes or additions to the Board meeting of March 9, 2006. There being none, the minutes were approved
as written.
3. Treasurers report: Steve
Steele, Bookkeeper, presented the treasurers report as Karen Joyce, Treasurer
was absent. Steve reported that the bank
account has been changed to a small business account so that the Board could
use the automated bill pay system and save on postage. The books are open for anyone to look at if
they desire to do so. Steve said that
there are still 2 members who have not paid their dues. One person cannot be contacted --all mail has
come back as undeliverable—and the other is likely an oversight by a lot owner
who normally pays on time. Steve passed
out a bank summary to members showing that as of April 30 we have a balance of
$30,395.49.
Paul asked Steve if
the water bill is still higher than normal.
Steve said that it seems to be back to a normal amount now that the pool
leak has been repaired.
4. Operations: Joe,
Paul and Billy (Torode landscape) went around the
entire area. Joe said that the roadway
storm sewers will be maintained by Torode. There are some storm drains on peoples property that the property owners are responsible to
maintain. The area between Cottonwood
Trail & Solee Rd. has been cleared. The dry pond now has a path that will be
maintained on as “as needed” basis.
:Paul made the motion that we continue with Torode
for the remainder of the year as there will probably be some changes made on
pool property, etc. and a new contract will then be drawn up to put out for
bids. The motion was seconded and carried.
“
On April 22, the
beach walkover was repaired and the pathway mulched. Joe expressed his thanks to the following
people who helped him with this project:
Gary Fairley, Lou Ciasulli,
Jackie & Jim Morelewicz, Bill Welker, Larry
Anderson,
Joe said that Dave
Miller told him about a dog getting into the roadway storm drain and feels that
something should be done to make the opening smaller so that this will not be a
problem in the future. Joe said that he
feels that this could be prevented by putting some rebars
into the ground at the opening. Joe will
ask Sid if he
has any surplus bars and will take care of the problem.
Joe said that as
long as there is no leak in the pool tiles that are cracked, he suggests that
we put off replacing the cracked tiles until they start to leak, as there is
usually a problem taking the damaged tiles out without damaging the adjoining
tiles. He said that in the near future
we will probably have to replace the pool tiles anyway. The board agreed to waiting to replace the tiles.
Paul said that he
priced the cost of a “no outlet” sign for Cottonwood Trail as requested by the Vranys at the last meeting.. A
sign would be placed at the corner of Cottonwood and
Paul said that a
member brought his grandson to the pond to fish and was told he couldn’t fish
there. The member read the bottom of the
sign and thought that it was admissible for members to fish there. Paul reviewed the old minutes and found
nothing that says a member can fish in the ponds. He understands that the sign was for
everyone, as the ponds are part of the drainage system approved by S.t Johns Water management and they recommended prohibiting
any recreational activities on the ponds.
. Joe said that working with
5.
C&R Enforcement and related issues: The fining committee
;whose members are Frank Carelli, Larry Amuso and Dorothy Drexler,
(substituting for Lou Ciasulli) met
Thursday at 6:00PM at the Community Center on
Paul asked Sara if
any other maintenance letters had been sent.
Sara said letters were sent to the owners of the property at
Paul said that the
Board cannot delegate its authority for architectural review to a committee
unless that committee operates under the same meeting rules as the Board. However, the Board can have advisory
committees under
Paul submitted two motions: one to establish an Architectural Review Advisory Committee and another to establish Board procedures for acting on ARAC Recommendations. The two motions which follow, were seconded and approved.
Whereas Article VIII –Architectural Review of the HBEHOA Covenants and Restrictions, as revised, provides the Association with the authority to review and approve or disapprove any planned improvements or additions to member’s lots or structures.
Whereas under HBEHOA
By-Laws, the Board exercises this authority for the Association.
Whereas, according to Florida Law, Homeowners Association Boards of
Directors may not delegate architectural review authority to review committee
unless that committee operates under the same open meeting rules that apply to
the board of directors.
Whereas, Florida Law does allow the Board to have advisory committees or groups providing that the Board retains the authority to approve or disapprove the planned improvement or addition.
The Board hereby moves to establish an Architectural Review Advisory Committee (ARAC) to assist the Board in carrying out its responsibilities for architectural review. The ARAC will
· Consist of three association members (who are not Board members) who will be appointed by the Board
· Review association members’ proposals for additions and improvements by applying standards contained in the HBEHOA Covenants and Restrictions and recommend to the Board that such proposals be approved or denied. Prior to making a recommendation, the ARAC is free to request additional information from the association member.
· Review completed projects to assure that they conform to what the Board has approved and advise the Board accordingly.
· Develop operating procedures to be approved by the Board and communicated to the association members.
Motion: Establish
Board Procedures for Acting on ARAC Recommendations.
In order to provide for expedited review and
action on association member requests for architectural review, the Board
hereby adopts the following procedures:
1. The President or any ARAC member will notify the Board when a request for architectural review is received by sending an email to the Board mailbox at hbehoa@yahoo.com. Any Board member wishing to personally review a proposal should send an email to the president, stating that intention.
2. When the ARAC completes its review, an ARAC member will send a recommendation for approval or disapproval to the Board by email to hbehoa@yahoo.com. .
3. If any Board member has asked to personally review the proposal, the President or ARAC will then provide the proposal documents to that member.
4. If the ARAC recommends approval and there is no disagreement from any Board member, the President will issue by postal mail or email an approval letter to the lot owner on behalf of the Board.
5. If the ARAC recommends approval and a Board member disagrees, then the President will provide the proposal to all other Board members and bring the issue to a vote at the next regular Board meeting or at a special meeting called for that purpose.
6. If the ARAC recommends disapproval, then the President will provide the proposal to all other Board members and bring the issue to a vote at the next regular Board meeting or at a special meeting called for that purpose.
7. The President will issue by postal mail or email any required approval or disapproval letter on behalf of the Board after the completion of steps 5 or 6.
8. To expedite processing, the Vice-President will carry out the responsibilities of the President if the President is not available to take timely action on an association member’s request. .
Paul asked Jim Morelewicz
to report on the proposed guidelines for builder site management during
construction. Jim said his report was
written after experiencing construction here and being a resident for 2 years,
observing construction on other sites.
He also reviewed Ocean Hammock’s rules of conduct for builders
. Paul read Jim’s report and said
he thought it was a good starting point but that some additional wording was
needed to specify lot owner responsibilities and to specify how enforcement
would be handled. Sara said that we
should charge a fee for the builders like Ocean Hammock does so that any costs
for cleanup by the homeowners association will be paid for. Paul said that our attorney recommended
notifying the lot owner for any misconduct rather holding any monies and
holding the builder responsible. The lawyer said as long as we have C&Rs that state the conduct for the builders and
responsibility of the lot owner, the association should not get into the
process of collecting fees from builders.
Jim noted that Ocean Hammock confers “preferred builder status” on
construction companies which gives them leverage to require fees. Paul noted that any adjacent lot owner whose
property has been damaged by construction has the ability to file a claim
against the builder for repair of the site.
Paul said that he will make some adjustments to the proposal for the
“builder’s conduct” and send it on to board members, perhaps calling a meeting
for approval in the next few days.
6. Proposed enhancements to pool recreation area: Paul handed out Pool Area Beautification Project summary including a preliminary sketch for landscaping of the pool area including cost estimates and an administrative plan for evaluating and funding the project if approved.: (See attachment) In summary, a landscaping plan like the one proposed could be completed at a cost of $8,000 to $15,000 ($60-$100 per lot owner) depending on design choices and the amount of volunteer labor provided by Association members. This compares to $35,000 for a pavilion. Unlike the pavilion, the landscaping project would not likely increase either insurance cost or property taxes. The primary ongoing cost item would be for irrigation and perhaps for lawn maintenance. Ideally, the project would be implemented between October 2006 and March 2007 and funded as described in the attached document. .
Paul asked for members to volunteer to be on a task force to develop a final project plan and drawing working from the conceptual drawings presented. The task force would develop estimates for all cost items and the time period and sequence for completing the project components. Paul asked for approval of the concept of the plan and approval for a task force to investigate the plan and present their findings at the Aug. 17 board meeting. The Board will then make a decision on the project and approve expenditures in 2006 from the reserve for betterment At the Oct. meeting the proposed budget for 2007 will be presented special assessment needed to fund the project. The 2007 final budget will be approved at the Nov. meeting.
Discussion followed. Sara asked if any additional companies will submit a plan. Paul explained that this was not a bid but a free initial concept drawing to give us an idea of what could be done and how much it might cost. We do not have to follow these suggestions nor have we made any commitments. This is why a task force should be formed. Sara also asked why we should not present this at the annual meeting for a vote, as was done with the pavilion proposal. . The pavilion vote was done at the Board’s discretion because the project was so costly. Paul said that Board could ask for a vote of this new project at the annual meeting but the board has the authority to implement the plans for betterment without such a vote. The board does have to declare its intention to spend reserves for betterments at an announced meeting. . Members at the meeting would have the opportunity to express their concerns to the board and the board will determine whether the money for the enhancement should be spent as proposed.
Bob Rohr said that he feels that the project proposal should be vote on by the membership. He said that at the last meeting Karen Joyce said that this project could be done “piece meal” if necessary, based on usage. Paul said that Karen’s comments were not directed to putting in one table, seeing if it was being used, then adding another. He feels that Karen meant adding plantings in segments could be done as the project progressed.
Bob Rohr said that the septic system has to be located
before any digging is done. Paul
agreed. Harold said that he thought
that the easement leading to the pool area from
.
Paul reiterated that the plans are a starting point. The task force will start with this plan and proceed to make a more complete proposal to present to the board, who then will decide if the final plans are acceptable. Joe said that the task force should be association members, not who are board members. He also asked about having a semi annual membership meeting,, Paul said it might be considered for next year, but too late for implementation this year. Sara said that she thought a task force is a good idea and hopes that the volunteers will be willing to work hard to make this acceptable for the whole neighborhood.
Paul made the motion that the board approve a task force to develop a final plan for the enhancement of the pool area. The motion carried , seconded and approved by the board. Paul said we would like to have at least 3 but preferably 5 or more volunteers for the task force. The task force should be formed and operating by the end of May.
VOLUNTEERS ARE NEEDED FOR
A TASK FORCE TO IMPLEMENT A PLAN FOR POOL AREA ENHANCEMENT. IF INTERESTED, PLEASE CALL PAUL AT 445 8507
or PEGGY at 446 9094.
7. Proposed revisions to C&Rs: Paul read a letter (which accompanies the minutes) discussing the importance of the C&R review. The Board suggested that a phrase be added stating that the Board will continue to enforce the existing C&Rs during the review process—and this was done. Lou, Jim and Paul gave a quick summary of some of the changes proposed by their respective work groups. A complete set of proposed changes was provided to each Board member. Paul said that he intends to put the proposed C&R revisions on the website for comments and make them available in hard copy to any member requesting them. Such comments presented early on will help the work groups revise the initial proposal and help identify those areas where there are significant differences of opinion.
Social: ROBERT THOMASON was host for a game and dessert night on April 1. All those attending enjoyed the evening and word has it that the desserts were great! THANK YOU, ROBERT.
The NEIGHBORHOOD PARTY at the pool will be held June 17. Volunteers are needed for this event and if you can help, please contact Karen Joyce at 447 1860.
The meeting was adjourned at 9:10 PM.
Respectfully submitted,
Peggy Steele, Sec.
Addendum to the minutes: While the minutes were being prepared, the Fourth of July Cookout Group announced that they are going to hold this summer’s cookout on Memorial Day.
EVENT: MEMORIAL WEEKEND COOKOUT
DATE: SUNDAY, MAY 28 (rain day Monday May 29)
TIME: 3 PM
PLACE: The pool grounds
FOOD: Hot dogs and Hamburgers provided. (members wanting to bring a food item can discuss it when they RSVP
Bring your own drinks and chairs.
RSVP: If you plan to attend, contact Harold Clarke, 446 4693 or Frank Carelli 445 5719 by May 23.
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