Board members and homeowners present:
Chip Crane, Myron Davis, Steve Hartman, Dennis Horazak, Larry Sheeler, Bill Snook, Cookie Symons, Jean Thomsin. (Ron Wiley joined the meeting at the start of 'Collection Status' point 5B).
In addition there were 3 homeowners present and Tom Bontrager of Penn Management
1. Call to Order
President Dennis Horazak called the meeting to order at 6:32 p.m.
2. Certify Quorum
8 of the 9 board members present. Quorum established.
3. Proof of Notice
Proof of Notice was given.
4. Approval of minutes from previous meeting
Steve Hartman asked for clarification as to why a motion by Larry Sheeler to follow the Association's standard collection policy was withdrawn later (see New Business). Larry explained that the motion had been withdrawn, since it was agreed that another attempt to talk to a homeowner would be made. Bill Snook made the motion to approve the minutes of the September 16, 2003 meeting as submitted. Seconded by Larry Sheeler and approved unanimously.
5. Financial Report
A. October 2003 financials: Myron Davis reported that the previously distributed Income/Expenses Statement for October did not need further discussion since all income and expenses were in line with budgeted amounts.
B. Collections status as of November 12, 2003 (Ron Wiley joined the meeting at this point):
Lot 27 - A final demand letter has been sent via certified mail. Larry Sheeler made the motion to obtain a title report after the response period specified in the final demand letter from the lawyer has expired. Steve Hartman seconded the motion which was approved unanimously. The homeowner has received a Violation letter from the ARC on 11/6/03. Management will make sure that the attorney knows about this so the CCR compliance issue can be considered in any payment arrangement with the homeowner. (Action: Tom Bontrager).
Lot 114 - Intent to Lien has been sent 11/6/03. Steve Hartman made the motion to place a lien on the property 30 days after 11/6/03 if payment is not received and propose to piggyback this process with the Master Association to save legal fees and costs. The motion was seconded by Larry Sheeler and approved unanimously.
Lot 137 - Lien was placed 10/30/03 and no payments received to date. Larry Sheeler made a motion to send a final demand letter if payment not received in time and after Myron and Steve make one last visit to the homeowner before 11/24. The motion was seconded by Cookie Symons and approved unanimously.
6. Committee Reports
A. ARC and Violation report: Chip Crane reported that last month 5 violations were noted, all of which are being addressed except lot 27 (see above). This month no doorknockers were given out. The ARC received a request for approval to paint a driveway (Lot 13). The ARC (Chip Crane/Cookie Symons) will meet with the homeowner and decide on the 'cement' color of choice. It is expected that more requests to paint driveways will follow.
B. Neighborhood Watch report: Cookie Symons reported that all is well in the Neighborhood.
C. Holiday Festival: Claire Sheeler, chairperson of the committee, sent the BOD a letter proposing to postpone the Festival until spring, due to a lack of acceptable and convenient dates this fall.
D. By-Laws Committee: Jean Thomsin introduced the new By-Laws (DRAFT 4), which is the result of the work of the By-Laws committee, with some highlights and points for discussion (see attachment A):
" (Highlight 4) Larry Sheeler requested that we ask the lawyer's opinion on the deletion of references to Mortgagees (lender) and Mortgagors (borrower).
" (Highlight 7 & 8) Steve Hartman inquired about the specifics of use of a "general proxy". Jean Thomsin explained that this proxy gives bearer the power to act on behalf of the absent homeowner in all matters being decided upon at the meeting, without specific instructions and that we will only use it to establish the quorum required. Larry Sheeler mentioned that this could give the secretary (recipient of the general proxies) potentially enormous power over the outcome of elections. Jean suggested that we will take this up with the lawyer.
" (Point for discussion 2) Larry Sheeler suggested that we look in the Florida Statutes for the 'reduced quorum' requirement (30% iso 33-1/3 %?) and that we establish a further reduction by half (15%) for a subsequent meeting, if the reduced quorum of 30% can not be obtained.
" (Point for discussion 4) Steve Hartman and Larry Sheeler commented that obtaining the approval of 2/3 of all homeowners (2/3 of 140 is 93) would be a practically impossible task. It was suggested that we change that to a simple majority (140/2 +1 is 71).
" (Point for discussion 5) Larry Sheeler commented that there is no legal requirement to have By-Laws recorded.
" Jean Thomsin asked all board members to comment upon the proposed By-Laws and feed all additions/corrections/inquiries to him. The By-Laws committee will address all these and modify the draft when required and/or advisable. Upon a final review by the board the draft By-Laws will be given to a lawyer for a legal opinion.
" Dennis Horazak and Jean Thomsin asked Penn Management (Tom Bontrager) and Larry Sheeler for specific comments and needed changes for the Sections 'Past Due Assessments' and 'Collection Procedures' (Article VI Sections 3 and 4).
E. Newsletter: Dennis Horazak handed out an outline draft of the Cypress Isles Newsletter; Winter 2003 edition and mentioned that the deadline for copy is November 23.
F. Entrance lighting: Ron Wiley reported that the only task needed for completion of the project is the hook up of the low-voltage lighting to the existing electrical boxes at the back entrance. With some help from Steve Hartman and Chip Crane, Ron thinks he can complete this by the end of this month. Chip Crane reported that the grass behind the left front entrance wall (lot 48), which was dug up to install the lighting, has not been replaced yet. Larry Sheeler Made the motion to allocate up to $50 for sod to correct this situation while our landscape contractor does some work in that area. The motion was seconded by Chip Crane and approved unanimously.
7. Old Business
A. 2004 Budget: Myron Davis presented the budget for 2004, which had been seen by the board members before. It was noted that all costs relating to the Front & Rear entry had been grouped together. The budgeted cost for security has been lowered from 8 hrs/mo to 5 hrs/mo in line with current actual activity. Larry Sheeler made a motion to approve the 2004 budget as submitted. Bill Snook seconded the motion and it was approved unanimously.
B. Contract Review: Tom Bontrager mentioned that the three contracts (Landscape Maintenance, Turf Tree and Shrub Care Maintenance and Liability Insurance) were due for renewal by the end of this year and that the new contracts were for one year (1/1/04 - 12/31/04). There was some discussion about the fact that Gipson the Landscape Contractor was not always carrying out the work on time, such as mowing around the lakes and missing entrance flower beds. Larry Sheeler explained that the contractor sometimes was overwhelmed by the grass mowing needs, especially during summer, but that upon reminder he was quite responsive. Moreover, since we piggyback with the contract of the Master and various other Neighborhood Associations, we are not too bad off for the money we pay. A new contractor would probably cost us twice the amount. Bill Snook agreed to write an article for the newsletter asking people to complain within reason to Tom Bontrager (Penn Management) if they are unhappy with the landscaping service, so that Tom Bontrager can contact the contractor either directly or through the Operating Committee of the Master association of which he is a member. Tom Bontrager agreed to send electronic copies of the new contracts to all Board members. Larry Sheeler made the motion to authorize Dennis Horazak to execute the landscape contracts following receipt of input from the other board members. Ron Wiley seconded the motion which was approved unanimously.
8. New Business
A. Guidelines for processing meeting agendas and minutes: Dennis Horazak introduced his view of the process for handling agendas and minutes of the board meetings (see Attachment B). In essence it boils down making maximal use of electronic means (e-mail). Steve Hartman suggested that we make sure that the "draft minutes" shown on the website indicate clearly that these minutes still have to be approved at a subsequent board meeting before they will be final. Larry Sheeler made the motion to accept the guidelines for Agendas & Minutes as submitted by Dennis. Jean Thomsin seconded the motion which was approved unanimously.
B. Guidelines for welcoming new homeowners: Dennis Horazak introduced the process for welcoming new homeowners into the neighborhood (the Welcoming Plan, see Attachment C). It was suggested that the board approves updates to the welcome Packets. Larry Sheeler made the motion to include this suggestion of board approval for welcome packet updates and accept the Welcoming Plan as submitted by Dennis. Steve Hartman seconded the motion which was approved unanimously.
9. Open Forum
Due to time constraints (and an audience of only 1) there was no open forum.
10. Schedule next meeting
The next meeting is scheduled for Tuesday, January 20 at 6:30 p.m.
Larry Sheeler made the motion to adjourn, seconded by Dennis Horazak. The meeting was adjourned at 8:42 p.m.
Notes submitted by Board of Directors
Secretary of the Board
To: The Board of the Waterford Lakes Tract N-25A Neighborhood Association
From: Jean Thomsin - Chairperson of the By-Laws Committee
Date: November 10, 2003
Subject: By-Laws Committee Report
Dear fellow board members,
After several meetings of the By-Laws Committee we have arrived at a
proposal for the first set of By-laws for our neighborhood association.
Please find attached "DRAFT 4" for your consideration.
Some important highlights:
1. We started with a draft set of By-Laws dated March 9, 1994, which were never accepted and recorded.
2. Since these By-Laws were compiled before the Turnover from the Developer several references were made to three classes of membership of the Association, viz. Members Class A, B and C.
3. We have taken all references to more than one type of membership out of the By-laws.
4. We have taken out most of the references to Mortgagees (lender) and Mortgagors (borrower).
5. We have tried to make the language as complete, consistent and clear as possible.
6. We have checked consistency with both the Articles of Incorporation and the Neighborhood Declaration.
7. We have refrained from absentee voting for candidate board members before the actual annual meeting, in accordance with Chapter 720.306(7) of the Florida Homeowner association Statute, which gives all Association Members the right to nominate themselves to run as a candidate for the board of Directors "at the meeting where the election is to be held". (Input from Richard Larsen - Lawyer).
8. In stead we will use a "general proxy" for the members who are unable to attend the Member's meeting (Article II, Section 5).
9. We have incorporated a section on Collection Procedures for Past Due Assessments (Article VI, Section 3 and 4).
Some points for discussion:
2. Maintenance of up to date homeowner records by the Board (Secretary) and the Management Agent.
3. We adopted the practice of a reduced quorum requirement of 33-1/3%, if a 50% majority can not be established (Article II, Section 4 and Article III, Section 5), although this provision is not included in our Neighborhood declaration.
4. We need to consult with a lawyer to seek a legal opinion of the By-Laws.
5. We need to obtain approval of a majority of the board as well as 2/3 of the homeowners (Article VII, Section 4).
6. After legal opinion and approval by the members we will have the By-Laws recorded in the books of Orange County Florida.
Guidelines for Processing Meeting Agendas
These guidelines describe recommended operating procedures for the formation, distribution, and retention of Agendas for all regular and special meetings of the Members and for all regular and special meetings of the Directors of Cypress Isles. These guidelines were adopted at the Cypress Isles Directors' meeting on November 18, 2003. The Board shall retain the power to modify any or all of these guidelines at its discretion at any time and without prior notice.
The President drafts a preliminary agenda no later than 10 days before the meeting. The agenda should include items submitted by Directors and by homeowners, and should follow this order of business: (a) roll call to determine the voting power represented at the meeting; (b) proof of notice of meeting or waiver of notice; (c) reading of minutes of preceding meeting; (d) reports of officers; (e) reports of committees; (f) election of inspector of election (if elections are to be held); (g) election of Directors (if elections are to be held); (h) unfinished business; and (i) new business. The President distributes this preliminary agenda to all Directors and to the Property Manager for review and comment, preferably by email.
Each Director and Property Manager, having received the preliminary agenda from the President, reviews and comments within 3 days, preferably by email reply copied to all Directors and to the Property Manager.
The President, having received review comments, finalizes the Agenda and distributes it to all Directors, the Property Manager, and the Webmaster no later than 5 days before the meeting, preferably my email.
The Webmaster posts the agenda for the meeting on the Cypress Isles web site no later than 3 days before the meeting.
Each Director prints a copy of the Agenda and brings it to the meeting.
The Property Manager prints a few extra copies of the Agenda and brings them to the meeting to give to walk-in homeowners as a courtesy.
The Webmaster removes the Agenda for a meeting after the Draft Minutes for the same meeting have been posted in its place.
Guidelines for Processing Meeting Minutes
These guidelines describe recommended operating procedures for the formation, distribution, and retention of Minutes for all regular and special meetings of the Members and for all regular and special meetings of the Directors of Cypress Isles. These guidelines were adopted at the Cypress Isles Directors' meeting on November 18, 2003. The Board shall retain the power to modify any or all of these guidelines at its discretion at any time and without prior notice.
The Secretary finalizes all meeting Minutes that have been approved by a majority of Directors no later than 10 days after the meeting. The heading of the approved minutes should include the phrase, "approved [date of Board approval]." The Secretary distributes these Minutes to all Directors, the Property Manager, the Webmaster, and the Newsletter Editor, preferably by email.
The Webmaster posts the approved minutes and removes the Draft Minutes of the same meeting.
The Secretary composes Draft Minutes no later than 10 days after the meeting. The minutes should report all actions taken at the meeting. The heading of the Draft Minutes should include the statement "These Draft Minutes are not official until approved by a majority vote of the Directors at an official meeting." The Secretary distributes the Draft Minutes for review and comment, preferably by email, to each Director, the Property Manager, committee chairs, and Owners mentioned in the minutes.
Each Director, Property Manager, and committee chair, having received the Draft Minutes from the Secretary, reviews and comments within 3 days, preferably by email reply copied to all Directors and to the Property Manager.
The Secretary, having received review comments, finalizes the Draft Minutes and distributes them to all Directors, the Property Manager, the Webmaster, and the Newsletter Editor no later than 15 days after the meeting, preferably my email.
The Webmaster posts the Draft Minutes of the meeting on the Cypress Isles web site no later than 20 days after the meeting.
The Newsletter Editor publishes significant items extracted from Draft Minutes and Approved Minutes in the quarterly newsletter.
Each Director prints a copy of the Draft Minutes and brings it to the meeting.
The Property Manager prints a few extra copies of the Draft Minutes and brings them to the meeting to give to walk-in homeowners as a courtesy.
Guidelines for Processing Meeting Agendas and Meeting Minutes
Guidelines for Welcoming New Homeowners
These guidelines describe recommended operating procedures for welcoming new homeowners to Cypress Isles. These guidelines were adopted at the Cypress Isles Directors' meeting on November 18, 2003. The Board shall retain the power to modify any or all of these guidelines at its discretion at any time and without prior notice.
Identification of New Homeowners
The Property Manager adds the names and addresses of new homeowners to official records.
The Property Manager distributes the names and addresses of new homeowners to the Treasurer, the Secretary, the Newsletter Editor, and the Neighborhood Watch Coordinator, preferably by email.
The Treasurer updates official records, as appropriate, with the names and addresses of new homeowners.
The Secretary updates official records, as appropriate, with the names and addresses of new homeowners.
The Newsletter Editor welcomes new homeowners, identified by address only, in quarterly newsletter.
Visitation of New Homeowners
Block Captains visit new homeowners, introduce themselves as Block Captains, describe the operation of Neighborhood Watch, and present copies of the current Welcome Packets.
Printing of Welcome Packets
The Neighborhood Watch Coordinator prints, or has printed, copies of the current Welcome Packet for distribution to Block Captains as needed. The Board or its agent reimburses the Neighborhood Watch Coordinator for printing and assembly expenses.
The Neighborhood Watch Coordinator delivers the current Welcome Packets to Block Captains as needed.
Review and Revision of Welcome Packets
The Newsletter Editor reviews and revises, as needed, the Welcome Packet after each Annual Members Meeting, and after other significant changes of information. The Newsletter Editor submits the revised Welcome Packet to all Directors for review, preferably by email.
Directors review the revised Welcome Packet and either approve or indicate revisions. Directors return approval or revisions to the Newsletter Editor, preferably by email with copies to each Director.
The Newsletter Editor revises as appropriate. The Newsletter Editor prints one master copy of the Board-approved Welcome Packet and delivers it to the Neighborhood Watch Coordinator for printing and distribution.
Guidelines for Welcoming New Homeowners