CROSS CREEK HOMEOWNERS ASSOCIATION Annual Meeting Phases I and II December 19, 2013 I. Roll Call The meeting was called to order at 6:00 P.M. at Liberty Baptist Church. The following members of the Cross Creek Board of Directors were present: Ed Gray, Bill McPeak, Jim Rybinski, Lee Somers, and Charles Williams. A quorum of Board members was present to conduct business. Members of the Cross Creek community were also present. (Att. A) Mr. and Mrs. Baxley were welcomed as new residents. II. III. Minutes of the Board of Directors meeting of October 17, 2013 (Phases I and II) The reading of the minutes of the Board of Directors Meeting (Phases I and II) of October 17, 2013 was suspended as the minutes had been posted at the community kiosk and were distributed to those members present at this meeting. A motion was made and seconded to approve the minutes. All in favor, none opposed. Treasurer s Report The Treasurer s Report was presented for review. (Att. B) Summary 2013 Nov Dec* Beginning Bal Checking $23,721.21 $23,732.21 CD 6,053.66 6,053.66 Sub-total $29,774.87 $29,785.87 Receipts 260.00 130.00 CD Interest 0.00 0.00 Disbursements ( 249.00) ( 4,002.65) End Bal Checking $23,732.21 $19,859.56 CD 6,053.66 6,053.66 Total $29,785.87 $25,913.22 Cash Flow (+/-) $ 11.00 $ (3,872.65) *Working balances for the month. Receipts: Nov HOA Dues $ 260.00 (2@130) Total $ 260.00 Receipts: Dec HOA Dues $ 130.00 (1@130) Total $ 130.00 1
Disbursements: Nov Duke Energy $ 45.79 Utilities Duke Energy 19.64 Utilities Cobb Cole 36.00 Legal Fees Virginia Fitzpatrick 147.57 Supplies and Postage Total $ 249.00 Disbursements: Dec Duke Energy $ 47.57 Duke Energy 20.72 CCR Landscape Mgmt 3,597.65 Common Grounds Contract Virginia Fitzpatrick 61.71 Kiosk Christmas Decorations Liberty Independent Baptist Church 275.00 Meeting Expenses Total $ 4,002.65 Board members approved the Treasurer s report as presented. Members were informed that five homeowners owe the full $260 homeowner dues for 2013. Extensive communication has been forwarded to these homeowners with no response. The Board recommended forwarding these delinquent accounts to the HOA attorney for demand letters. The demand letter will include the additional fees which will be incurred with filing a lien along with the fees incurred for lifting such lien. IV. Old Business A. Joint Projects with Phase III 1. HOA Phases I and II and Phase III Merger Ed Gray informed the Board members of the latest recommendations of the Merger Covenants subcommittee following the input of Kurt Bauer, Esq and further reflection by committee members. a. Proposed wording: All trash containers must be returned to the utility yard or enclosure within eight (8) hours after announced pickup time and kept out-of-sight. The consensus of discussion was the revised wording was too onerous and that the current wording was adequate. b. Solar panels for pools must be installed on the rear or side of house and approved by the Architectural Review Board. Discussion was held on the possible conflict with State regulations regarding the installation and position of solar panels. This issue should be highlighted for review by legal. c. Dish antennas and aerials dishes up to 24 should be installed on the side or rear of the house. A suggestion was provided that the covenants should state that it is the preference of the HOA, rather than a directive. 2
d. Routine maintenance items the subcommittee reviewed the difficulty with the wording of similar or same. The subcommittee was not able to come to a decision regarding whether routine maintenance should be under the auspices of the Architectural Review Board. The Board recommended that routine maintenance (painting, window installation) should not be under the approval of the Architectural Review Board. e. Correction of clerical mistakes and other minor changes were also done. A Board member commented regarding the application of fines to homeowners for violations of covenants. New state regulations note that fines up to $1,000 may be applied, without specific notation within covenants; however, a specific committee must be established and appropriate notice given to the homeowner of the violation. Ed Gray will forward the changes to the Board members of Phases I and I and Phase III for their review and decision to pursue further action. 2. Phase III payments to Common Ground Maintenance Members discussed the invoices generated to and payment received from Phase III for its share of common ground expenses. Phases I and II invoiced a total of $4,037.38 to Phase III for the period January-December 2013 and received a total of $3,500, leaving a balance due of $537.38. According to Joe Comella, Phase III s representative at this meeting, their HOA had budgeted a total $3,500 for 2013 common ground expenses and identified $4,000 for 2014 common ground expenses. Several recommendations were considered both from Board members and homeowners present regarding the unpaid balance of $537.38 from 2013: a. Continue the unpaid $537.38 as a balance forward b. Not pursue payment of the unpaid balance of $537.38 and consider it a write-off. It was identified that Phases I and II are obligated to maintain the common grounds within its boundaries; however, a recommendation was made to enter into a written agreement with Phase III for payment of its share (1/3) of total common ground expenses. After discussion, a motion was made and seconded for Ed Gray, as President, to draft a letter to Phase III confirming their commitment of payment of $4,000 for 2014 common ground maintenance. The letter will also recognize the unpaid amount of $537.38 from 2013. All in favor, none opposed. Motion approved. B. Maintenance Issues 1. Playground Structure/Equipment A search is underway for a contractor to service the playground equipment. Charles Williams will present recommendations at the February 2014 Board meeting. 3
2. Shed The HOA has maintained a vinyl shed in the playground area for storage of small garden tools and Christmas decorations. At the present time, the shed is in major disrepair and Board members were requested to consider dismantling and discarding the shed. All members agreed that the shed should be discarded and purchase of a new shed, if necessary, be considered in 2014. 3. Mail Kiosk and Pavilion A search is underway for a contractor to repair the mail kiosk and pavilion. Charles Williams will present recommendations at the February 2014 Board meeting. 4. Bulletin Board Construction of a new bulletin board will be considered with the repairs necessary to the mail kiosk and pavilion. 5. Tree Trimming Joe Comella, Phase III, informed the Board that the City of Deland started work on tree trimming, but because of scheduling conflicts, was not able to complete the work. He will follow-up with the City for the rescheduled date. After the City completes its work, CCR Landscape Management LLC (Clifton Landscaping) will be asked to trim any trees that do not impact lighting. Lee Somers will follow-up with CCR Landscape Management LLC regarding completion of the insurance work on Marjorie Rawlings Dr. Discussion was held on the present condition of the pond. Due to the lack of rain, the pond is mostly dry allowing grasses and weeds to grow. Lee Somers will follow-up with CCR Landscape Management regarding the possibility of having their machinery mow the area. C. Recruitment Efforts 1. Architectural Review Board Tim Augustine is a member of the ARB; however, he has been nominated as a Board member. As such, it will be necessary to recruit additional members to the Architectural Board. A notice will be placed on the mail kiosk to advertise for additional community members to join the ARB. (Att. C) 2. Secretary Charlaine Free and Beverly Bury have agreed to share the responsibilities of this position. (Att. D) 3. Treasurer Virginia Fitzpatrick will continue as Treasurer. 4. Neighborhood Watch Coordinator Bob Luebke has been the Neighborhood Watch Coordinator for a number of years; however, he is out of town for several months of the year and has requested another homeowner to take over this responsibility. A notice will be placed on the mail kiosk for Phases I and II and mailbox stations for 4
V. New Business Phase III as the Neighborhood Watch encompasses all phases of the development. (Att. E) A. Board Committees Architectural Review Board As noted above, a notice will be placed at the mail kiosk for additional community members for this committee. Beautification Committee this committee has been tabled. Neighborhood Watch Bob Luebke reported that a bear has been spotted in the area of E. Silver Hammock. A trail camera was set up by a resident which captured a picture of the animal at 2AM. The picture and caution notice will be posted at the mail kiosk. An e- alert will also be sent out through the Neighborhood Watch distribution list. Discussion was held on the problem of residents parking their cars overnight on the street and on the grass shoulder between the street and the sidewalk. Although there are signs throughout the community regarding overnight parking, this problem has continued. City of Deland s ordinance and the community s covenants prohibit parking on the street or on the area between the city street and sidewalk. Ed Gray, will confirm this ordinance through the City of Deland and will prepare a notice to be placed on cars parked overnight on city streets or on the area between the street and sidewalk. If the problem persists after the notification, the City of Deland Police Department will be requested to enforce the City s ordinance. Discussion was held on the speeding of cars through the neighborhood and a recommendation was to consider installation of speed bumps. However, such installation would then make the HOA responsible for street maintenance. No further action on this recommendation was taken. Social Events A holiday get-together is planned for Sunday, December 22, 2013, 4PM, at the pavilion at the playground area. All homeowners are invited. Welcome Committee Members of the Welcome Committee are: Joan Adler, Joyce Granger, Ione Liska, Sondra Luebke and Kathy Mahoney. Members rotate welcoming new homeowners to the community. Each new homeowner receives the community s Bylaws and Covenants as well as a plant. The Committee is alerted by the Treasurer as to new homeowners. Discussion was held on the updating of the Neighborhood Directory. The revised edition was published and distributed in February 2013 and rather than develop a new directory, a recommendation was made to include an addendum for new homeowners since February 2013. Sondra Luebke will coordinate this effort for Phases I and II and will work with Phase III for any additions. 5
B. Irrigation Issues Spider Lily Court The Board received a letter of concern from a resident regarding her mother s home at 1517 Spider Lily Court. (Att. F) The resident identified the sprinkler system had been irrigating the island at the end of the court. It appears that 1517 Spider Lily was constructed as a model and the builder connected its sprinkler system to the island to ensure proper growth. The resident engaged the services of Sprinkler Repair Inc to stop the flow of water to the island and capped the pipe at the island. The resident also met with a representative of the Board and CCR Landscape Management to review the issue and the recommendation of capping the homeowner s water line to the island at the resident s property. The homeowner is requesting a refund of past higher-than-average water bills and contractor expenses in the amount of $260.00. The resident suggested that her 2014 HOA dues in the amount of $260.00 be waived as payment of this bill; however, the Board would prefer to consider any reimbursement independent of 2014 dues. Lee Somers will follow-up with CCR Landscape Management to identify the water line on the homeowner s side of the street and cap the line. Once this work has been completed and the homeowner satisfied, the Board will consider reimbursement of expenses. CCR Landscape Management will also investigate the rerouting of the HOA water lines to continue irrigation of this affected island. C. Fence Concerns Corner Crossing Members discussed the recent concern of a resident on Corner Crossing regarding the condition of his neighbor s fence. The issue has been resolved between both parties with necessary repairs made to the fence. Several boats have been removed from driveways after discussions with residents. A resident has parked a closed trailer in his driveway for a number of weeks. A letter will be forwarded to the resident citing the covenants prohibition of trailers on driveways. (Reference: Article VII. General Restrictions-Use and Occupancy, Section 14) D. Board Member Nominations Members and residents reviewed the expiration of the terms for three Board members (December 31, 2013): Bill McPeak, Ed Gray and Lee Somers. Residents received a notice of these vacancies along with a nomination form on October 19, 2013. (Att. G) E. Voting on New Members As no nomination forms were received as a result of the October 19, 2013 mailing, the nomination forms for Tim Augustine and Brian Volkman were presented from the floor. (Att. H) Voting on these nominations was a voice vote from those residents present and all were in favor to elect Tim Augustine and Brian Volkman as new Board members. They will replace outgoing members Ed Gray and Bill McPeak. As there was not a nomination presented for the third Board vacancy, Lee Somers agreed to serve an additional two-year term. 6
Residents expressed their gratitude for the work of Ed Gray and Bill McPeak as Board members. Recommendation was made to continue the work of combining the two homeowner associations into one association. F. Development of 2014 Budget and HOA Dues Ed Gray and Jim Rybinski developed a draft budget for 2014 taking into consideration the 2012 budget, 2012 actual expenses, 2013 budget and 2013 actual expenses. (Att. H) The categories in the 2013 budget listed as Grounds Maintenance Contract, Irrigation System and Pond Maintenance have been consolidated into one category under Grounds Maintenance Contract. It was noted that the grounds maintenance contract with CCR Landscape Management, LLC is subject to a possible 1 ½% increase in 2014. The HOA has requested a 2014 schedule of work from this vendor. The Master landscape Plan (Phases I, II and III) has been budgeted with $4,500 in 2014 with an anticipated contribution of $1500 (1/3) from Phase III. A recommendation was made to decrease the budgeted amount for the Welcome Committee from $700 to $300. The additional expense in 2013 was for the printing of the Community Directory. A motion was made and seconded to accept the 2014 budget. Based on the 127 homeowners in Phases I and II, the dues for 2014 will remain at $260. This will provide $33,280 in dues against a $34,570 budget for 2014. The $1,290 difference will be offset through the contributions from Phase III on common ground expenses ($4,000) and Master Landscape Plan ($1,500). Residents will receive their 2014 homeowner dues notices during the first week in January 2014 along with the 2014 budget. G. Board Organizational Meeting Date As the two new Board members were in attendance at this meeting and the 2014 budget and dues amount have been accepted, it was recommended to forego the Board Organization Meeting usually held in January. Board meetings for 2014 will be held on the third Thursday of every other month, at 6PM, at Liberty Independent Baptist Church, on the following dates: Thursday, February 20, 2014 Thursday, April 17, 2014 Thursday, June 19, 2014 Thursday, August 21, 2014 Thursday, October 16, 2014 Thursday, December 18, 2014 (Annual Meeting) There being no further business, the meeting was adjourned at 7:55 PM. Respectfully submitted, Virginia Fitzpatrick Secretary 7