Berington Club Homeowners Association, Inc.

Berington Club H.O.A. Meeting Minutes: June, July, August 2001

Board Meeting, June 26, 2001, 7:00PM, 277 Meadow Beauty Terr.

BERINGTON CLUB HOMEOWNERS ASSOCIATION, INC.
Board of Directors Meeting
June 26, 2001

Minutes

The meeting was called to order at 7:10pm by Stuart Jones, President of the Association. A quorum was established with the presence of Stuart Jones, Vincent Murray, Diana Smith and Frank Grosch. Also present was Mickey House Association Manager from Attwood-Phillips. Absent was Barry Smith.

Frank made a motion to waive the minutes from the May board meeting. Vince seconded the motion. All were in favor.

Committee Reports
Architectural. Frank Grosch tallied the survey distributed by Bob Fritelli and is attached. The draft of the architectural guidelines was previously distributed for board review. The Board approved the guidelines for mailing to all owners to solicit their input. A vote on adoption was tabled until the next meeting after receiving owner comments.

Frank distributed a copy of the Declaration, which refers to Games and Play Structures. Current issues are the visibility of play structures on above fences and on lots with no fences. In that the language requires the structures to be screened from view the Board will consider an acceptable method of screening on structures that extend above 6-foot fences.

The appeal submitted by 320 Meadow Beauty Terrace was referred back to the Architectural Review Committee. The Board agreed in principle that adequate landscaping might be permissible in lieu of removing the structure. The shed remains however and needs to be addressed. Mickey will contact the owners.

Vince suggested that portable basketball goals be removed from view after active use. After much discussion the Board agreed to put this notice in the newsletter and for Mickey to address after that during his inspections.

Frank commented that 8 approvals were given last month along with 3 denials.

Landscaping.
Diana stated the Vince has started moving the irrigation heads along the wall on Orange Boulevard.
Diana also recommend replacing Eden Landscaping. Though the contract allows for cancellation without cause, issues remain unresolved with weeds in the beds, areas not being mowed for two consecutive weeks despite reminder calls and no response to communications. Diana recommended sending Eden a thirty-day notice immediately. She presented a chart (attached) showing bid prices from companies and suggested entering into an agreement with Johnson’s Landscaping. Frank voiced agreement and asked for a contract through December 2002. Diana made a motion to cancel Eden Landscaping and enter into a maintenance contract with Johnson’s Landscaping at an annual cost not to exceed $20,647. Frank seconded the motion. All were in favor.

Considering costs for landscaping Mickey advised the Board that after more than 5 months of persistence, he finally received an executed Assignment of Developer’s Rights, which would allow the Association to drill irrigation well on Association property. This would eliminate the use of County water. Diana and Vice will begin work on soliciting cost to have the well installed.

Social. A report was distributed by Vince and is attached. Frank motioned to reimburse Vince the money out laid for the picnic, which was a big success. Diana seconded the motion. All were in favor. Thanks were expressed to Vince and then Committee for a job well done.

Vince also commented that he was pursuing a cost for installing a pole and light in the recreation area.

Financial
Frank commented the following as of May 31, 2001.
$4,000 to the good on income; $1,700 over budget year-to-date in expenses, mostly due to landscaping; over all the Association is $2,300 positive cash flow year-to-date.
Only 4 lots carry balances owed to the Association totaling $172.84, and suggested that reminders be sent to all four.

Management Report
A copy of the Management Report is attached and made a part of these minutes.
The Board responded to Mickey’s inquiry at 339 Savannah Holly Lane. The owner parks a vehicle on the street and informed Mickey that it is part of the ritual of his autistic son. Mickey suggested that this issue be documented and that an exception be granted to permit street parking. The Board agreed with this provided the owners submit a written statement of his son’s condition. Mickey will contact the owner to make this request known.

Diana made a motion to dig up and reinstall one stop sign pole to see if raising the signs in a viable alternative to having new poles installed. Frank seconded the motion. All were in favor. The poles are very expensive and increasing their height to seven feet from the ground to the bottom of the signs is a requirement of the County for assuming the responsibility for enforcing traffic laws inside the community on private roads.
The replacement stop signs for the faded stop signs are in Mickey’s office will be installed.
Diana made a motion to replace the broken sidewalk in the recreation area at a cost of $300. Frank seconded the motion. All were in favor.
There are some dead limbs at the lift station at the end of Lake Shore Grove Drive that need to be picked up. Mickey will get them removed.
Mickey will pursue through Beazer Homes that contractor that painted the entry gates.

Unfinished Business
Stuart will follow up with Pete Small at Beazer Homes about the punch list and deeds to common elements, which have not yet been received.
Seminole County’s Sheriff’s Agreement. Raising the stop signs is the only remaining issue.

New Business
Cleaning of the wall will be put on hold until such time as all the irrigation heads are moved away from the wall. Mickey informed that Board that he has had a few more tests done on the wall and no chemical has been found that will remove the white buildup.
A resident voiced concern about the lawn condition on Lot 3 and street parking at Lot 13.

The next meeting was scheduled for 7:00pm on July 24, 2001.

There being no further business to discuss, Diana motioned to adjourn the meeting. Frank seconded the motion. All were in favor. Meeting was adjourned at 9:40pm.

Respectfully submitted,



Frank Grosch, Secretary
Berington Club Homeowners Association, Inc.

Board Meeting, July 24, 2001, 7:00PM, 277 Meadow Beauty Terr.

BERINGTON CLUB HOMEOWNERS ASSOCIATION, INC.
Board of Directors’ Meeting
July 24, 2001

MINUTES

President Stuart Jones called the meeting to order at 7:15 PM.

A quorum of the Board was present as follows: Vincent Murray, Diana Smith. Frank Grosch, and Barry Smith. The Management company was represented as follows: Mickey House, Association Manager, Roger and Rosemary Phillips, company owners, and Janice Armstrong, Association Manager who will take over management responsibilities in the future.

Their owners represented approximately 20 homes. (List of those who signed in is attached as part of these minutes.)

A motion was made passed and carried to waive the reading of the previous meeting minutes.

COMMITTEE REPORTS
ARC
Stuart welcomed those attending, thanking them for their interest. He also acknowledged that the Board was aware that the community was concerned about the proposed restriction guidelines that had been sent recently to the membership. Stuart advised the association’s attorney had expressed interest in reviewing the materials for input and recommendations prior to any further action being taken by the Board. The Board had agreed to delay any vote until the next Board meeting.

Stuart then read an e-mail that was sent to one resident, which clarified that Board’s responsibility and their positions. It also stated that the opinion of the association’s council was that the Board of Directors did not have an option as to whether they should/should not enforce any or all of the deed restrictions. As a matter of legal and fiduciary responsibility, the Board must enforce those provisions up until such as a time that the rules were legally changed.

Lengthy discussion followed.

HOMEOWNER QUESTIONS/COMMENTS
-Owner stated the builder approved his fence without requiring stain or paint.
-Owner felt that all fences should be uniform to avoid checkerboard effect in rear yards where fences overlap.
-Owner inquired when unpainted fences would be required to be painted.
Board responded that a final determination on the issue would not be made until the next meeting, however, should the restriction pass, owners will not have to address until the fence falls into disrepair, or requires some type of treatment.

-Owner inquired how the rest of the neighborhood could participate in the decision when there were so many differing opinions. The board responded that the membership had elected a Board of Directors to make decisions within the scope of their authority. The Board also stated that decisions such as the guideline matter would not be made without the input and consideration of the members.


Page Two
July 24, 2001

-Owners agreed that the Board was in a tough position and could not satisfy all owners.

The balance of the guidelines were reviewed.

The board stated that there are two sheds in the community that had to be grandfathered in because of the approval given by the developer during developer control. Others would be prohibited. Owner believed that there was a third shed, but no one could identify which lot it may be on.

Further discussion followed. All agreed to have the Board review the attorney’s recommendations, and to discuss at the following month’s meeting.

Owner inquired if the timing of the gate closing could be adjusted to close more quickly. AGAS to be contacted. Owner offered to get with management regarding installation of a loop system to insure that the gate closed as soon as a vehicle passes. Additional signage may be needed advising entrants that the gates close between vehicles.

LANDSCAPING COMMITTEE
Diana reported that the landscaper Eden had been replaced with Johnson Landscaping whom begins August 1st. The committee will meet with the contractor prior to the start date to review concerns, etc.

Diana also reported that the committee is investigating the installation of two well systems to eliminate using potable county water to irrigate common areas.

Vince reported that his committee was investigating adding lighting for the park and the tennis courts. Of three companies called, one responded with an estimate of around $2,000.

FINANCE
Frank Grosch delivered the Financial Report in detail.

The Management Report was delivered by Mickey House and accepted by the Board, as part of these minutes.

The Board made, seconded and passed a motion authorizing $300 per stop sign post to raise each to accommodate the requirements of the county sheriff’s department in order to have the community patrolled by sheriff deputies.

A problem with the perimeter wall beside the northern-most palm tree may be a design problem. The contractor and an engineer need to be contacted to inspect.

GATE REMOTES
Barry will contact the School Board to let management know how many need to be ordered. This will be determined at the next meeting.




Page Three
July 24, 2001

The Board introduced Roger and Rosemary Phillips, owners of the Management Company Attwood Phillips. Roger announced that Mickey House would be leaving the company for a challenging position and career advancement. Janice Armstrong was introduced as the new association manager.

UNFINISHED BUSINESS
Issues with Beazer Homes were discussed. Mickey has received the house color pallets. The assignment of rights for drilling wells was received. Beazer still needs to provide confirmation that the storm water system had been desilted.

Oil stain on Green Ash Lane was discussed. Mickey advised that an asphalt patch could be done, or the Board could let the stain fade. Board agreed to wait for fading.

Diana commented that the original installer of the irrigation system need to be contacted and perhaps paid to come to the property to find irrigation mains, etc., however there may be costs involved. The board agreed to authorize up to $100.

QUESTIONS FIELDED:
Street parking was discussed at length. One owner in violation is providing a Doctor's letter regarding the son’s condition, which has prompted the parents to park their vehicle on the street in front of the home.

NEW BUSINESS
The community web site was introduced. Residents were encouraged to communicate regularly by e-mail with the Board.

Owner reported that curbs in the community might be breaking up.

The next meeting was scheduled for Tuesday August 28 – 7:00 PM

There being no further business, the meeting was adjourned at 9:20.

Respectfully Submitted, Accepted by:


_____________________ ________________________
Janice Armstrong for the Association
Attwood Phillips

Board Meeting, August 28, 2001, 7:00PM, 277 Meadow Beauty Terr.

BERINGTON CLUB HOMEOWNERS ASSOCIATION, INC.
Board of Directors Meeting
August 28, 2001
Stuart Jones Residence

MINUTES

President Stuart Jones called the meeting to order at 7:10 PM.

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

Five homes were represented with Stacey Marine, Cynthia Closat, David Miller, Charles VanBenschoten and Haralton Rea---- present.

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

The Management Report was reviewed and accepted by the Board.

Discussion followed regarding the after hours treatment of gate problems. The Board requested the following policy be implemented:

After hours calls to go to Attwood Phillips emergency service line. Service Line to contact on-call maintenance man. Maintenance to contact a board member BEFORE 12 MIDNIGHT AND AFTER 7 AM. Frank Grosch or Diana Smith will check the problem and attempt to do a temporary fix and place signs accordingly. If no Board member can be reached, maintenance will respond by going to the property to determine what can be done. Gates may need to be left open until the next business day.
If necessary, maintenance will advise the manager the next business day and gate company will be called in to do necessary repairs.

Recent damage to the gates was discussed. TruGreen was seen hitting the control column by teen resident that reported it to Diana. TruGreen accepted responsibility. The column may need to be completely rebuilt as the result. Discussion followed.

Board then discussed painting/powder coating the gates. Mr. Van agreed to check the paint color to see if he could match it. The Board elected to have Mr. Van paint a portion of the gate to see if owners would paint the balance.

Signage will be ordered as follows:
Small sign at key pad:
IF GATE WILL NOT OPEN
DO NOT FORCE
CALL
BUSINESS HOURS: 407-644-4500
AFTER HOURS: 407-215-7092





Page Two
August 28, 2001


Signage Continued:
Just before entrance gate:
WARNING!
GATE CLOSES AFTER
EACH VEHICLE

The Board authorized $455 for repairs to the gate after a driver forced gates open with their car.

Attwood Phillips maintenance supervisor, Johnny Keister will meet with Mr. Van to review the problems with entry light fixtures and needed repairs. Mr. Van volunteered to replace bulbs, and do minor repairs if necessary.

Maintenance will also complete the stop sign project so the police can patrol the community.

Johnson Landscaping to inspect the palm behind the cracked portion of the wall to see if it is leaning toward the roadway.

Cosco Matter: Following a review by the association’s attorney, a letter was sent requesting doctor’s explanation for the son’s condition and the need for ritual experience of parking the car on the street.

323 Savannah Holly – Fence was installed in March without approval. The owner was asked after the fact to submit an A R B application. The fence was approved after installation with the proviso that it is painted within thirty days. The fence remains unpainted. The Board determined that the matter should receive a final letter if one had not already been sent. If final had been sent, the matter was to be turned over to the attorney for legal action.

320 MBT - Stevens - Landscape plan to shield the playset was submitted. The committee agreed to ask the owner to beef up the material for better coverage.


276 MBT - Miller – playset shielding was discussed at length. The owner was told that the structure would, at minimum, require shielding, particularly from the neighbor to the rear. A plan would be needed and trees were recommended. While Mr. Miller has alleged selective enforcement and has retained counsel, a neighbor is seeking enforcement by the Board of the existing covenants and has also retained counsel.

217 So. Magnolia – Mennino – Very large shed has never been approved. Janice will pull the file to see how many requests for compliance have been sent. An additional letter to go to the owner, requiring compliance, or legal action will be taken.

Tennis courts to be inspected as soon as possible. One corner may have fallen.






Page Three
August 28, 2001


COMMITTEE REPORTS
ARC
The proposed ARC guidelines were discussed. The guidelines are to be finalized prior to the next Board meeting. Once approved by the Board of Directors, guidelines will be sent to the attorney, and then to the membership for a vote.

Stuart Jones presented a proposed amendment to the covenants. The amendment concerns play sets, basketball hoops, and other issues as addressed in Section – of the Covenants and Restrictions. After much discussion, Stuart will present a revised draft at the next Board meeting. Once approved by the Board, the amendment will be presented for a vote by homeowners. Until an amendment is approved by homeowners as provided for in the Covenants and Restrictions, the Board will enforce the covenants as currently written. If an amendment is approved, the Board is committed to enforcing the amended covenants.

The Board and Management reiterated that no playsets had ever been approved by the elected Board or by the developer.

LANDSCAPING COMMITTEE

Diana reviewed an extensive proposal for irrigation repairs and improvements to the association’s system. If and when work is approved, Johnson Landscape will guarantee operation and any plant loss due to inadequate coverage.

Wells were also discussed. The total costs for the two wells would be approximately $3,500 to $4,000.

In light of the current tight budget, the Board agreed to table further discussion of wells and tennis court lighting (as presented by Vince Murray).

SOCIAL COMMITTEE

The Board agreed to postpone discussion of tennis court lighting until the cost wall repairs can be determined and the 2002 budget prepared.

FINANCIAL REPORT
Frank delivered a report on the finances for the association. Lengthy discussion followed regarding limited reserve funds available for projects over and above the budget through year-end.

Diana was asked if the irrigation project could be broken up in phases. The Board unanimously approved only limited work on the irrigation system not to exceed $________ under the direction of Diana Smith.

Janice was asked to check if the $250 fee to new owners at 331 Savannah Holly had been paid.

Page Four
August 28, 2001

Delinquencies were discussed. Balances due will be billed to outstanding owners in 2002 as part of the annual assessment.

The Board set dates for the next two Board meetings as follows: Wednesday, October 3 and Tuesday, November 6.

There being no further business, the meeting was adjourned at 10:00 PM.

Respectfully submitted,

Janice Armstrong, LCAM for the Association