BOARD OF GOVERNORS ANNUAL & REGULAR MEETING
MINUTES
Thursday, March 19, 2009 – 7:30 P.M.
T.P.C. Eagle Trace Clubhouse
President Marty Friedman called the Annual Meeting to order at 7:30 p.m. Those directors present were Mickey Berk, Harvey Morrow, and Jeff Eisensmith.
Absent: Renee Waltz and Ted Scatcherd
Management: Lou Brawer
Frank, Weinberg & Black: Steve Weinberg Esq.
Mr. Friedman opened the meeting by thanking everyone for attending this meeting.
Since this is the Annual Meeting Mr. Friedman asked if there are business items to come before the Board as there was none the Annual Meeting was adjourned and the Board moved immediately into their Regular Meeting Agenda.
AUDIENCE COMMENTS:
Mr. Friedman announced that two residents requested permission to address the Board:
Dear Lou:
I live on Augusta Terrace and am one of the first residence to have moved into Eagle Point. Many times I have been told by the Association to report complaints to the city's code violations office. They are furious with the association because they keep on referring association problems to the city for action. The head of code enforcement once went into a verbal tirade because the association expects the city to enforce association rules and regulations with their limited enforcement staff and that we abuse the system! He told me that he lives in a homeowner's association and the rules and regulations are strictly enforced and if necessary homeowners are fined until they comply. If they still refuse to comply, the association does the repairs and liens the homeowner. I have had many other friends who also live in homeowner association developments who confirm the same thing. I do not know anyone who says their association has the same limits Eagle Trace claims to be limited to enforce compliance!
Regarding homeowners having financial problems. It shouldn't be our problem if they purchased houses they can't afford and never put money away for a rainy day. I'm tired of paying the price for other people's irresponsible behavior. It's always the guy who does the right thing and lives strictly within their financial means who get screwed by those that are irresponsible! I thought that one of the main reasons for purchasing a home in a homeowner's association environment was to keep neighbors from conducting themselves like pigs!
What is the solution? When something is broken like our community, it's time to make drastic changes. The association needs to write new documents and have the association control all exterior maintenance of the homes in our community. I have gone to other communities where this is done and I must say that it solves a huge amount of problems. Voluntary compliance especially in an older deteriorating community like ours doesn't and will never work! A good example of that was the mail box project a couple of years ago. Voluntary compliance didn't work and the ones that were never repaired look like hell! The association should be adding these projects into the budget and if necessary assessing each homeowner.
Lou and the Eagle Trace Homeowner's Association,
A few years ago, there was a perception after Hurricane Wilma that many homeowner associations and condominium associations felt the City was neglecting its duties in enforcing the City's codes.
During that time there were many homeowner associations that did not assist the Code Enforcement Division in getting compliance with many of the City codes.
The Code Division has always solicited the assistance of associations and Eagle Trace has always worked with Code over the years, especially Lou Brawer your property manager. There has been a great working relationship. The Eagle Trace has always worked and have been cooperative in assisting with code issues.
The issue may have been brought up because of the lack of cooperation from various associations over many years in the past. Recently many associations have stepped up to the plate especially with assistance with the large number of foreclosed homes.
Eagle Trace has assisted code in mowing the lawns and Code has taken care of the stagnant swimming pools and securing homes. With only 6 residential code officers to cover the City it is very helpful when associations can assists code in keeping the aesthetic issues up in their community such as discolored roofs and lawns and landscaping.
Eagle Trace is a beautiful community and is maintained and the Code Division will always assist in enforcing the codes.
Ken Maroney
Chief Code Enforcement Officer
Other residents with comments and concerns were advised that additional time will be allocated later in the meeting to hear their comments.
TRANSPONDER SYSTEM
Mr. Friedman introduced Mickey Berk who in turned introduced Mr. Rob Belline from SafeHouse Systems to explain the proposal for the new transponder system to replace the clickers.
Mr. Berk started off by explaining the reasons for the change which centered on the fact that our current clickers can be programmed into cars which compromise the community’s security.
The transponders are similar to “Sunpass” and will be affixed to a car’s windshield. Once they are removed they will no longer work and must be replaced. This will prevent them from being transferred from one car to another.
Mr. Belline went through the workings of the system and showed a sample of the transponder. He then answered Board and audience questions concerning the project.
Mr. Berk told the Board and the audience the actual rules for the distribution and who will be eligible to receive a transponder has not been worked out yet but he hopes to have a proposal for these rules by the next meeting.
Mr. Friedman reminded everyone that the funds for this project were budgeted for and there will not be a need to take money from our Reserves to pay for the project. The cost of the actual transponders will be taken from monies previously collected for clickers and from future purchases of the transponders.
A MOTION was made by Mr. Berk and seconded by Mr. Eisensmith to approve the proposal from SafeHouse Systems for $36,099.66 for the purchase and installation of the transponder system. MOTION PASSED 4 YES and 0 NO.
The system installation will take approx. twelve weeks and Mr. Belline feels that we should be able to totally turn off the clicker system by the end of August.
Mr. Brawer told the Board that the telephone notification system as well as mailings will be used to inform residents of when they can come and get their transponders and also what information they will need to have with them.
LANDSCAPING UPDATE
Mr. Brawer informed the Board that work has been started on the landscaping projects that were approved at the last meeting. To date all of the old plant material has been removed and the ground is being prepared for the new plantings. This should be completed within the next two weeks.
Mr. Brawer told the Board that he found much of the electrical and irrigation system in poor condition as well as a safety hazard especially at the North Gate. He in consultation with Mr. Friedman decided it was necessary to make immediate repairs to both systems especially at the North Gate. Repairs have been completed and the money for these repairs will be taken from the Grounds Maintenance line item of the budget.
Board members were urged to take a look at the North Gate lighting.
Mr. Friedman asked that a MOTION be made to accept the Minutes from the Regular Meeting held on February 17, 2009.
A MOTION was made by Mr. Morrow and seconded by Mr. Berk to approve the Minutes of this meeting. THE MOTION PASSED 4 YES and 0 NO.
Mr. Brawer read the Financial Report for February, 2009.
For the month of February the Master Association was under budget by $20,862. Year to date the Association is under budget by $43,542.
The Community Reserves as of February 28, 2009 are $557,123.
Mr. Brawer suggested that we change the Agenda at this time and move the Legal Report to last since it could be lengthy.
Mr. Brawer presented his report, which was presented to each Board member in written form. A copy of Mr. Brawer’s report is attached to these Minutes and will be placed on the web site for residents to review. Some of the key points that Mr. Brawer reported on included:
Mr. Brawer presented the ARC report for the Committee and explained the different applications. It was noted that the application by Mr. Sammons addressed earlier in the meeting was recommended for denial by the committee in their report.
A MOTION was made by Mr. Morrow and seconded by Mr. Eisensmith that the ARC report be approved as recommended by the committee. MOTION PASSED 4 YES and 0 NO.
AUDIENCE COMMENTS
The following issues were raised by residents:
Mrs. Geri Newman of Georgetown complimented the Board on the telephone notification and also questioned the Board on the liability associated with the property that the Association now owns. Mr. Weinberg addressed these concerns.
Mr. Robert Brands asked some additional questions concerning the transponder system.
Mrs. Karen Sheinbaum alerted the Board to a problem with residents passing school buses especially in the morning. The Board will look into this with the Coral Springs Police.
Mr. Jake Herron addressed the Board about the problem with the hedges that were cut by the Board and the view that he now has with his neighbor’s home. He asked that the Board go and paint the back balcony which the Board rejected but they did instruct Mr. Brawer to send a violation letter to the neighbor in hopes of getting the work completed.
Mr. Weinberg reported that there are currently 53 collection matters with his office:
14 units have received collection letters
19 units have had a Claim of Lien recorded against them
10 units are in foreclosure
2 units are in bankruptcy
8 units have paid their account in full
Mr. Weinberg then explained some of the different collection issues and what the community can expect in the near future. He also advised the Board which units they should move forward toward Foreclosure.
Mr. Weinberg announced that the Association has set up its holding company for properties that they take in foreclosure actions. This holding company is a Limited Liability Corporation. The cost of setting up this company was less than $200.
Mr. Brawer was instructed to continue to have Potter Lawn and Landscaping clean up these properties and to add the bills to their accounts.
The next meeting of the Board of Governors will be held on Tuesday, April 21, 2009 at 7:30pm. The meeting will again be held at the TPC Eagle Trace Clubhouse.
The meeting was adjourned at 9:15pm.
Respectfully submitted,
Louis Brawer
Association Manager