Berington Club Homeowners Association, Inc.

Berington Club H.O.A. Meeting Minutes: Nov., Dec., Jan., 2000/01

11-9-2000, 7:00pm, 277 Meadow Beauty Terr., Sanford, Fl.

BERINGTON CLUB HOMEOWNERS ASSOCIATION, INC.
Board of Directors Meeting
November 9, 2000

Minutes

Stuart Jones called the first Board of Directors meeting to order 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 several homeowners.

Election of Officers:
After some discussion Stuart made a motion for the following offices: Frank Grosch – Secretary/Treasurer, Vincent Murray – Vice President, Stuart Jones – President. Frank seconded the motion. All were in favor.

Committee Reports:
Architectural. Bob Hartman commented that the Architectural Review Board is functioning and has taken action on a number of requests.
The Architectural Review Board has concerns about fences, i.e. height restrictions and requirements, style, material, color, aging and staining.
Other issues that are being addressed are coatings on driveways and sidewalks. 301 Meadow Beauty has agreed to re-coat his driveway in a color that closely resembles concrete.
201 Meadow Beauty’s request to coat their sidewalk was denied due to the color not being harmonious with the community. The owner submitted a letter of appeal to the Board but was not in attendance at the meeting. Stuart will send a specific invitation to the owners for their attendance at the next meeting. Board action until that time was tabled.
Bob suggested that another mailing be done to the owners reminding them of the architectural control and guidelines.
Stuart asked Bob if the Architectural Review Board, by the next board meeting, could compose a set of general guidelines, which can be distributed to the owners. The Board will then review them and possibly present them to the members at the annual meeting in January.
Frank made a motion to support the Architectural Review Board’s position of requiring only 6-foot high fences. Vincent seconded the motion. All were in favor.

Financial Report:
Mickey commented the following as of 9/30/00:
Cash on Hand Operating $1,080
Cash on Hand Reserves $14,600
A/R & Deposits $1,210
Total Assets $16,900
Accounts Payable $6,400
Prepaid Assessments $660
Total Liability & Equity $16,900

Mickey commented to the Board that Pete Small at Beazer Homes has vowed to contribute $9,100 to the Association to apply to the annual deficit. Discussion ensued about how large the deficit would be and how Pete Small calculated the amount Beazer was going to contribute. Mickey conveyed that the Association’s legal counsel has advised him that Beazer Homes may not be responsible for any deficit subsequent to turnover. Further, Mickey’s calculation of the deficit up to turnover, is less than $6,000. The Board unanimously agreed to have Mickey pursue obtaining Beazer’s funding.

One homeowner has not paid their assessment for 2000. Stuart suggested that Frank, as Treasurer, call the owners, pending the attorney’s opinion about having direct contact with an owner after the account has been turnover to them for collection, to inquire about the reason for non-payment.

New Business:
Discussion on the budget was deferred until Frank could meet with Mickey.

Installation of a bulletin board was deferred until cash flow improves.

Landscape contractor. Mickey presented the Board with a spreadsheet comparing new bids from 5 contractors. Bob Welch (resident) commented that he is now doing the chemical application for Eden and asked the Board to defer a decision until he could get an updated quote from them, which will include his chemical program. This action was tabled until the next meeting.

Mickey suggested that the Board engage in a professional engineer to conduct a road study for the assurance that the roads were constructed according to required specifications and to highlight any potential problems that would need to be addressed. No action was taken at this time.

Frank motioned that a Nominating Committee be appointed consisting of Stuart Jones as Chair, Barry Smith and John Vaughan. Vincent seconded the motion. All were in favor.

The next board meeting was scheduled for 7:00pm on Tuesday, December 5, at Stuart’s home.

The annual meeting was scheduled for 7:00pm on Tuesday, January 16, pending availability at the Wilson Elementary School.

Kim DiFonso suggested a directory be composed of all residents desiring to be included. Mickey will send Kim a form which residents can complete and remit.

Mickey mentioned that the Association has a free website. This website only lacks someone to act as coordinator. Barry Smith volunteered to act as coordinator. Mickey will provide him with the address, password and will put him in contact with a director in another community for suggestions and set up.

Mickey will present a new management contract to the board to be effective January 1, 2001.

There being no further business to discuss, Frank made a motion to adjourn the meeting. Vincent seconded. The meeting was adjourned at 9:30pm.

Respectfully submitted,

Frank Grosch, Secretary
Berington Club Homeowners Association, Inc.

12-6-2000, 7:00pm, 277 Meadow Beauty Terr., Sanford, Fl.

BERINGTON CLUB HOMEOWNERS ASSOCIATION, INC.
Board of Directors Meeting
December 5, 2000

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 were Mickey House Association Manager and Janice Krebsbach Collections Manager, from Attwood-Phillips and several homeowners.

Minutes:
Frank motioned to accept the minutes from the last meeting with one correction, noticed by Stuart that the assets need to match the liabilities and equity. Vince seconded the motion. All were in favor.

Committee Reports:
Architectural- Bob White submitted the following:
Requests were received and approved from 326 Savannah Holly and 276 Meadow Beauty and 261 Meadow Beauty. 325 Meadow Beauty submitted a request for a fence, which was denied due to height.
Bob distributed to the Board a list of architectural items needing uniform standards, including fences, house colors, landscaping, driveway and sidewalk coatings, gutters, solar panels and window treatments. The Board will review and submit comments at the next meeting.

Financial Report:
Frank commented that the Association was financially solvent. The current Operating cash balance is $41 but with the 2001 budget finalized for presentation to the board for approval and with each director prepaying the 2001 assessment, cash flow should be barely sufficient until the 2001 assessments are coming in. Also the Board is still pursuing the deficit funding from Beazer Homes.

Unfinished Business:
2001 Budget. As presented to the Board, there are three accounts that may have some flexibility. They are Management Fees, Landscape Maintenance and Reserve funding. Frank and Mickey proposed the budget with the assessment being $517.50, which is 15% greater than the 2000 assessment, the maximum allowable without membership approval.
Frank reviewed Mickey's reserve calculations and suggested some fine tuning which will still provide for sufficient monies to resurface the roads (by Phase) in ten (10) years after initial installation. Frank verified with an engineer the cost of $3.60 per yard to resurface but calculated a 3% annual inflation rate and a 5% rate of return on funded monies. Total annual funding for the Road reserves is proposed at $10,850.
Vincent made a motion to accept the budget as presented. Stuart seconded the motion. All were in favor.

Bob White submitted a punch list of items throughout the community that Beazer Homes should address and remedy. The Board approved the list, which Mickey will send to Pete Small at Beazer Homes.

Paul Wean, attorney, proposed an amendment to clarify the Bylaws that would give the Board the ability to change the size of the Board at least sixty days prior to the annual meeting. It is possible that the Board can take this action without an amendment. Frank made a motion to increase the size of the Board from 3 to 5 and to vote for 5 directors at the annual meeting. Vince seconded the motion. All were in favor.

Stuart suggested postponing the annual meeting from January to February or March. Frank motioned that the annual meeting be scheduled for February 20 and to present the proposed Bylaws amendment to the membership. Vince seconded the motion. All were in favor. Stuart will find a meeting place other than the school, which will charge $150.

Landscaping: Eden Landscaping submitted a revised quote which Bob Welch owner of Pro-Staff intervened to get a better price. Pro-Staff now provides the chemical services for Eden and Bob Welch is a Berington Club member. Bob confirmed that the annual cost of $17,170 includes a full chemical program, annuals, mulch, monthly irrigation inspection and maintenance. However the math on the proposal from Eden did not reflect this information. Frank motioned that Mickey be authorized to finalize the best deal from Eden including all details of terms and conditions of the contract, with nothing more than a thirty-day, without cause, cancellation clause. Vince seconded the motion. All were in favor.
Jennifer Hair and Stacey Marine agreed to work together as a landscape committee to oversee the installation and replacement of annuals.

New Business:
201 Meadow Beauty Terrace. Much discussion was heard regarding Beazer Homes' granting approval for the painting of the front porch and the owner's decision to continue down to the driveway. The Architectural Review Board considers the color to not be harmonious to the rest of the community. After more discussion the Board allowed the modification to remain as it is. However, any repainting in the future must have Architectural Review Board approval including the color.

Discussion of the management contract was tabled until the next meeting.

Frank motioned to approve the gate service agreement with Automated Gates and Access Service at a cost of $1,095. Vince seconded the motion. All were in favor.

An amendment to permit the collection of an initial assessment from resale purchasers was tabled indefinitely.

Mickey presented a written collection policy as a guide for a uniform collection practice. Stuart motioned to approve the policy. Vince seconded the motion. All were in favor. All cases needing to be turned over to the attorney will require Board approval.

5713 Climbing Rose Way assessment collection. Stuart motioned to proceed with collection action as suggested by legal counsel. Vince seconded the motion. All were in favor.

The next Board meeting was scheduled for 7:00pm on Tuesday, January 16, 2001.

There being no further business to discuss, at 9:15pm Frank motioned to adjourn the meeting. Vince seconded the motion. All were in favor.

Respectfully submitted,

Frank Grosch, Secretary
Berington Club Homeowners Association, Inc.

01-16-2001, 7:00pm, 277 Meadow Beauty Terr., Sanford, Fl.

BERINGTON CLUB HOMEOWNERS ASSOCIATION, Inc.
Board of Directors meeting Jan. 16, 2001

Minutes

The meeting was called to order by Stuart Jones, President of the Association at 7:05pm. 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 several homeowners.

Minutes:

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

Committee Reports:

Architectural; Bob White suggested that Privacy (emphasis) fences be one of the significant factors in determining an approved style. This would eliminate the possibility of requiring one in the future if a resident were to purchase a boat that would be kept outside. Pool equipment must also be kept behind a privacy fence.

325 Green Ash Lane submitted an appeal to the Board for their wood fence that is 4 feet tall. This was installed previously without approval and subsequently denied by the Architectural Review Board due to the height. After much discussion the others agreed to modify one front side of the fence so that both sides match identically and would be approximately 65 inches tall. Also, the height of the posts will be lowered and decorative post caps will be added. Frank motioned to accept this compromise and for the Board and Architectural Review Board to continue developing standards for uniform fences. Further, any fences that need to be replaced in the future must comply with the restrictions in affect at that time. Vince seconded the motion. All were in favor.

276 Meadow Beauty Terrace. Though previously submitted a request for installing a fence, which the Architectural Review Board did not approve, the owner will now be installing a vertical shadow box fence (an approved style).

As Chair of the nominating Committee, Stuart Jones presented the names of Barry Smith, Diana Smith (not related), Stuart Jones, Vince Murray and Frank Grosch as the slate of candidates for the upcoming annual meeting.

Financial Report:

Frank reported the following as of January 16, 2001.
75% of the owners have paid their assessments. Cash on hand in operating is $45,000. A service contract was finalized on signed with Eden Landscaping and contains a thirty day no cause cancellation clause. Bob Welch was recognized for playing a significant factor in a lower fee. Bill Flynn was added to the Landscape Committee.

The current insurance policy is prepared with a 90% co-insurance clause. This should be changed to agreed upon values. Frank made a motion to bind coverage with Nationwide Insurance-Barry Scarr Agency, since their umbrella policy will cover the general liability and Directors & Officers liability, unless they cannot offer the agreed upon value coverage otherwise Hillcrest Insurance will be selected for coverage. Vince seconded the motion. All were in favor.


Unfinished Business:

Considering the information in Mickey's previous e-mails Frank suggested that Paul Wean be engaged to prepare a document that would assign the Developer's rights to the Association for installing irrigation wells on common open areas of the community. Without this assignment of rights Beazer Homes is the only entity capable of doing this. The Board unanimously agreed to this suggestion. Once received Mickey will forward it to Pete Small at Beazer Homes for his approval and execution.

Stuart motioned to spend up to $150 for room rental at Wilson Elementary School in the event no other meeting place can be secured for the annual meeting. Frank seconded the motion. All were in favor.

Rather than mailing the year end financial report to all owners the Board agreed to mail out a postcard advising owners that the year end financial report was available, but to also have copies of the report at the annual meeting.

Frank made a motion to spend up to $250 for fabricating and installing a bulletin board in the recreation area for posting notices. Vince seconded the motion. All were in favor.

Paul Wean will be asked to attend a board meeting prior to the annual meeting for legal counsel on the proposed amendment and general advice.

Barry Smith was asked to secure a signed agreement with the Seminole County Sheriff's Department to enforce County ordinances and traffic laws inside the community. A specific entry code will be set up in the gate system to allow for Sheriff and EMS access.

New Business:

Management company; Frank is still working on this and has a couple more companies to explore. He has acquired information for the local chapter of the Community Association’s Institute (CAT) and the Institute of Real Estate Management (IREM) and is making progress in determining the “going rate”.

The developer's punch list will be one of the items to be reviewed with legal counsel.

Vince will investigate the condition of the recreation area and picnic tables after receiving a report of vandalism.

Mickey continues to find a solution to the white staining on the brick walls.

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.