Waterford Lakes Tract N-25A Neighborhood Association, Inc.
Board of Directors Meeting
July 17, 2007
Office of Exit Real Estate
11555 Lake Underhill Road
Board members present: Myron Davis, Harold Engold, Dennis Horazak, Cookie
Symons, John Tenney, and Ron Wiley. Also present were property manager
Judith Meldrum, Newsletter Editor Sandy Horazak, and homeowners Claudia
Rilea, Gail Strachan, and another homeowner.
1. Call to Order: President Ron Wiley called the meeting to order at 6:33pm.
2. Certify Quorum: Six of the seven Board members were present, thus establishing
3. Proof of Notice was given.
4. President's opening remarks: Ron summarized the meeting protocols,
then briefly mentioned statutory changes affecting collection procedures
and committee operations presented at the Orange County Community Conference
on July 14th. Judith distributed summaries of the 2007 Amendments to Florida
HOA Laws. (See Attachment A.)
5. Approval of Agenda: Three items were added to the agenda under New
Business. Dennis moved to approve the agenda as modified, John seconded,
and the modified agenda was approved unanimously.
6. Announcements: Cookie reported that at some unknown time, someone stole
the No Trespassing signpost from Crystal River Drive. On July 11, 2007
at 12:30 p.m. an SUV was spotted dumping the pole and concrete footing
without the sign into the area between Cypress Isles and Bradfordt Lakes.
An alert neighbor photographed the SUV, but was not able to capture its
7. Approval of minutes: After review of March 20, 2007 minutes, John corrected
one of the items. Harold made a motion to approve the corrected minutes
and Ron gave a second. Minutes unanimously approved by the Board.
8. Financial Report: Myron Davis gave the Financial Report.
- Myron presented the income/expense statement and balance sheet.
- Regarding late payment charges, Dennis noted that the Cypress Isles
Bylaws (ARTICLE VI, Obligations of Owners for Assessments, Section 4. Collection
Procedures) allow only interest charges and costs of collection to be assessed
against homeowners who do not pay on time, but not the charging of late
fees. Costs of collection reflect additional work performed by the property
manager in pursuit of payment, so the cost of collection goes to the property
manager when it is received from the homeowner. Homeowners requesting
relief from cost-of-collection charges, such as in the case of erroneous
entries by the property manager, need to resolve their dispute in writing
with the property manager. The Association does not receive costs of collection,
and therefore does not have the means to grant refunds to homeowners.
- The account for Lot 21 (13213 White Cedar Court) shows $77.70 in current
charges, which seemed odd. Judith will investigate that account and resolve
the charges into their correct age categories.
- Myron offered to contact the owner of Lot 70 (636 Divine Circle), to
whom an intent-to-lien notice has been sent, to try to resolve the matter
and stem further escalation of charges.
- An invoice for $35 was received from a handyman who was asked to fix
the entrance lights. The handyman was contracted informally and at variance
with Board policy of reviewing all expenditures prior to authorization
(Board Meeting Minutes, September 19, 2006). John moved to pay the handyman,
who acted in good faith, and Harold seconded the motion, which was approved
- Payments made to Sir Speedy were questioned because Myron had agreed
to pay for newsletter printing and Lee Blackwell had agreed to pay for
mailing. Ron, Myron, Sandy, and Judith will research this expense issue.
Judith will email copies of the bills and other relevant documents to
Ron, Myron, and Sandy.
9. Architectural Review Committee: Cookie Symons gave the ARC report.
- One application was received for house painting and the addition of
an attached structure. The application was approved.
- The recent neighborhood inspection resulted in 34 new citations and
in 24 repeat citations.
- Ron noted that the July 2006 laws require that permissible house colors
be displayed in a book that is available to homeowners as well as to the
ARC. Myron moved that the ARC produce a book of baseline colors schemes,
based on the color scheme book that WLCA is producing. Dennis seconded
the motion, which passed unanimously.
- Referring to ARC violations discovered during inspections, Ron moved
that the property manager email a list of first-time violations to the
Board, for the Board to address with the homeowner within seven days, and
that all properties not in compliance after seven days, as reported to
the property manager by email, who then receive normal violation notices
by mail. John seconded the motion. (This motion also included an amendment
made by John and seconded by Harold.). The amended motion passed unanimously.
10. Newsletter: Editor Sandy Horazak confirmed that the deadline for the
August issue will be August 1st, but articles can be submitted anytime
up to that date.
11. Neighborhood Watch: Cookie reported that a homeowner in the 600 block
of Divine Circle discovered unidentified youths swimming naked at night
in his pool. The homeowner began locking his screen enclosure after the
incident, after which the screen by the lock was cut to enable entry.
12. Traffic Committee: John Tenney reported that the Traffic Committee
met on July 11th, and will meet on July 18th at Cookie's house. He also
reported on June 27th Orange County Land Use Amendment meeting to discuss
plans to change the parcel at the end of Jade Forest (Tract N-19B) from
a future elementary school to a development of 71 detached single-family
houses. Local homeowners objected to the collateral problem of increased
traffic volume by email and in person, and as a result the developer was
denied permission at that time.
The Traffic Committee sent an email to the Orange County Traffic Engineering
Division proposing five possible ways to reduce traffic volume through
Cypress Isles: (1) implementing a statute prohibiting cut-through traffic
at certain hours; (2) adding 3-way stop signs on Spring Island Way at Lakes
Way and/or Crystal River Drive; (3) Adding a "No Left Turn" sign
from Spring Island onto Lakes Way and a "No Right Turn" sign
from Lakes Way onto Spring Island; (4) closing off the north (back) end
of Spring Island Way; and (5) adding chicanes on Spring Island Way. (www.ite.
org/traffic/chicane.htm defines "chicanes" as a series of narrowings
or curb extensions that alternate from one side of the street to the other
forming S-shaped curves). Ron noted the need for prompt action to reduce
traffic volume, and John reiterated that persistent engagement with Orange
County is the best approach, since Orange County owns the road, makes the
laws, and engineers the traffic.
13. New Business: Four of the seven New Business agenda items were tabled
until the next meeting, as indicated below.
- OCHAA Annual Conference (New Laws that went into effect on July 1st,
2006) - Both parts of this item was tabled.
- a. Bill #902 (HOA & Homeowner Mediation Process Change)
- b. Bill #1844 (Collection of Assessments Process change in regard
to filing liens)
- Review of Committee Process (Responsibilities / Reporting to Board
/ Decision Making) Ron stated that no committee has the power to make decisions
that bind the Board.
- Clarification on Recreational Vehicles within CI (As written in WLCA
& CI Docs today) - Discussed the need for possible courses of action
leading to reasonable interpretations in regard to temporary parking.
No action taken.
- Ground Maintenance (Current contract / Performance / Recommendations)
- This item was tabled.
- Proposal for cleaning Entrance Signs - Claudia noted that the entrance
signs had water stains from the irrigation system, and submitted a proposal
to clean the bricks, signs, and brass for $175. She also mentioned that
the back entrance signs were made in two halves connected by small bolts,
and suggested adding more tie rods to the back entrance signs during the
next major entrance rehabilitation.
- Other Contract Renewals - This item was tabled.
- Other Updates on the disposition of Tract N-19B - This item was tabled.
14. The next meeting is scheduled for September 18, 2007. Subsequent board
meetings will be on November 20, 2007; January 15, 2008; and March 18,
2008. The next Annual Meeting will be on May 20, 2008.
15. Motion to adjourn was made by Denny, seconded by Harold, and unanimously
approved. Meeting adjourned at 9:22pm.
Submitted by: Approved by:
Dennis Horazak, Secretary Board of Directors
- Attachment A - 2007 Amendments to Florida HOA Laws
Florida Statute Sec. 720.3085 Collection Procedures
- o Interest accrues on unpaid assessments at 18% if covenants are silent.
o Late fees capped at $25.00 or 5% of the past due payment
o Payments must be applied in the following order:
- 1. Interest
2. Late fees
3. Cost and attorney's fees
4. Delinquent assessment
Florida Statute Sec. 720.3085 Collection Procedures
- o 45-day written notice of delinquency prior to filing a claim of lien
o 45-day written notice prior to filing a foreclosure action
o Owner may stay foreclosure case for up to 60 days upon service of a "qualifying
- 1. A "Qualified Offer" is written offer to pay all amounts
secured by the lien plus interest accruing during the pendency of the offer
Florida Statute Sec. 720.303(2) (a) Committee Meetings
- o All meetings of the association regarding the spending of association
funds or to approve or disapprove architectural decisions must be open
to all members.
Florida Statute Sec. 720.303(5) (d) Inspection of Records
- o Authorizes an association to charge a reasonable fee, plus photocopying
and attorney's fees, for providing good faith responses to requests for
o The fee cannot exceed $150.00 plus the reasonable cost of photocopying
and attorney's fees.
Florida Statute Sec. 720.303(6) Reserve Accounts
- o Provides for the maintenance of reserve accounts in the annual budget.
o Provides a method for calculating the reserves.
o Establishes the conditions for waiving the maintenance of reserve accounts.
Florida Statute Sec. 720.3035 ARB Procedures and Rights
- o An association can only review and approve building and improvement
plans that are specifically stated or reasonably inferred in the declaration.
o An owner's rights and privileges as provided in the declaration cannot
be unreasonably impaired concerning the use of the property, and the construction
of permitted structures and improvements.
o If the association or its ARB committee unreasonably, knowing, and willfully
infringes or impairs upon an owner's rights and privileges set forth in
the ARB section of the declaration the owner is entitled to:
- 1. Recover damages
2. Recover costs and attorney's fees
Florida Statute Sec. 720.305 Entitlement to Attorney's Fees and Costs
- o Any member who prevails in an action against an association and is
awarded attorney's fees may be awarded an amount sufficient to cover the
member's share of assessments levied to fund the association's litigation
Florida Statute Sec. 720.311 Mediation Process
- o Clarifies that you do not have to attend pre-suit mediation in collection
o No pre-suit mediation if the association is seeking emergency relief.
o Establishes a procedure and form for demanding pre-suit mediation.
o Eliminates the need to file a request for pre-suit mediation with DBPR.
o Owner's failure to participate in pre-suit mediation or pre-pay their
required ½ of the mediator's fees may result in the owner having
to pay the association attorney's fees and costs incurred in attempting
to obtain mediation.
o The parties must mediate within 90 days of written demand.
o Mediator can be any Florida Supreme Court mediator.