Quail Valley Lot Owners Association, Inc.

Board of Directors Meeting
Monday, September 10, 2007
Minneola City Hall, Minneola, FL
Minutes
The meeting was called to order by President Ivelaw Gibson at 7:03 p.m.

It was noted that five (5) board members were present to have Quorum. The following board members were present: Ivelaw Gibson, David Yeager, Fred Wood, Amy Deering and Pattie Guerriero. Also present were Rak Sharma, Karen Swingle and Guy Gabaldon from EPM Services.

Ivelaw Gibson made a motion to approve the minutes from August 13, 2007. Pattie Guerriero seconded. Unanimous Vote.

The notification of this meeting had been posted on the website as well as a sign posted in the entry way.

Walgreen's Update
Ivelaw stated that since the last meeting the board had received letters from Rock Properties. Ivelaw turned the discussion over to David Yeager.

David said that Walgreen’s attorney called today and they want papers back as soon a possible, so they can get their plans submitted to the City on Thursday.

Ivelaw stated that he would like to post the letters in the website. These letters state that Walgreen’s will be taking down our existing sign, and replace it with a new one. The new sign will be moved, as well as our well that we have been using. Then Walgreen’s will be deed the land over to us.

Amy Deering asked David whether or not the city ordinances will allow for the well to be moved. David stated that new wells are no longer allowed in the City and that Walgreen’s will have to figure out how to make provisions to Quail Valley. David stated that he does not want to have to see our community have to pay for water.

There is another letter from the head of Walgreens, when she met with the City back in May stating that she had already agreed to everything that new letter to the City had stated.

The City just received a grant in the amount of $140,000.00 for landscaping of the City.

Amy asked David if the City would consider buying some of our trees from us before they get ripped out and die.

David stated that Walgreen’s is about forty (40) to fifty (50) days away from permits from the city.

Jennifer Bode asked if Walgreens could pay Quail Valley back the money that we have been paying to maintain the landscaping.

Ivelaw made a Point of Order. He stated that there are sign in sheets and that additional issues not covered in the meeting will be addressed during the Homeowners Forum.

Wastewater Treatment Plant (WWTP)
Ivelaw asked David to address this topic.

David stated that we have been on the City Sewer system for nine (9) days now.

The City has a proposal for the breakdown and decon of the plant in the amount of sixteen thousand dollars ($16,000.00). This is a little upsetting because the original estimate that the City received was for eight thousand dollars ($8,000.00). The City still has not heard anything from Mack Concrete.

Nothing from our sewage plant is salvageable. Only thing that is working are the blowers and some of the transformers. The blowers are worth about five to seven thousand dollars ($5,000.00 - $7,000.00).

David suggested that we clean and decon the system and let it sit while we try to figure out what to do.

Jennifer Bode suggested that we try to get Banyan to pay for the removal of everything.

Fred Wood suggested that we might want to have the attorney take a look at paperwork and see if there is anything can be done.

Pattie Guerriero made a motion to have the attorney look at the papers that Jennifer Bode presented stating the removal was Banyan’s responsibility. Amy Deering seconded it. Unanimous Vote.

Karen Swingle stated that she has a call in to have the trailer removed so we can stop paying the rent on that.

EPM Report
General
Rak stated that the HOA is about forty thousand dollars ($40,000.00) outstanding and back dues.

When they did their last drive thru of the community, things were looking better. Rak stated that there will always be a percentage of homeowners that will never comply with the by-laws.

Rak also stated that the Board of the Association makes all decisions. EPM does not.

The new landscaper is Ground Reserve.

Amy stated that the retention pond on South Grassy Lake Road is not being completely taken care of. The back portion of this retention pond is all overgrown. Rak stated that he will speak to John at Ground Reserve and have it taken care of.

David stated that he will get another set of paperwork with cite maps of Quail Valley’s common areas.

Rak asked the residents to please contact Karen and if need be to copy him on anything.

David stated that there is not enough money in the City’s budget this year for speed tables. But the money should be there next year. The next year begins in October.

The decision for the budget of 2008 is up the board — it is a majority vote. EPM will put everything before the Board.

In terms of legality there have to be two (2) separate meetings. Both meeting can be held on the same day but they must be two (2) separate meetings. The annual meeting as well as the budget meeting will be Monday, October 15, 2007 at 6:30 p.m.

We will hold the budget meeting first. The Board will open the meeting. Take minutes and close the meeting and then continue at 7:00 p.m. with the annual meeting.

Rak clarified the difference between By-laws and Declaration. The By-Laws are what tell us how to run the HOA. The Declaration is the rules and regulations that must be followed and adhered to. Neither one of these was ever filed with the courts or the state.

Since neither have been filed with the court we must do so as soon as possible. Clayton & McCulloh will do this for us. To file the paperwork with the court will cost us two hundred dollars ($200.00) to three hundred dollars ($300.00). In addition Clayton & McCulloh will be charging us ten dollars ($10.00) for the first page and then eight dollars ($8.00) for each additional page. The whole process will take anywhere from two (2) to three (3) weeks.

Rak reminded everyone that all the board members are up for re-election. Homeowners can nominate people on the day of the meeting as well. We need three (3) to five (5) directors to sit on the board. After the new board is elected the new members have to have an organizational meeting within ten (10) days to determine who will hold what positions.

A Nominating Committee will be appointed soon after the election to get started for the following year, 2008 election.

Financials
Guy Gabaldon led the conversation.

According to the financial we have roughly fifty four thousand dollars ($54,000.00) in our checking account and Certificates of Deposit. That is money available to us. If we go thru thirty three thousand dollars ($33,000.00) we can cash in the Certifcates of Deposit.

Guy stated that once we cash in the CD’s that he can get us a rate at Regions bank, if we want to move them there, of 5.25% interest. In addition there will not be a penalty for early withdrawal.

Pattie Guerriero made a motion to move the CD’s to Regions bank. Amy Deering seconded. Unanimous Vote.

Guy stated that he might be able to get a better rate of 5.45% within the next two (2) to three (3) weeks.

In the month of August we spend sixteen thousand six hundred thirty nine dollars and fifteen cents ($16,639.15). But ten thousand eight hundred ten dollars ($10,810.00) of that was for sewer operations. Effective immediately about twelve thousand dollars ($12,000.00) in expenses will be going away, so we will be spending more like four to five thousand dollars ($4,000.00 - $5,000.00) a month.

In our Accounts Receivable (money outstanding) we are down slightly from last month (July). There were ninety seven (97) accounts that were past due for a total of about thirty eight thousand dollars ($38,000.00). This last month we dropped that to ninety four (94) accounts for a total of about thirty six thousand dollars ($36,000.00). It has been about one thousand four hundred dollars ($1,400.00) that has been collected.

A memo was found in our file with EPM instructing the old accountant to charge fifty dollars ($50.00) for a late fee. However, none was ever charged, so EPM did. This is a onetime charge.

Our By-lays are not very clear on this subject. According to our by-laws we can charge a fee, but it is not specific to what the amount is, it states that the Board can make that determination.

If a resident does not agree with the fifty dollars ($50.00) charge they can appeal to the Board and the final decision will be up to the Board.

The preliminary budget for 2008 is done. However, it is by NO means ready to be discussed during this meeting. It needs to be discussed with the board first.

The budge has no provisions for reserves. There are no legal requirements, but it is not smart.

The board will set up a date for Guy and Karen to come in and speak with the Board to discuss the budget.

Ivelaw wanted to address quarterly payments. If this is something we decide to go ahead and do then there is no money up front for bills to get paid.

Amy asked, as well as Jennifer Bode if this is something that we could adopt, Ivelaw stated that when we all bought our houses, we knew that it was going to be thirty three dollars ($33.00) month for HOA fees, and that was it. Amy responded by saying that people’s lives change as well as their circumstances, whether they get sick or lose their jobs. Ivelaw would not entertain the subject

Residents can go online at epmservices.com and pay our dues.

At the annual meeting the board will discuss payment options for next year. In addition, EPM will discuss the possibility of automatic withdrawal from bank accounts if that is something the residents are interested.

Jean Gibson asked with the ninety four (94) accounts that are past due, how are we going to get the money and how are we going to keep up with the new dues.

Guy will send a letter with fee and if nothing is done in forty five (45) days, there will be more money assessed for the LIEN process to begin, the possible foreclosure. Very few houses actually foreclose.

Amy stated that new state statutes do not allow a home to be foreclosed on.

Quail Valley has a house in foreclosure for $439.00.

When Quail Valley gets to the point of putting a LIEN on a house, the Board has to make sure that the property is a candidate for a lien and then discuss everything. We have to see what else is owed to the bank and other monies that may be owed out, to see if it is even worth it, so we don’t lose money that will be spent on paperwork.

Board of Directors Election
Ivelaw stated that the Board of Directors and annual meeting will be next month, October.

Anyone can run for the Board. EPM will send out letters.

Homeowners can be present at the budget meeting; however it is not an open meeting.

President's Report
The park was vandalized in June. The kid that did the damage has paid the association back the money that was spent to make the repairs, as well as wrote a formal apology to the Board and the association.

Welcoming Committee
Ivelaw asked what is going on with this committee.

Barbara Feger responded by saying that the committee can not welcome new residents to the community if they do not know who it is that they are to be welcoming.

David Yeager stated that he, as the Mayor; gets a new customer list from the City. When someone new moves into Minneola, they have to turn on their water whether they are a resident or a commercial facility. He gets a new list every Saturday. He will pass it to the Welcome Committee when he is done with it. The list will also let the committee know who is an owner vs. a renter.

Ivelaw stated that a “NO SOLICITING” sign will be seventy dollars ($70.00) to put in the middle of the entryway. He wanted to know if this is something we are still interested in doing.

Ivelaw Gibson made a motion to get the “No Soliciting” sign. Motion was seconded by Amy Deering. Unanimous Vote.

Homeowners Forum
Donna DiGennaro of 219 Gentle Breeze Drive asked if she needs to get approval from the ARC in order to put gutters and downspouts on her house. John Dole of the ARC stated that she did not need to get permission.

John Flowers of 832 Whisper Sound had a question or comment about dues; however he had left so this could not be addressed.

B. Boyce of 832 Shore Breeze had a question about the possibility of a crosswalk being added to the intersection at the top f the hill at both 561 and US Highway 27 and Southern Breeze and US

Highway 27. David Yeager stated that the City will call Department of Transportation (DOT) and look into this. Ms. Boyce also wanted to discuss what was going to be happening to the trees at out entrance. This was previously discussed in the meeting, so it was not addressed again.

Jennifer Bode of 621 La Costa Street wanted to discuss the WWTP. As discussed earlier in the evening, Jennifer was able to find paperwork stating that Banyan is responsible for the dismantling of our sewage station. Therefore they should be held responsible. The Board will speak to our attorney and see what we can do to get Banyan to take care of their responsibilities.

John Dole of 337 Trade Wind Drive wanted to discuss the budget and where we stand on finances, the removal of the trees in the entrance. Since this was previously discussed John had asked the Board if we know what the house on Valley’s Edge going up for auction was starting at. Someone in the audience stated that they believed that the starting bid would be twenty five thousand dollars ($25,000.00).

Jean Gibson of 455 Gentle Breeze Drive had a question regarding how we are going to be handling delinquent homeowners. This was previously discussed, so it was not addressed again.

A motion was made by Pattie Guerriero to adjourn the meeting. Amy Deering seconded the motion. Unanimous Vote.

Meeting was adjourned at 9:32 p.m.
Respectfully submitted,
Pattie Guerriero, Secretary

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Posted October 8, 2007.

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