Berington Club Homeowners Association, Inc.

Berington Club H.O.A. Meeting Minutes: Feb., 2001

2-13-01, 7:00PM, 277 Meadown Beauty Terr., Sanford, Fl.

BERINGTON CLUB HOMEOWNERS ASSOCIATION, INC.
Board of Directors Meeting
February 13, 2001

Minutes

The meeting was called to order by Stuart Jones, President of the Association at 7:00pm. A quorum was established with the presence of Stuart Jones, Vincent Murray and Frank Grosch. Also present was Mickey House Association Manager from Attwood-Phillips and Paul Wean, Association attorney.

The floor was opened to Paul Wean for a number of issues. Paul presented a proposed Developer’s Assignment that would assign the developer’s rights for installing irrigation wells to the Association. Mickey will forward it to Beazer Homes for their approval.
Paul was asked the definition of single-family. Paul indicated that it would be very difficult to define without a specific definition in the documents and suggested an amendment that would possibly limit the number of residents in a particular house.
A question came up about how to enforce covenant infractions. Paul suggested a written notice with a chance to remedy and then turn the matter over him to pursue. His initial letter costs $130 and usually does not seek reimbursement unless the issue goes to a lawsuit. Eyewitness testimony is a major factor in a successful suit.
Paul will draft an affidavit so that the Bylaws can be recorded.
Collections. Paul mentioned that the Board has a fiduciary responsibility to the members of the Association, including the collection of all assessments. The Association’s Declaration does allow for liening for unpaid assessments and the ultimate foreclosing of that lien. Paul suggested that the lien itself is not very valuable without the intention of foreclosure. His fees for this action are capped at $900 per case should the Association lien and not foreclose. Association claims of lien are junior to mortgage foreclosures.
Paul suggested insurance be always adequately kept in force for general liability and directors & officers liability.

Developer Punch List
Concerning condition of roads and periodic inspections. Paul suggests engaging an engineer for this purpose. The Board has fulfilled its fiduciary responsibility by relying on information from experts in their respective fields. The most common used in associations are association manager, CPA, attorney, insurance and architect/engineer.
The issue of poor landscaping was asked. Is there any recourse against the developer for better plant material? Paul said it is very difficult to collect on inferior landscaping. Paul suggested the hiring of a professional arborist to make a determination of any potential or existing landscape problems.
Paul also said that Beazer Homes probably did not promise a perfect community and that some of the aesthetic problems in the community may or may not be resolved by Beazer.
Paul suggesting hiring an engineer to determine the condition of the storm water drainage system.
Paul also suggested contacting the Fire Department to see if they have a problem with a leaning fire hydrant. If it’s functional, there may not be an issue.
Committees. Committees work at the Board’s direction and usually work to advise the Board on issues.
Paul was thanked for his time and excused from the remainder of the meeting.

Minutes
Frank motioned to accept the minutes from the last meeting as presented. Vince seconded the motion. All were in favor.


Miscellaneous
Insurance was bound with Hillcrest Insurance since Nationwide could not offer a true “agreed upon value” coverage.
An special gate code was provided to Barry Smith to disseminate to respective EMS organizations for emergency access.
A bulletin board was installed in front of the gazebo.
Mickey has ordered a chemical that is supposed to clean off he white stains on the brick walls.
Considering Paul’s comments about committees, Stuart suggested that the Architectural Control Committee retain its decision-making authority and that an appeal process to the Board of Directors should be resolved.

Landscaping
Diana Smith commented that there was a meeting with Eden Landscaping, Prostaff, Mickey House and the Landscape Committee last week. Issues addressed were the fertilizing of the palms, installation of annuals and replacing certain plant material that would be more conducive to the environment. Also a determination needs to be made on who retains ownership of the southeast corner of Climbing Rose and Southern Magnolia and that this corner should be relandscaped.
Result – Eden will give Mickey a list of recommendations.

Financial Report
Frank suggested moving a portion of their operating funds into a money market account to earn more interest. Stuart motioned that Frank be authorized to accomplish this task. Vince seconded the motion. All were in favor.

There being no further business to discuss, at 9:20pm Frank motioned to adjourn the meeting. Vince seconded the motion. All were in favor.

Respectfully submitted,



Frank Grosch, Secretary
Berington Club Homeowners Association, Inc.

2-20-01, 7:00PM, Lake Sylvan Sports Complex, Sanford, Fl.

To be posted when transcribed...

2-20-01, After Annual, Lake Sylvan Sports Complex, Sanford, Fl.

BERINGTON CLUB HOMEOWNERS ASSOCIATION, INC.
Board of Directors Meeting
February 20, 2001

Minutes

The meeting was called to order by Stuart Jones, President of the Association immediately after adjournment of the annual meeting. A quorum was established with the presence of Stuart Jones, Vincent Murray, Barry Smith and Frank Grosch. Also present was Mickey House Association Manager from Attwood-Phillips. Absent was Diana Smith who was out of town.

Barry motioned that: Frank continues to serve as Secretary/Treasurer, Stuart continues to serve as President and that Vince continues to serve as Vice President. Vince seconded the motion. All were in favor.

The following directors will be liaisons with the listed committees: Vince – Social, Barry – Communications, Stuart - Nominating, Frank – Architectural Control Committee, Diana – Landscaping.

Members of the committee will be determined at the next board meeting scheduled for Tuesday, February 13.

There being no further business to discuss, Barry motioned to adjourn the meeting. Frank seconded the motion. All were in favor.

Respectfully submitted,



Frank Grosch, Secretary
Berington Club Homeowners Association, Inc.