Bayshore Property Owners Association Board of Directors Meeting Mon., November 20, 2017
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- Theodora Clarissa Ross
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1 1Meeting called to order at 7:55pm. Board members present: Bob Brosso, Peter Buck, Pat Hoffman, Karen Reagan. Cathy Petz was unable to attend. Property Management present: Doug Nichols, Seascape, was in attendance Homeowners present: M. Miller, R. Romani, M. Bragdon, R. Fenfert, C. Morales, L. Muller, B. DiMartino, J. Thiel, J. Dill, T. Starr, K. Cunningham, J. Nataline, G. Taylor, T. Schatzman, L. Kelly, M. Madison, C. Nappa, H. Felinski (names that are struck through did not sign in for second meeting but no one actually left. B. Burton was there but did not sign in for either. Pat Hoffman explained that there is a four (4) member board present for this meeting, and that Cathy Petz is unable to attend. Attendees were informed, at the beginning of the Budget Ratification meeting earlier this same evening, that M. Bragdon is recording the meeting. Approval of minutes from October 16, 2017: Motion to accept: Brosso/Reagan. Carried. Financial Report: Karen Reagan reported the balances in the accounts. Legal fees are currently % over budget. Security costs are also over the budgeted amount. Attempts are still underway to try to recover monies from McGuigan. Two homeowners (Schmidt, Payne) filed for bankruptcy, with one approved (Schmidt). Pat Hoffman also reported that Morrisons had had an appointment with Seascape, to review and resolve their delinquency. Payments made via credit card, to Signature, for their assessments were not credited correctly. With corrections, the outstanding balance is reduced from $ to $290. Motion to accept: Buck/Brosso. Carried. Management Report: Work on delinquencies; website updates including the updated reserve study; prepared the budget for the POA Board s approval, legal issues, violation letters (trash, satellite dish, parking, right of way); arranged for audit and provided information for same; arranged for maintenance of the high grasses; arranged for winterization for the fountains (long neck); had the irrigation system closed for the winter; made arrangements for 2018 contracts where needed; made arrangements for tree trimming. Pat Hoffman added that the satellite dish on Sandpiper had been removed from the roof and mounted to the fascia, but the bracket remains on the roof. Seascape will send a violation letter with explicit instructions that the roof must also be repaired. Motion to accept: Buck/Brosso. Carried. 1 of 6
2 Committee Reports: Old Business: 1. Architectural: Lou Muller collecting samples of paint, siding and roofing materials that conform. Will be stored in clubhouse (office) so they are available to homeowners for consulting with contractors. Homeowners would need to contact Lou or Seascape to make arrangements. Question was asked regarding replacement windows and the suggestion was made for all homeowners to review the ARC guidelines. Motion to accept: Buck/Reagan. Carried. 2. Neighborhood Watch: Peter Buck initial meeting in September, with first night watch on 10/31/17 when separate pairs of volunteers walked through the townhouse and the single family home sections of the community. distribution included mission statement and request for volunteers. Members who are out on watch will be wearing day-glo vests and/or use the vehicle flashers. Members may also participate as Window watchers and may call/text/ to report activity that makes them concerned. s will be resent to emphasize the continued need for volunteers, including window watchers, as well as a reminder of the telephone numbers to keep on hand. Discussion is occurring regarding the use of dusk to dawn light bulbs and making them available to the community. Another meeting will be scheduled before the December holidays. Motion to accept: Reagan/Brosso. Carried. Committee members include: Hilary Felinski Skip Petz Trudy Zimmerman Susan Wittmer Judy Stout Peter Buck Joe DiMartino BarbaraDiMartino Marie Miller 3. Recreation: G. Taylor reported on behalf of S. Wittmer. A family movie night is planned for Friday, 12/8, at the clubhouse. This movie is geared towards younger children. Suggestions are welcome for ideas for 2018 activities. Contact Susan via at Switrn@aol.com activities have included happy hours held on the first Friday s of several months; Bingo; hot dog sales. Attendance at the happy hours is increasing BYOB and BYOS (snacks). The BINGO evening included gifts; 12 games for $5.00! Thanks were offered to S. Wittmer for her committee s efforts through the year. Motion to accept: Brosso/Reagan. Carried. 1. Addition to the Rules of Enjoyment. Peter Buck read proposed amendment regarding the carrying of specific types of weapons in and around the pool and clubhouse. See 2 of 6
3 the Appendix at the end of this document for the full text. The motion to approve this was delayed until after the open discussion. Motion to accept: Reagan/Brosso. Carried. 2. Tree Trimming: Doug Nichols has not received any response yet from Shore. $450 is allocated for this work and alternate plans are in place should Shore not respond in a timely fashion. 3. Seagrasses: The tall, ornamental grasses will be cut back in January or February. 4. Mortgage information from Homeowners: earlier, an had been sent requesting that homeowners provide the name of their mortgagee and account number (please note, the balance, payment amount, etc. is not being requested). This information will be used, when and if owners become delinquent in paying their POA assessments. Discussion included the distinction between the requirement that is included for COA members and the request being made of the POA members. Another letter is being drafted to reiterate the request for this information (POA). To date, 31 units have responded out of the 211 total members. Owners who do not have a mortgage are also asked to respond so that Seascape knows that is their situation. 5. Lease information from landlords: Landlords are required to provide copies of the leases for their units. Specific clauses are to be included in the leases for Bayshore units, and without copies of the leases, it is not possible to confirm that inclusion. An Amendment was approved and filed in 2008 that provides details regarding rental properties. The Amendment allows for fines of $100/day (per unit) to be charged to those who do not comply. The letter that is to be distributed to all will include a date by which the documents are to be provided prior to fines being charged. The suggestion was made to set this date for some time in January The POA Board will consider the date and provide that information to Seascape. To date, 0 lease copies have been received. 6. Pool area water fountain: Doug has found someone who thinks they can repair the fountain. Since the water is now turned off, that repair will wait until later in If this person determines that the fountain cannot be repaired, the decision has been made to remove the fountain. 7. Certificates of Voting: Forms included in the material made available at the meeting. Each unit is required to have filed a voting certificate, with separate certificates required for the POA vs. COA. Each unit has a single vote while each person listed on the deed is considered a member of the association. 3 of 6
4 8. Street Lights: DEC does not clean the street lights. It may be possible that, when the townhomes are being power washed, the lights could be sprayed down as well. Discussion included a request to have the light bulbs on the light posts on Bayshore Blvd changed to the newer LED lights (existing lights are sodium vapor). The LED lights are more intense. Changing the lights on Bayshore allows the members of the community to become familiar with the differences in the light quality. Doug Nichols will make the contact. Discussion also included explanation regarding the lease arrangement for these street lights and that there should be no additional cost when the change is made to these LED bulbs. Cost is $12/month/pole. 9. Asphalt cracks in town home area: The cracks in the town home area roads and driveways have been made. Visual inspection confirmed. New Business: 1. Mention was made that the power washing is a COA issue. The mention of the COA power washing activity was made with respect to the possible cleaning of the street lights. 2. Mention was made regarding repairs to the townhomes that had been identified via an unauthorized visual inspection. Pat Hoffman reported that those repairs had been completed. 3. Violation letters: a joint POA Board/COA Council meeting was held on 11/9/17. During that meeting a discussion occurred regarding violation letters. Going forward, letters will be issued by Seascape on behalf of the appropriate Board or Council. Fines will continue to be collected by the POA. 4. Joint POA Board/COA Council meetings: the POA Board and COA Council plan to have joint quarterly executive sessions. 5. Document revisions: The documents for both associations need to be reviewed so that they can be updated to be both more current and more consistent. This process will eventually require the formal approval of members, but will need to be worked by a committee to draft the changes for members to approve. Those who may be interested in participating in the committees should contact a POA Board member or a COA Council member. 6. Light Bulbs: Additional discussion to explain the differences between the dusk-to-dawn bulbs that are available and the (more expensive) dusk-to-dawn/motion 4 of 6
5 detector bulbs that are also available. Several households have already purchased and installed the dusk to dawn bulbs and are satisfied with their purchase. 7. Request for Proposal (RFP): Current Seascape contract expires in December RFP for each Association (POA and COA) needs to be prepared, including the specific responsibilities, line items, etc. for which the new property management team would be held accountable. Those who may be interested in participating in the committees should contact a POA Board member or a COA Council member. 8. Quarterly Newsletter: Donna Buck has been working on the next issue of the quarterly newsletter. The newsletter includes our calendar of events, etc. If you have an article to submit or a suggestion to make, you may contact Donna directly (DonnaBuck58@gmail.com) or contact a POA Board member or a COA Council member who will pass the information to Donna. Thanks to Donna for taking this task on. Open Discussion: 1. POA lawsuit against an individual member: discussion included reference to the need for a resolution at a meeting and a vote of 75% of members. The Board will review. 2. Objection was raised regarding the cancellation of the December POA meeting. 3. Mortgage Information: concerns were expressed regarding the Seascape s safe storage of the mortgage information. Discussion also included a follow up explanation regarding the requirement that the townhome owners (aka COA members) should be following up in providing that information vs. the request of the POA members to provide the same information. Emphasis was made that this is an example of what is included the Association documents, but that has not been enforced. The Board is holding all members of the POA to the same standard of following the documented requirements. The mortgage information will be requested/required on an annual basis. Discussion included an example by K. Dill where she attempted to do an online lookup to prove that the information is readily available and does not need to be provided by the members. 4. Mention was made regarding Security costs being 276% over the budgeted amount. 5. J.Dill informed members that he was being sued by the Association. 6. Audit information: Question was asked regarding whether the information for 2015 & 2016 has already been provided to the auditing firm. Answer: yes. 5 of 6
6 7. Voting certificate: K. Dill raised a question regarding marital property and a request was made that research be performed to determine how the existing voting certificate requirements apply to marital property in DE. 8. Opinion was expressed that if there are to be joint meetings that are open to the members, the appropriate notice must be provided and posted. Also that the minutes should be kept separate. 9. Discussion regarding reserve amounts vs. saving amounts vs. checking account amounts. Explanation was provided that the reserve amounts from each owner s assessments are allocated when the payment is received, and that the monies are transferred to the reserve account in December. 10. December Meeting: TBD Meeting was adjourned at 9:27 pm. (Buck/Brosso) Appendix: #8 Carrying of Weapons within the Clubhouse and Pool Enclosure The Bayshore Clubhouse and Pool are private property. As such, the carrying of a Dangerous Instrument, a Deadly Weapon, a Disabling Chemical Spray, or a Firearm, hereafter known as Weapons, as defined in the Delaware Firearms Law, Title 11, Part 2, General Provisions Concerning Offenses, sect. 222, General Definitions, opened or concealed, is prohibited within the Clubhouse or Pool enclosure. In addition to the Weapons referenced above, any air gun, BB gun, gas-operated gun, or spring operated gun is not allowed. Also, any instrument, toy, or weapon commonly known as a peashooter, slingshot, or beany, or any bow made for the purpose of throwing or projecting missiles of any kind, by any means whatsoever, or any knife with a blade longer than three inches, or any sword is prohibited. The only exceptions to this rule are active or retired law enforcement personnel and active or retired judicial court personnel. If a violation occurs, penalties will be prescribed as in paragraph #4 of the Rules of Use and Enjoyment, Misuse of Common Areas. In addition, any violation of a Delaware State Law may be prosecuted to the fullest extent allowed. 6 of 6
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