Berington Club Homeowners Association, Inc.

Berington Club H.O.A. Meeting Minutes: Oct., Nov., 2001

Berington Club H.O.A. Meeting Minutes: October 3rd, 2001

BERINGTON CLUB HOMEOWNERS ASSOCIATION, INC.
Board of Directors Meeting
October 3, 2001 – 7:00 PM
Stuart Jones Residence
MINUTES



President Stuart Jones called the meeting to order at 7:05 PM.

A quorum of the Board was present as follows: Frank Grosch, Stuart Jones, Vincent Murray, Diana Smith and Barry Smith. Janice Armstrong represented Attwood Phillips.

Five homes were represented with David Miller, Peter Ingrassia, Bob Frittelli, Richard Fryer and Carlos Galaza present.

A motion was made and passed to accept the corrected minutes of the previous meeting.

The Management Report was reviewed and accepted by the Board.

Community signage was discussed. Stuart reported that he’d received word from the county that in addition to the stop signs, the other street signs would need to be raised. 2 stay-right and 2 speed limit signs to be done. Both Janice and Vince will procure quotes and Stuart will determine what contractor is to be used.

Cosco matter was discussed. Janice reported that no word had been received form the owner’s Doctor regarding the son’s condition. The Board requested that a last request be sent, certified, return receipt, with a fifteen day response requested of the owner and enclosing the last letter and copying the Association’s attorney.

323 Bellington – The shed has been removed. The shed on Meadow Beauty has also been removed.

323 Savannah Holly Lane – owner had not painted the fence after months of warnings. The Board elected to have the matter turned over to the Association’s attorney.

Miller commercial vehicle violation seems to have been resolved.

Blue reflectors are needed in front of the fire hydrants throughout the community. Management will order and have installed. A red reflector is also needed on the exit side of the gate.

A preliminary overview of the expenses for year 2002 was delivered t the Board by Management. The Board agreed to meet on October 17 to finalize. Janice was asked to email the excell version to the Board.





Berington Club
October 3, 2001
Page Two

Gates
Janice reviewed the repairs to the gate system after lawn crews destroyed the access equipment column. All repairs had been completed and the billing sent to the contractor. The gates had already been damaged again after the repairs to the actual gates had just been completed. Management was asked to investigate whether there is enough room to have a gate arm system installed outside the large metal gates. Barry offered to redesign a bumper system to be added to the front gates as a deterrent as well.

Financial Report
Frank delivered the report in detail. The Association had $95. In income in August, Utilities were $700 under budget for the year. At year-end the Association should be at break even.

Diana made a motion to transfer $530 from the sign reserve to help pay for the signage project. Motion was seconded and carried.

Frank asked the Board to provide their input for the 2002 budget through email.

The Board elected to have taxes filed by an independent CPA. Stuart and an outside party will audit the financials for 2001.

Insurance
Janice advised that notification had been received that the D & O insurance was not being renewed due to the TOT LOT. The agent will be contacted for an explanation. All policies will be pulled for analysis. AP to draft a specification for bidding the entire insurance package.

COMMITTEE REPORTS
ARB – Had not met yet.
4 applications are pending – nothing controversial.
ARB Standards were discussed at length. The attorney advised that the standards were too vague. Management was asked for samples from other communities. The Attorney, Paul Wean’s comments regarding the Shed and Play-set amendments were reviewed. Wording was reviewed. The Board agreed to create separate issues of Basketball hoops and Play-sets.

Diana made a motion seconded by Vince to have Stuart work out the final language with the attorney to be reviewed by the Board before mailing to the community.

Janice will send a copy of the Welcome Package to Vince.








Berington Club
October 3, 2001
Page Three

Landscape Committee
Diana reported that the irrigation project had been completed under budget, even though the zones worked on ere changed from the original plan. Front beds were done first to support flowers, rain sensors were added, per the requirements of state law, and a new clock will not be needed at this time, as previously believed.

Motion was made, seconded and carried to contract Jason Hayes to do bushhogging around the lakes and retention ponds for $250 per cut. Work to be scheduled in two weeks.

Mr. Van will be asked about vandalism on the newly fixed light fixtures.

The landscaper will be asked to pay special attention to the entry and the gatehouse when on site.

AP to contact Bell South to remove abandon telephone line at the end of the wall at the front of the property.

Desilting was discussed. The Board agreed that there had been very little in the way of flooding in the community. The County would be inspecting the community with Beazer to identify any problem in the near future, and Stuart suspected that the sign-off would come after that time. Once the wall report is completed by HB Associates, the Board will consider retaining them to inspect the storm water drainage system.

Stuart agreed to review the sheriff’s agreement to ensure that no more sign work would be necessary after the last signs are raised.

Barry reported that the newsletter is now going to two pages. The Board relayed several positive comments on the last newsletter.

The Board stated that many very positive comments had been received about the gates, which had been painted by Mr. Van. Janice will advise Mr. Van that the Board agreed to move forward with painting the balance of the gate system, if he is willing.

The next Board meeting will be held on Tuesday, October 16 to finalize the Budget.

The subsequent meeting will be held Tuesday, November 6.

There being no further business, the meeting was adjourned at 9:50 PM.

Respectfully Submitted, Accepted by,


Janice Armstrong for the Association
Attwood-Phillips

Berington Club H.O.A. Meeting Minutes: October 16th, 2001

BERINGTON CLUB HOMEOWNERS ASSOCIATION, INC.
Board of Directors Meeting
October 16, 2001

Minutes

The meeting was called to order at 7:00 p.m. by Stuart Jones, President of the Association. A quorum was established with the attendance of all members, including Stuart Jones, Vince Murray, Frank Grosch, Barry Smith and Diana Smith. Janice Armstrong, Association Manager from Attwood-Phillips, was unable to attend.

The reading of the minutes of the prior meeting was waived by consensus of the members.

Stuart Jones recommended to the board that all the business of this special meeting be confined to review of the proposed budget for 2002 and one appeal of a decision by the Architectural Review Committee. The board unanimously concurred.

Frank Grosch, Chair of the ARC, summarized the committee’s decision to allow the construction of a fence by David and Risa Katz, on condition that it be painted (later clarified to be stained) white within 120 days. The Katzes appealed the staining requirement and challenged the ARC's legal authority to enforce the requirement to stain in the absence of either a community or board vote to require such staining. After much discussion by the Katzes and the board about the ARC’s lack of written guidelines and its authority, Stuart Jones referred the Katzes (both attorneys or attorneys to be) to Florida Statute 617.0825, which provides for non-profit corporations to delegate board authority, with limited exceptions that do not apply to this situation, to committees created by the board. Stuart Jones also confirmed to the Katzes that the ARC was delegated authority to create and enforce architectural guidelines by the board, subject to the right of appeal to the board, by means of a formal resolution, unanimously adopted. Stuart Jones also indicated that there had been consistency in all decisions of the ARC and board, particularly in relation to the staining of fences.

The Katzes also indicated that staining would create a financial hardship. The board inquired whether the adoption of a 180-day delay in implementation would satisfy their objections. After considering the suggestion, they declined to accept the accommodation for hardship, but expressed their desire to be good neighbors, who planned to actively participate in the association.

Various members of the board expressed the board’s position that the board has consistently supported the ARC’s consistent application of the staining requirement, including seeking enforcement through referral to the association’s attorney against one homeowner, who had not yet stained the outer side of their fence. The Katzes expressed their belief that an appeal by these homeowners could overturn the staining standard and reserved their rights until this matter was resolved. Several board members indicated that the homeowners with the partially unstained fence had not objected to staining, but merely had not yet complied.

After full discussion and consideration, the board unanimously voted to uphold the decision of the ARC.

Next the board reviewed the preliminary budget prepared by Frank Grosch, the association’s Treasurer, with written input from Janice Armstrong and Stuart Jones. Each account within the budget was discussed and small adjustments were made as a result of the discussion. The recommendations of the Landscape Committee Chair, Diana Smith, were discussed at length, with the decision that landscaping projects would have to limited to fit within the budget, even if the 15% maximum increase allowed under normal circumstances were adopted. Inconclusive discussion about the advisability of a special assessment for additional landscaping followed.

The discussion on the budget concluded after the board instructed Frank Grosch to modify the budget to reflect the changes discussed at the meeting, in preparation for the adoption of the budget at the next meeting.
BERINGTON CLUB HOMEOWNERS ASSOCIATION, INC.
Board of Directors Meeting - Minutes
Page Two


The next meeting was scheduled at the previous meeting, for Tuesday, November 6, 2001, at 7 p.m. at 277 Meadow Beauty Terrace.

There being no further business to discuss, the meeting adjourned by unanimous consent at 10:30 p.m.

Respectfully submitted,



Frank Grosch, Secretary
Berington Club Homeowners Association, Inc.

Berington Club H.O.A. Meeting Minutes: Nov. 6th, 2001

BERINGTON CLUB HOMEOWNERS ASSOCIATION, INC.
Board of Directors Meeting
Tuesday November 6, 2001 – 7:00 PM
Stuart Jones Residence
MINUTES



President Stuart Jones called the meeting to order at 7:02 PM.

A quorum of the Board was present as follows: Frank Grosch, Stuart Jones, Vincent Murray, Diana Smith and Barry Smith. Janice Armstrong represented Attwood Phillips.

Three homes were represented.

A motion was made and passed unanimously to accept the corrected minutes of October 3. Minutes of the October 15 meeting were deferred until the next meeting.

Management was requested to have the small sign posted next to the gate mounted onto the gate for improved visibility.

The Management Report was reviewed and accepted by the Board.

Management was instructed to turn the Cosco matter over to the association’s attorney.

Umbrella Insurance non-renewal was discussed. While Frank seeks additional bids, management will pursue having coverage renewed with the current carrier on December 1. Information sent by the agent had differing policy numbers, no indication of what play surface is acceptable was noted, and other inconsistencies were noted. A motion was made, seconded and carried to have Frank and Stuart determine if insurance coverages would be brokered over to another agent. Motion was approved unanimously.

Management advised that the bulletin board in the park needed to be weather proofed. After discussion, prices were requested for alternatives, possibly to be mounted in the inside of the exit wall.

Current financial status of the association was discussed at length. The Board stated their dissatisfaction on how the matter was handled by management. Management was instructed to get prior approval from Frank or Stuart prior to transferring funds from reserves in order to cover expenses through year-end. The Board unanimously agreed to make transfer from reserves other than the roadway and roadway engineering reserves to cover expenses.

COMMITTEE REPORTS
ARB – Three meetings were held regarding hurricane shutters before decisions were made. There was only one other submission for a pool enclosure, which was approved. Finalization of the shed amendment and ARB Guidelines were deferred.

Social - no report
Welcome - no report
Landscape - no report

Berington Club
November 6, 2001
Page Two

UNFINISHED BUSINESS
Beazer Homes – Stuart reported that Pete Small had informed him that he believed the common areas had finally been deeded to the association. He would look into it, and advise.

Stuart will advise the Seminole Country Sheriffs office that patrol can now begin with the completion of the sign work.

Frank delivered the wall report completed by a structural engineer. The two areas of concerns were the county code questions relating to wind resistance that relate to the straight portion of the wall, and the cracks in the curved portion of the wall which appear to be due to the weight of the backfill.

Frank emphasized that it was the engineer’s professional opinion that there is no immediate danger of the wall collapsing, or tipping over without the presence of winds in excess of 100 mph.

Frank outlines various remedies and proposed a course of action. Frank recommended that the engineer be engaged to design a fix for the two areas of concern. The engineer for the repair/rebuild plan could attach a price. Lastly, an attorney who is a specialist with similar situations would be retained to negotiate with Beazer and their subcontractors.

A motion was made, seconded and carried to authorize payment of $700 to the engineer for the initial report.

The 2002 Budget was reviewed and the Board elected to have another meeting November 20 to finalize the budget and the ARB Guidelines. Propane tanks will be part of the discussion.

The Annual Meeting will be held in February.

There being no further business, the meeting was adjourned at 10:20 PM.

Respectfully Submitted, Accepted by,

Janice Armstrong for the Association
Attwood-Phillips, Inc.

______________________________________

Nov. 20th, to be posted....