Minutes. Magnolia Point Community Association, Inc. Board of Directors Meeting Magnolia Point Clubhouse November 9, 2015

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1 Magnolia Point Community Association, Inc. Board of Directors Meeting Magnolia Point Clubhouse November 9, 2015 Minutes Dick Titus called the meeting to order at 1:30 p.m. at the Club Down Stairs. Committee Members present: Also present: Darren Decker, CAM Lifestyles Realty. Quorum was met with Dick Titus and Vince Seiferd were in attendance Approval of Previous Meeting Minutes October 12 th meeting minutes were approved unanimously with motion by Vince and seconded by George Bland. Back Gate Report Vince indicated he spoke to Jeff and had an issue with band width. Darren was aware of it and reported the phone number was lost and they had to fix it. Comcast is to change out the box and upgrade the data input to 100 down and 8gigs up. To be installed Wednesday this week. The operating system for the home owner s data is working but has a few minor bugs that will be address this week. Darren reported the call box workings. Toggle switch and the bandwidth upgrade should be done this week or early next week. The blue ray external may not be needed due to the upload speed not the write times. The reason for the blue ray was for the volume of writing but it seems it may not be needed as the writing of what we have is not that much more than what we have. Financial Statement Review Ray Braly reported we have the August financials and there seems to be a few problems with them. Since then Dick and Ray met with the accountants. In comparing the month to month. The receivables in July they were $152k and in August they are $100k we have dropped $52k in August. The over 90 days in August is $81k July was $108k so the difference is $27k so you would think the bad debt allowance reserve that was $124k in July is now $115k in August so it has gone down about $9k so I do not know how they would do that. So I do not have a whole lot of confidence in what we are seeing. I just review what is there so I cannot attest to the accuracy of these financials. Suggest to the Board might want to seriously question the accounting. If you look at the receivables on a year to date basis because the monthly numbers are not right. When they make corrections they show the corrections in the month where there was an issue not the current month. If you look at the total revenue $756k total expense of $790K with a year to date loss of $33, If you look at the various expense accounts some flow into the revenue item. So if you have ARC fees you should have revenue if you look at the expense you have $12k if you look at the revenue you have $ If you look at previous years about 90% of revenue shown in the income offsetting the expense. Somehow the billing or posting is not being done. Administrative Expenses, ARC fee $11k unfavorable, Legal is unfavorable of $10k most of that is due to the Club Contract. These two add up to about $22k of the $33k total. Utilities are fairly close. Repairs and Maintenance sub section $27k unfavorable. General repairs and Maintenance is $9k unfavorable but a lot of that has to do with the back gate expenses going in this line item. Darren reported there will be very few dollars going into this account the rest of the year so it is a little over but will be close to budget year end. On the Vacant Lot mow is the major single issue at $22k unfavorable with the understanding there will be charges posted to this account for the annual lot mows that have not been posted yet. If the owner is already delinquent the charge will add to it but that is why we have the bad debt account. Typically bad debt is set at the beginning of the year. Access and control is under budget. We have a loss of $33k. 1

2 Question from the floor about foot notes but that does not help us but when there is a change in prior months notify us of what that is and why. Dick indicated we are about $20k given the issues we have with the software. Committee Reports Access Control Nelson Corby was in attendance with nothing to report. Architectural Review Bill Ross not in attendance with nothing to report but later in new business. Communications Bob Tague in attendance indicated many changes to the website and everything looks very good. Thank you to Joanie for all her hard work. She has also asked to look at someone running the site from outside the property / contracting the work. The results of blasts and requests to sign up is rather disappointing when Darren writes the letters at about 50% or less. Seems Like new residents are not interested in signing up for the Blasts. Cleary on Colonial might be able to do this type of thing. Finance and Insurance Ray Braly was in attendance with nothing further to add. Community Liaison Joe Chao was in attendance we have a member of the committee who is moving to Delaware, Jean and Tim Murphy and would like to thank her publicly as secretary. Recommend Gene be appointed to the committee. We have had a couple of meetings and decided to not have meetings every month but will probably end up having meetings every month. We have not come up with an exact schedule. But our meetings will be the third Wednesday. Todd Liddic was there but the Rothfells were out of time. The overall theme was communication, communication and communication. Issue with regard to Halloween party where there were very little response to have this party so it was canceled. Restaurant reopened this past week for Birthday night and was attended well. This Friday night was open and it was slow service but there was a good attendance. We need to bring to the attention of the club about 80 photos of smaller items on the course. Joe mentioned some life safety issues that should be taken care of as soon as possible with barriers. Minutes for the meetings are sent out with a blast . Dick asked to update the website that really needs to be updated. Motion to accept Gene Callahan for the CLC Committee by George, Vince sec, question called passed unanimously. Landscape/Irrigation Mike was not in attendance but reported all common areas in good condition except three crape myrtles on Saint Andrews Court need to be replanted or monitored to see if they will come back in the spring. George reported that we have discovered the Association owns the property adjacent to the guard house in front of Exit Realty on Magnolia Point Blvd. We are going to take care of that by cutting all that back and make that area look similar to the rest of the property down Magnolia Point Blvd. Roads/Drainage/Waterways Repair Tom Branch Rules Enforcement Doug Greenburg was present and reported he has assumed the mantle of the 1000 lb gorilla of the rules the committee. Would appreciate patience with him during this transition of chair. This month there were three hearing notices and when we went back and inspected the properties two of them were taken care of. So there was only one person was someone who we are not even sure who owns the property. We are going to begin 2

3 another round of observations in November. Please feel free to contact me I am a hands on person and will be available. I am trying to put a more personal line of communication on the Rules Committee. Question from the floor Joe joined the committee regarding signs from contractors who pulls the signs and makes contact with the venders and lets them know that signs are not allowed. Joe discussed parking passes and vehicles parked in the street. Discussion about parking in the street with regard to ongoing issue. If they ignore the requirements we need to enforce the requirements when they happen immediately. Question about debris in the roadway placing trash on the street. The Rules indicate yard debris may be placed on the roadway the day before pick up. Tom Sprott signed up to speak. He was gone for 6 months and he was around a number of trailer park. We are starting to look like a Tampa Trailer park. Flags of all type and flown on multiple locations on one each property. Real state Signs are all over the place. Halloween decorations that have not gone away and now decorations have added thanksgiving. Reflectors all over the place with all types and colors. The newer phase is not nearly out of control like the rest of the property. We need to address these issues, do we really need all this stuff? Comment from the floor, he agrees but we allowed this to happen. This has happened over time and where do we go from here now. Somebody has to take the lead and take back this community. Dick thanked them for their comments. Unfinished Business A. Covenants / Handbook Action Plan Dick reported part of the discussion is to address the huge number of requirements that are not necessarily in concert with each other. Not only are we not enforcing the covenants we have but we have covenants and rules that aren t consistent with each other. So we cannot stand up and lean on people on a particular rule when another document says something else. The intent for this is the handbook is a good summary that covers all policies. We took that as the first thing to look at. Not to solve the enforcement problem but to lay out a plan of action to look at the elements that are required and identify the major pieces and put them together in one place. Possibly a special board meeting to talk specifically about what goes in the handbook with regard to all documents. Question from the floor about what we can and cannot do with regard to changing the covenants. Dick responded with we cannot go in and change the covenants. Right now there are 14 different covenants each covenant is good for a particular phase /particular street that is why a single package that Debi and the committee put together was originally founded to produce. The problem with that is we need to have an understanding of what all the changes are that affect each phase before it can ever have a chance of ever getting approved to replace those other documents. It does take a noticed meeting and a vote by 75% approval of the people who are at that meeting to change the covenants. So you do not do that lightly. If we understand those conditions are it is a difficult thing to do, on purpose. We can identify a handbook and it says here are the rules as we interpret those and here are the references to the covenants packages. The handbook disclaimer says this handbook does not represent the declarations and or covenants in its entirety nor does it represent the Association s architectural review in its entirety. The Association governing documents take precedence. But it does give us a means by which we can enforce and everyone will know what rules we are enforcing. So that was why it was important and the reason that I felt it was important. This is why it is on the agenda to start the process off and get something we can all understand, get approval for and get implemented. Doing this with the handbook while we are trying to figure out what to do about the covenants because it is not an overnight issue to resolve the covenant issue. Question about adding the handbook to the budget meeting. Answer, this would not be a good idea as the budget meeting is a one line item meeting. Dick recommended having a separate meeting and asked if representatives from the Document Committee would attend. Board determined to schedule around the committee but did not determine a date at this time. Again, the intent is to take this handbook, from a process viewpoint have one column with what is there and another with the different verbiage from other places and make it one clear document. With the appropriate people in the room 3

4 we can make progress on a document that is clear and enforceable. What we are looking at is selective enforcement due to the different items saying different things. This is what we are endeavoring to address. If we cannot enforce a rule then it ought-not be there. If it is in the covenants we need to enforce them. Dick will take the action to set up a meeting around the schedule of the committee. This meeting will not change covenants but it will and can and will change the rules and ARC that are being enforced and policies that we have laid out. What we are doing is to get this current not redo or make any changes. B. Mail Box Discussion Dick opened with a statement about a bunch of people who have signed up to speak but we would like to go through what we have and entertain questions from the floor after our discussion. Vince started with a document in 2008 where wooden mailboxes will be black in color with gold numbers on both sides of the mail box. Greenery or foliage up to the bottom of the numbers. We have not enforced this policy in previous years. We are trying to determine if we are going to enforce this policy is the starting point. Dick indicated he wants to summarize the situation. Joe has submitted a proposal we had to respond to. That is the mailboxes look terrible, his solution was the Association was to purchase and replace mailboxes. The Board took that under advisement without comment at the last Board Meeting. The reason for that suggestion is that the maintenance of the mailboxes are not being accomplished. As a Board we have responsibility to see that everything is maintained and that is what the rules enforcement committee does and part of that is maintenance of the property. When we look at the mailboxes they have not been maintained and policies have not been enforced. There are policies that are in place that tell us what the boxes look like and or ought to look like. Why do we as a board want to, in effect, reward the bad behavior of those who are not following the rules and maintaining their mailboxes to the standards that are already in place, by purchasing and replacing their mailbox and then taking perpetual responsibility for them. The people who are taking care of their mailboxes are paying for those who are not. This appears to me/board to be something that is not acceptable. The proposal on the table is consistent with our responsibility our authority and our enforcement mechanisms. I have had it reviewed by the lawyers and the rules committee and the hearing committee members. All of these thing are doable and acceptable. We start to aggressively require the maintenance of mailboxes. We will drive the streets and identify every mailbox that does not meet the standards and send them a letter. The letter will state the mailbox will be brought up to standards within 90 days. You have your choice as to the way in which you will bring your mailbox up to the standards. That is as it should be, it is your mailbox. You can repair the mailbox that means you can put it back up straight, paint it and make it so it is acceptable. Or you can replace it with the accepted box and post. We have a set of standard aluminum posts and boxes that are acceptable to the Association that is already in the policy. If you choose not to repair or replace your mailbox, wood or aluminum, we will impose a fine of $100 per month up to $300 total for the 90 days the association will replace it using the fine monies. This means it is self-perpetuating and self-funded the people who are causing the issue have to repair and have their option to correct. At the end of the 90 days if the box in not up to standards the Association will replace it with the aluminum style. With this approach we address the issue and we start to try to get on the responsibility mode where everyone is responsible for their property and we need to enforce that. Comments from the floor. Standards are wood black or they can be aluminum of these two types that meet our requirements. Make sure people where people can purchase what is acceptable and how much it will cost. Have a point person who can make or replace the wooden ones. Discussion on color. Dick indicated the policy is black and gold wood that has been on the books since What about the black aluminum that we have 13 different styles. Are you going to require those that are not the two you have selected to change theirs? Answer, the intent is not to make all the boxes look the same. Style is not the issue it is maintenance of the existing. So the answer is no. We are not imposing style but maintenance. 4

5 Need to specify what type of black. The conditions are clearly specified and come back to this at the next meeting. The issue is repair and consistency. Joe indicated he has been on boards and can speak for most all the members of all the boards and in every year every board has been frustrated with this situation. We are not talking about mailboxes that might look bad but ones that are disgusting. We are either going to have to maintain them as an association or enforce what we have on the books. This is why I brought this up. From the floor comment address the mailboxes that are in disrepair first. Question ab0ut the pool contract with the club. Suggestion to the board to escrow monies until they have a contract. No comments from the board at this time. Comments about speeding. Reflectors on the mailboxes and newspaper boxes on the posts. Color of the box color of the reflectors. New Business A. Trash/Recycle Enclosure Discussion George reported the issue with the cans being out and trying to hide them behind some other enclosure. White vinyl fencing or bushes in side of the house. Send it out as informational to the community and on the web site. Anything you put up you must maintain. B Baltusrol, Nealin (legal action) Discussion Dick reported the issue here is legal action and we have the authority to do this type of thing. Joe discussed some of the background of the situation. This has been an eyesore for many years. What do we have to do to get the attention of this resident? Dick indicated she has not be responsive to any notices says we have the right to proceed down that path from Michael to initiate the process and has gone on for way to long. This is not a fun thing but our only recourse is to proceed. Darren reported we need to motion to proceed with Michael with the understanding this could very well cost us $4000 to $7000 and the bottom line she owes is right at $4000. What she owes is fines and vacant mowing. The question we have to ask ourselves do we want to spend 7 to get 4? We have to go to a straight law suit. Dick said get Mike involved and start this rolling where we are serious and she needs to understand. Georg motion to start the process, Vince seconded, question to move forward with the first part of this process with Michael passed unanimously. Darren indicated this is not a lien. C. North 40 Variance Discussion This has been purchased and he has presented a list of three things. Horses, burn trash and break up the lots into 5. Discussion on city and their decisions. Dick indicated the board has no authority to allow any of these things. None of these will happen without our permission but will have to go through the city first. It does involve us going to Dream Finders as they have the authority to grant these. Dick indicated he would talk to Dream Finders and we cannot say at this point weather we agree or not. The board unanimously agreed. D. Traffic Study Discussion Dick reported the data from the stealth box and indicated speeding over the time we had 4 instances of over 65 and on Medinah there were 3 instances of over 65 outside the gate. 5

6 Vince indicated he sat at the front gate and could not believe the people who were coming in at over 30 miles an hour. He also reported there are residents who talk to him about people going in and coming out of Medinah especially going out. We need to do something about it. Dick reported after looking at the data he is convinced it is an internal thing. There has been a lot of finger pointing at construction but the data does not seem to hold with that assumption. We need to work on something and we have no good answer at this point. Speed tables and speed bumps discussion began. The Chief did suggest speed tables but there are issues with these that we have to address. E. Speed Limit Sign Discussion Vince reported changing the signage at the front gate but it was determined that the signage would not change anything. Therefore they decided to use another meeting to determine speed tables or humps. F. Budget 2016 Discussion Darren added on the agenda to allow for any discussion at this time. There was none. Comment from floor NONE Adjournment With no further business to discuss, Vince made a motion to adjourn George sec the meeting at 4 p.m. was made, seconded and passed. 26 people including board and staff. 6

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