C/O Residential Management
Concepts, Inc.
778 South Military Trail
Deerfield Beach, FL 33442
954-426-0151 Fax
954-426-0645
MINUTES OF THE BOARD OF DIRECTORS MEETING OF WHITTIER OAKS HOMEOWNER’S ASSOCIATION HELD ON MONDAY, MAY 18, 2009 AT THE NEW CITY HALL AT 7:00 P.M.
The minutes of the meeting of Whittier Oaks
Homeowner’s Association held on Monday, May 18, 2009 at the New City Hall at
7:00 P. M.
Dominick Peri called the
meeting to order at 7:08 P. M.
Those present were Dominick
Peri, President, Carol St. Aubin, Vice President, Kevin Burger and Lisa DePace,
Directors and Melissa Heller, Treasurer.
Marc Harris was absent with prior notice. Also present from Residential Management were
Rodger Carver and Anne Reyes.
MINUTES
Kevin Burger moved to waive
the reading of the minutes from the April 20, 2009 Board of Directors meeting
and to approve as presented; seconded by Carol St. Aubin. All in favor.
Motion carried.
FINANCIALS
Rodger Carver stated that as
of May 18, 2009 the 1st United Bank Operating Account had a balance
of $18,339.10, the First Southern Bank had $35,245.94, the 1st
United Bank Reserve had $53,417.73, and due from the operating account was
$16,000.00. Therefore as of May 18, 2009
there was an Unaudited total of $123,002.77.
Rodger Carver also stated
that there was $71,026.35 in delinquent accounts. He also stated that a large amount of the
delinquency is due from foreclosed homes.
Gary Palombi discussed the
collection procedures and gave a list with what the statutes allow in
collections. (Copy attached to minutes).
He stated that after ten days if the payment is not received a late
charge of $25.00 is assessed. He also
stated that they have drafted new letters that have a stipulation agreement
allowing payments to be made. If a
resident receives a final notice it means that they have received two prior
notices. When the final (third) letter
is received the account goes directly to the Attorney.
Gary Palombi stated that
when there is a large amount of money owed to the Association, collections
should be aggressive. The stipulation
agreement may help with some but others may
Page 2.
MINUTES OF THE BOARD OF
DIRECTORS MEETING OF WHITTIER OAKS HOA HELD ON MONDAY, MAY 18, 2009 AT NEW CITY
HALL
not pay. In regards to attorneys, at forty-five days
there is a retainer fee of $350.00 to file for foreclosure.
Gary Palombi stated that the
financial statements are within the budget but as the Association is not collecting
some of the maintenance fees, some of the projects may need to be
postponed.
Gary Palombi continued to
explain some issues with homes held by the Bank and that the Association could
take over. He also stated that the
Association cannot be selective with homeowners and must follow the procedures
for all.
Gary Palombi also discussed
the Attorneys and that the Association does not pay until they need to
foreclose.
Kevin Burger asked if he
meant foreclosure on those units that want to pay partial. Gary Palombi replied no, only those that have
not responded to letters.
Some options were discussed
in regards to those homeowners that do not pay such as suspending their ability
to enter the gate except by the guard.
Dominick Peri stated that
possibly the clickers may go through an exchange with residents.
Residents owing dues cannot
exchange their clicker but the Association is not sure how effective it would
be.
Gary Palombi stated that
clickers have switches but most residents have them programmed into their
cars. He also stated that they could go
to the residents and explain that due to many people moving clicker codes
should be changed.
Lisa DePace stated that
maybe the guests of the delinquent residents shouldn’t get entrance to the
community.
Gary Palombi stated that
many people have financial problems that is why they should ask them to make an
agreement to pay at least then a portion of the fees would be covered.
Carol St. Aubin stated that
in the past letters were sent with the stipulation but many residents did not
communicate back.
Dominick Peri stated that
code changes could get to the community by the guard explaining the
process. It would be given to the guard,
if a resident has no restrictions he takes the clicker and changes it, if there
is a restriction, he doesn’t take the clicker and tells them to call
management.
Gary Palombi stated that
possibly management could be there on certain days.
This would not restrict the
guests or owners but it would be more difficult for them to enter.
Gary Palombi stated that he
reacts to problems in the Community as he has an interest in the community
also.
Carol St. Aubin stated that
she is concerned about the Association placing an assessment on owners due to
the delinquency.
PAGE
3.
MINUTES OF THE BOARD OF
DIRECTORS MEETING HELD OF WHITTIER OAKS HOA HELD ON MONDAY, MAY 18, 2009
Kevin Burger suggested that
a letter be sent out to the community and advise them of the plan to change the
code. Gary Palombi stated that the
letter must be sent to all and just give the code to those that are current.
Dominick Peri stated that if
a resident is in good standing then you get your clicker. The discussion continued on how to handle the
clickers and delinquent residents that do not respond to the stipulation
agreement or letters.
To change clickers a letter
needs to go out stating that the clickers would be changed. The discussion continued.
Melissa Heller asked if the
code is changed within a week and the gate is not changed, as quickly there
would be a problem.
Dominick Peri asked if two
codes could be used for a short time.
Gary Palombi replied that he would have to talk to Access Masters, the
gate company.
Melissa Heller stated that
possibly the time to exchange should be compressed into three days in a row and
possibly include a weekend.
Also discussed were the
possibility that the other gate could be programmed to the old code for a
period of a week. Residents added that
the process must be extended as some residents have children away at school.
Dominic Peri feels that this
may help stimulate the collection process.
The discussion continued
about the lack of progress with collections.
Kevin Burger felt that the majority that is paying should not be
inconvenienced.
Dominic Peri asked residents
what the felt about the clicker exchange.
He also asked if the exchange looks bad for the Association, Gary
Palombi stated that it could be stated that it is for security.
Gary Palombi asked the Board
to approve the Whittier Oaks Assessment Procedure for foreclosures. There would be a $350 fee to cover court
filing.
The Board discussed the
process of the Association foreclosing on a home and then the bank could
foreclose if the Association doesn’t pay the mortgage.
Carol St. Aubin moved to
approve the Whittier Oak collection procedure as provided by Residential
Management; seconded by Melissa Heller.
Vote was held pending further discussion.
Kevin Burger stated that it
did not show the stipulation agreement in the procedure. Gary Palombi responded that it is in the late
letters that are sent but it could be added.
An actual stipulation
agreement that is in effect would stop the process of collection no matter
where you are in the collections. If the
stipulation agreement were not followed, collections would proceed.
An addendum would be sent to
the Board via email.
PAGE
4.
MINUTES OF THE BOARD OF
DIRECTORS MEETING OF WHITTIER OAKS HOA
HELD ON MONDAY, MAY 18, 2009
The vote for the motion was
called and the Board voted unanimously on the procedure with the payment
stipulation that would be added.
Carol St. Aubin stated that
there is no grievance committee at this time.
Gary Palombi stated that the
grievance committee is used for violation fines and can decide if the resident
should be fined or not.
Carol St. Aubin stated that
she thought that they couldn’t fine for violations but Gary Palombi stated that
you can fine and that there are other ways to collect the fines.
A discussion about
implementing a grievance committee continued.
Gary Palombi stated that the
idea of fining is not for revenue but to correct the problems.
AT THIS TIME THE MEETING WAS
STOPPED AS THE BSO OFFICER RETURNED.
Cprl. Khaleel explained to
the Board and residents a new program available called Cyber Visor which is a
site that BSO has jurisdiction and you can sign up and get information on the
county, security, information in regards to burglaries, etc. It is a free service.
He also discussed identity
theft and that all mail, etc. should be shredded for safety in regards to
personal information.
He reminded everyone that it
is summer and pool safety is a very big issue.
Kids need to be watched carefully by pools, lakes and canals.
Now that there are bike
lanes, the cyclists must also obey the rules of the road such as stop signs,
signals for turning, etc. He also stated
that a vehicle would receive a violation if they go into the bike lanes.
A resident asked about a
home invasion in Herron Bay that was a daytime incident. He stated it was a stolen car and was solved
basically on a trespassing call. The two
men admitted to the burglary after questioning.
Cpl. Khaleel was thanked for
coming to the meeting and for all their work in the community.
MEETING CONTINUED
Melissa Heller continued to
say how will the exchange program be handled and the time that it would take to
do the changes. Gary Palombi suggested
that he talk to the gate company first and see what could be done.
Dominick Peri stated that
possibly a resident could be penalized by not receiving their landscaping
privileges. A resident stated that they
should be advised ahead of time and then the resident will see the landscaping
not being done and they may respond.
Gary Palombi felt that
others may resent the fact that the lawns are not cut as it will effect the
looks of the community.
A discussion of pros and
cons about limiting the cutting of lawns ensued. Carol St. Aubins feels that an inconvenience
of making the resident go to the gate to allow visitors in might be a better
idea.
PAGE
5
MINUTES OF THE BOARD OF
DIRECTORS OF WHITTIER OAKS HOA MEETING HELD ON MONDAY, MAY 18, 2009
Dominick Peri stated that
RMC should prepare the way to change the gate clickers and make all the
arrangement to see what would be possible so that at the next meeting a
decision could be made.
Melissa Heller stated that
the clicker exchange should be done after thirty days or so. Then if they need to get their guest in
because if they were on the list they would not be honored.
Dominick Peri reviewed the
procedure if a resident needs to be called to come for the guests then that car
would need to be parked by the gate during the process.
Melissa Harris stated that
the Board should be pro active and implement these tools to try to get
collections going.
Carol St. Aubin stated that
she thought two letters should be sent one to everyone and the second to
delinquent accounts not responding to request.
The Board discussed the
various options and need to make a decision.
Kevin Burger asked if
someone goes into bankruptcy could his or her clickers or privileges be
stopped.
Attorney – Gary Palombi
stated that he had two firms for collections:
Tucker & Tighe and Kahan Shir.
These are both good
collection attorneys and would proceed with the collections that the Board has
implemented. Gary Palombi advised the
Board to go ahead with the foreclosure on the two homes with bank owners.
Lisa DePace motioned to go
forward with hiring Kahan Shir for collections and to go ahead with the
foreclosures on the bank owned homes; seconded by Kevin Burger. All in favor.
Motion carried.
Gary Palombi stated that
there is an affidavit that can be signed by an owner that has a renter and if
the owner goes delinquent then rent could be collected from the tenant. There are two rentals in the Association that
the owners are delinquents.
Resident asked if the
Association could have the right to know who is renting. Gary Palombi stated that it must be in the
documents. You need to get 66% of the
members to approve it but first you should change the voting requirements to
51% instead of 60%. Then you could
proceed with the other changes.
Dominick Peri stopped and advised
that they should continue with the Agenda.
LANDSCAPING
Carol St. Aubin thanked Lisa
DePace for all her help so quickly after being appointed to the Board.
Dominick Peri stated that
the entrance way looks great. The mulch
really makes the front look better.
PAGE
6
MINUTES OF THE BOARD OF DIRECTORS MEETING OF WHITTIER
OAKS HOA HELD ON MONDAY, MAY 18, 2009
A resident commented that
the Board was going to cut the Palms and not hardwoods but he has some that
should be trimmed.
Dominick Peri stated that if
the tree trimmers feel it should be trimmed or the resident requests it, the
Board would review it.
Carol St. Aubin explained
that only a certain amount of money has been set aside and the Association is
not doing a community trim of the hardwoods.
She also stated that there are coconut trees that are a problem and all
of the Palms in the common area would be trimmed.
Gary Palombi stated that he
would try to get the hardwoods and Palms within the Budget.
A discussion about trees in
various areas was discussed and bids would be provided at the next meeting from
various companies.
Gary Palombi explained how
he provides the specs for bids to companies as well as putting a bid in. He would get some from Phil’s Trees,
Landcare, Zimmerman and Model Row as per the Board.
Gary Palombi stated that the
Island that had a break a month ago but it was found out it wasn’t repaired and
now it needs a back flow inspection, as well as others in the community.
Gary Palombi suggested
putting in cable for the Guardhouse as there would be no TV antennas after June
12, 2009. He would check to see if the
cable company would put it in with no charge other than the monthly fee if the
Board agreed.
Residential Management would
check with the cable company.
Rodger Carver stated that
the new meeting sign should be ready this week.
He also stated that the dog station signs are in and that he needs to
get the location of where they need to be installed. He has two stations with the cans and one
with the sign only.
Rodger Carver stated that
the backflow devices are due for inspection every year as per the City. The Board approved Cape Backflow to do the
inspection. Rodger Carver also provided
an invoice from BP Sprinkler for past due invoices for their review. He
also gave copies of violation letters sent out and the Board requested the old
format for review. It was stated that
the first letter goes out stating that if not in compliance the unit would be
fined $100.00 per day up to $1,000.00 after a certain number of days pass.
PAGE 7
MINUTES OF THE BOARD OF
DIRECTORS MEETING OF WHITTIER OAKS HOA HELD ON MONDAY, MAY 18, 2009
Carol St. Aubin moved to
approve fining residents for violations by the mailing of the third letter the
fine would be implemented on the violation.
The first letter would be a notification of the violation and the possibility
of a $100.00 per day, up to $1,000.00 per infraction; seconded by Lisa DePace.
Kevin Burger and Melissa
Heller question the fining and grievance committee and that they need to form
one.
A discussion about fining,
violations and how the grievance committee would work ensued and whether or not
to continue with violation letters and fining.
Carol St. Aubins suggested
that Bud Roon and Ira Goldman could be on the grievance
committee.
The Board tabled the motion
to approve fining until a grievance committee is formed.
There being no further
business before the Board, Kevin Burger moved to adjourn the meeting; seconded
by Melissa Heller. All in favor. Motion carried.
The meeting was adjourned at
9:30 P. M.
Respectfully submitted
Whittier Oaks HOA