QVLOA Minutes 20061113

Quail Valley Lot Owners Association, Inc. Board of Directors Meeting Monday, November 13, 2006 Minneola City Hall, Minneola, FL Minutes
Note: This meeting was recorded in its entirety. Homeowners may apply to listen to the recording by contacting the Board President, Matt Earnest, at 352-394-0842, or by e-mail: m44c39@earthlink.net.
The meeting was called to order at 7:00 p.m., a quorum being satisfied with all Board members being present: Matt Earnest, David Yeager, Nancy Jackson, Ricardo Burke, and Francine Scocca. Mr. Earnest announced that there had been proper notification of the meeting via publication on the Association’s website. Mr. Earnest prefaced the meeting with an announcement that the monthly Board meeting agenda was now being published online well in advance of each meeting, and that the meeting would be limited to the published agenda except for any emergency issue. Non-emergency issues which homeowners wish the Board to address should be handled by utilization of a new form, which the homeowner is to fill out and submit to the Secretary in advance of a Board meeting in order to provide time for the Board to confer with the homeowner, research the issue, and render a good decision about the issue. This action had been taken in order to expedite the meetings. There would still be a “Homeowners Forum” at the beginning of each Board meeting where homeowners could speak on any issue. The Homeowner's Forum raised issues about problems with Boykin Construction on the new Walgreen’s site; about tree and brush clearing near Grassy Lake; about how the new Walgreen’s site would affect traffic flow in the Quail Valley right-of-way; and about the placement of a small Association sign, which a homeowner, Mr. Pablo Gomez, has agreed to allow on his property at the southeast corner of Southern Breeze and Cherry Laurel Sts. The minutes of the previous Board meeting were approved unanimously without discussion. Mr. Earnest announced that the printed minutes were extracted from a recording of the meeting, which was available for review. Mr. Earnest announced that there would be two agenda changes under New Business, the first concerning a metal shed at 414 Valley Edge owned by Mr. Burke, a Board member; and the second concerning a loose pit bull on Valley Edge that was posing an immediate threat to the well-being of neighbors. The current meeting agenda was approved as written by unanimous vote of the Board, with the two changes just described. In the President's Report, Mr. Earnest announced that he had taken over management of the Association. He is changing how management is run, with more personal contact, and less threatening letters in matters of rule violation. He conducts inspections of the development twice a week, two in the daytime and one in the evening. He estimates that 80% of problems can be solved by talking with homeowners. If homeowner is not available, a doorhanger is used. If no correction of the violation occurs after about a week, a series of letters starts, ranging from a courtesy reminder to a formal notice of infraction with reference to specific DCCR rules and regulations. Mr. Earnest is attempting to solve problems without the involvement of the attorney, and urged homeowners to notify him of problems they notice. The Financial Report disclosed that $22,000.00 has not yet been paid on 2006 dues, that seven homeowners have been served with notices of foreclosure and that another ten would go into foreclosure within the following two weeks. On Nov. 15, 2006, 2007 Association dues notices will go out, with payment due date of Jan. 1, 2007. Mr. Earnest announced that the Association was working closely with a certified public accountant on dues notices. All financial documents from PCM had been gathered and turned over to a new accounting firm. Mr. Earnest stated that he had hired a secretary to help with office work. He called for a motion to accept the prior termination of Premier Community Managers (PCM) as the Association’s management agent. There was a motion and a second, the the Board unanimously accepted the termination of PCM. There followed a discussion about the new accounting company, Assured Accounting (AA). Mr. Earnest stated that this company had been hired on a monthly basis for $1,000.00 a month until Jan. 1, 2007, and that a yearly contract would then be negotiated. AA has briefly reviewed PCM records and has so far found no discrepancies. AA writes all checks for bills, but the board signs the checks. Mr. Burke stated that AA's charges are customary for type of work they are doing for QVLOA. There was a motion and a second to hire AA for the two remaining months of 2006. Business next turned to approval of committee memberships. Mr. Earnest explained that the Board was obligated to approve committee memberships, and that members served on committees at the pleasure of the Board. The three committees up for discussion, and their proposed membership, were as follows: Nominating Committee – Elisa Stratton, Frederick Wood, Robert Dempsey, Jeffrey Luck Audit Committee – Cindy Hagman, Jeffrey Luck Architectural Review Committee (ARC) – George David, Jean Gibson, David Chenevert, Robert Dempsey, Jeffrey Luck There ensued a brief discussion of state law regarding the right of non-resident homeowners having the right to vote and serve on a committee. Mr. Earnest cautioned that there is legal precedent for non-resident homeowners having the same rights to vote and serve on committees as resident homeowners, and he offered to consult the attorney on this issue. In defense of non-resident homeowners serving, it was stated that the ARC does not set policy on how community looks, that the Board sets policy, so a non-resident homeowner can do nothing to harm the community. Mr. Yeager stated that the Board needed to obtain a legal opinion to resolve the issue for good, and thereupon discussion and approval of ARC membership was unanimously tabled by the Board until the following Board meeting. There was a motion and a second to accept the Nominating & Audit Committees, with unanimous Board approval. The first matter of New Business concerned the metal shed erected by Board member Ricardo Burke. It was announced that Mr. Burke had requested Board determination whether his shed would be allowed or prohibited. There was considerable animated discussion concerning 1) the DCCR rule which specifically states that metal sheds are not allowed; 2) the probability of getting all metal sheds removed if the rule is allowed to stand; and 3) legal issues pertaining to enforceability of the rule. After repeated calls for a motion this issue, the Board unanimously moved to table the issue until the attorney could render a legal opinion on the issues. New business issues continued with a discussion of the dilapidated condition of the dock. Mr. Earnest noted that it was being vandalized almost on a weekly basis, and that there are safety concerns for people using the dock. It was up to the Board to fix the dock or remove it. Mr. Yeager noted that the dock provides protection from alligators for people who want to fish or walk out over the lake, and further that the Association automatically repairs other property which is vandalized, such as park benches. Mr. Earnest noted that the lack of lighting in the area allows vandalism to occur unseen, and that Progress Energy has a program to erect lighting for a nominal fee and then maintain it at its own expense, and that lighting would probably deter vandalism. The Board was divided in opinion, with three members in favor of fixing the dock, one opposed, and one with no definite opinion. The Board then polled the audience. Six attendees voted in favor of fixing the dock, and three to tear it down. In Board discussion, Mr. Yeager stated that the repair should include new composite wood products which would prove more durable than real wood. It was motioned and seconded, with unanimous favorable vote that management obtain an appraisal for dock repair. Further new business concerned enforcement of the Association’s rules & regulations, and Board members received a handout listing items for discussion and approval. Mr. Earnest emphasized that the Association currently has no means of penalizing homeowners violations of the rules & regulations, and that fining is an acceptable way to accomplish this. He mentioned that Ms. Scocca has been doing research regarding the use of small claims court for violators who refuse to pay fines. Two kinds of fines were proposed, $25.00 for small infractions, $50.00 for more serious infractions. It would be up to the Board to decide the degree of infraction by a simple Board majority. Violators would have the right to plead their case before board for due process. It was motioned and seconded to adopt the enforcement procedures, with unanimous Board approval following. There was further discussion on several other points, including whether Association dues must be paid up in order for a homeowner to run for committee or Board membership, and provision for landlords to provide a copy of their City of Minneola rental license to the Association, along with proof of a property management contract. There was a motion to adopt these rules, and a second, with unanimous Board approval following. The final item of new business concerned the vicious dog on Valley Edge, a loose pit bull which was chasing residents and posing an immediate threat to the well-being of residents. There was some discussion of remedies, including calling Animal Control and placing repeated calls to the Sheriff’s Department. Mr. Earnest suggested fining the homeowner immediately in order to remedy the problem as quickly as possible. There was motion and a second for management to move on this issue as quickly as possible. The meeting was adjourned at 8:37 p.m.

Quail Valley Lot Owners Association, Inc.

Board of Directors Meeting
Monday, November 13, 2006
Minneola City Hall, Minneola, FL
Minutes

Note: This meeting was recorded in its entirety.
Homeowners may apply to listen to the recording by contacting the Board President, Matt Earnest, at 352-394-0842, or by e-mail: m44c39@earthlink.net.

The meeting was called to order at 7:00 p.m., a quorum being satisfied with all Board members being present: Matt Earnest, David Yeager, Nancy Jackson, Ricardo Burke, and Francine Scocca. Mr. Earnest announced that there had been proper notification of the meeting via publication on the Association’s website.

Mr. Earnest prefaced the meeting with an announcement that the monthly Board meeting agenda was now being published online well in advance of each meeting, and that the meeting would be limited to the published agenda except for any emergency issue. Non-emergency issues which homeowners wish the Board to address should be handled by utilization of a new form, which the homeowner is to fill out and submit to the Secretary in advance of a Board meeting in order to provide time for the Board to confer with the homeowner, research the issue, and render a good decision about the issue. This action had been taken in order to expedite the meetings. There would still be a “Homeowners Forum” at the beginning of each Board meeting where homeowners could speak on any issue.

The Homeowner's Forum raised issues about problems with Boykin Construction on the new Walgreen’s site; about tree and brush clearing near Grassy Lake; about how the new Walgreen’s site would affect traffic flow in the Quail Valley right-of-way; and about the placement of a small Association sign, which a homeowner, Mr. Pablo Gomez, has agreed to allow on his property at the southeast corner of Southern Breeze and Cherry Laurel Sts.

The minutes of the previous Board meeting were approved unanimously without discussion. Mr. Earnest announced that the printed minutes were extracted from a recording of the meeting, which was available for review.

Mr. Earnest announced that there would be two agenda changes under New Business, the first concerning a metal shed at 414 Valley Edge owned by Mr. Burke, a Board member; and the second concerning a loose pit bull on Valley Edge that was posing an immediate threat to the well-being of neighbors.

The current meeting agenda was approved as written by unanimous vote of the Board, with the two changes just described.

In the President's Report, Mr. Earnest announced that he had taken over management of the Association. He is changing how management is run, with more personal contact, and less threatening letters in matters of rule violation. He conducts inspections of the development twice a week, two in the daytime and one in the evening. He estimates that 80% of problems can be solved by talking with homeowners. If homeowner is not available, a doorhanger is used. If no correction of the violation occurs after about a week, a series of letters starts, ranging from a courtesy reminder to a formal notice of infraction with reference to specific DCCR rules and regulations. Mr. Earnest is attempting to solve problems without the involvement of the attorney, and urged homeowners to notify him of problems they notice.

The Financial Report disclosed that $22,000.00 has not yet been paid on 2006 dues, that seven homeowners have been served with notices of foreclosure and that another ten would go into foreclosure within the following two weeks. On Nov. 15, 2006, 2007 Association dues notices will go out, with payment due date of Jan. 1, 2007.

Mr. Earnest announced that the Association was working closely with a certified public accountant on dues notices. All financial documents from PCM had been gathered and turned over to a new accounting firm. Mr. Earnest stated that he had hired a secretary to help with office work. He called for a motion to accept the prior termination of Premier Community Managers (PCM) as the Association’s management agent. There was a motion and a second, the the Board unanimously accepted the termination of PCM.

There followed a discussion about the new accounting company, Assured Accounting (AA). Mr. Earnest stated that this company had been hired on a monthly basis for $1,000.00 a month until Jan. 1, 2007, and that a yearly contract would then be negotiated. AA has briefly reviewed PCM records and has so far found no discrepancies. AA writes all checks for bills, but the board signs the checks. Mr. Burke stated that AA's charges are customary for type of work they are doing for QVLOA. There was a motion and a second to hire AA for the two remaining months of 2006.

Business next turned to approval of committee memberships. Mr. Earnest explained that the Board was obligated to approve committee memberships, and that members served on committees at the pleasure of the Board. The three committees up for discussion, and their proposed membership, were as follows:

Nominating Committee – Elisa Stratton, Frederick Wood, Robert Dempsey, Jeffrey Luck

Audit Committee – Cindy Hagman, Jeffrey Luck

Architectural Review Committee (ARC) – George David, Jean Gibson, David Chenevert, Robert Dempsey, Jeffrey Luck

There ensued a brief discussion of state law regarding the right of non-resident homeowners having the right to vote and serve on a committee. Mr. Earnest cautioned that there is legal precedent for non-resident homeowners having the same rights to vote and serve on committees as resident homeowners, and he offered to consult the attorney on this issue. In defense of non-resident homeowners serving, it was stated that the ARC does not set policy on how community looks, that the Board sets policy, so a non-resident homeowner can do nothing to harm the community. Mr. Yeager stated that the Board needed to obtain a legal opinion to resolve the issue for good, and thereupon discussion and approval of ARC membership was unanimously tabled by the Board until the following Board meeting.

There was a motion and a second to accept the Nominating & Audit Committees, with unanimous Board approval.

The first matter of New Business concerned the metal shed erected by Board member Ricardo Burke. It was announced that Mr. Burke had requested Board determination whether his shed would be allowed or prohibited. There was considerable animated discussion concerning 1) the DCCR rule which specifically states that metal sheds are not allowed; 2) the probability of getting all metal sheds removed if the rule is allowed to stand; and 3) legal issues pertaining to enforceability of the rule. After repeated calls for a motion this issue, the Board unanimously moved to table the issue until the attorney could render a legal opinion on the issues.

New business issues continued with a discussion of the dilapidated condition of the dock. Mr. Earnest noted that it was being vandalized almost on a weekly basis, and that there are safety concerns for people using the dock. It was up to the Board to fix the dock or remove it. Mr. Yeager noted that the dock provides protection from alligators for people who want to fish or walk out over the lake, and further that the Association automatically repairs other property which is vandalized, such as park benches. Mr. Earnest noted that the lack of lighting in the area allows vandalism to occur unseen, and that Progress Energy has a program to erect lighting for a nominal fee and then maintain it at its own expense, and that lighting would probably deter vandalism. The Board was divided in opinion, with three members in favor of fixing the dock, one opposed, and one with no definite opinion. The Board then polled the audience. Six attendees voted in favor of fixing the dock, and three to tear it down. In Board discussion, Mr. Yeager stated that the repair should include new composite wood products which would prove more durable than real wood. It was motioned and seconded, with unanimous favorable vote that management obtain an appraisal for dock repair.

Further new business concerned enforcement of the Association’s rules & regulations, and Board members received a handout listing items for discussion and approval. Mr. Earnest emphasized that the Association currently has no means of penalizing homeowners violations of the rules & regulations, and that fining is an acceptable way to accomplish this. He mentioned that Ms. Scocca has been doing research regarding the use of small claims court for violators who refuse to pay fines. Two kinds of fines were proposed, $25.00 for small infractions, $50.00 for more serious infractions. It would be up to the Board to decide the degree of infraction by a simple Board majority. Violators would have the right to plead their case before board for due process. It was motioned and seconded to adopt the enforcement procedures, with unanimous Board approval following.

There was further discussion on several other points, including whether Association dues must be paid up in order for a homeowner to run for committee or Board membership, and provision for landlords to provide a copy of their City of Minneola rental license to the Association, along with proof of a property management contract. There was a motion to adopt these rules, and a second, with unanimous Board approval following.

The final item of new business concerned the vicious dog on Valley Edge, a loose pit bull which was chasing residents and posing an immediate threat to the well-being of residents. There was some discussion of remedies, including calling Animal Control and placing repeated calls to the Sheriff’s Department. Mr. Earnest suggested fining the homeowner immediately in order to remedy the problem as quickly as possible. There was motion and a second for management to move on this issue as quickly as possible.

The meeting was adjourned at 8:37 p.m.

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