Minutes of the Meeting of the Board of Directors of

DBAC, Inc (Dolphin Beach Apartment Condominium)

held Tuesday, December 9, 2003

1. Call to Order

The meeting was called to order at 7:34 by Vice President Greg Murad. Directors Present: VP Greg Murad, Secretary Joe Walton and Treasurer Sandy Hunter. Director Linda Delaire did not attend. Owners in Attendance: Vivian Herdendorf #10, Mr. O’Donnell #239, Pam Morrison and daughter #24, Debbie & Dale Stanley #211, E. Vendetto #236 and Joe Leo #213.

2. Resignation of Board Member

Corinne Roy has resigned her duties as president and Board member, effective November 24, 2003. Greg Murad motioned to thank Corinne for all her efforts while working on the Board. Joe Walton seconded, all in favor.

3. Appointment of Interim Board Member

Pam Morrison, owner of Unit #24 N/S, offered her services on the Board. Sandy Hunter motioned to appoint Pam to the Board until the next Annual Meeting in March. Joe Walton seconded, all in favor.

4. Appointment of Officers

Greg Murad stated that he was willing to be president if no one else was interested, but he is out of state. Pam stated that after learning more about the position, she would be willing to consider it. Filling the President’s position was deferred until the next meeting.

4. Approval of Previous Board Minutes

Minutes of the previous four meetings, on October 7 & 21 and November 18 & 23, 2003, were presented. Joe Walton motioned to approve them as written, Sandy Hunter seconded, all in favor.

5. Treasurer’s Report

Michelle stated that expenses are close to budget except for legal fees. The Special Assessment fund has $32K after paying NAC in full. If the variance is approved, the Association will have to re-build the enclosure at #220, which currently is bid at $25,635.

Unit #215 supposedly has a new owner, but the Association attorney and manager have not received return calls to verify who that is. The unit still owes over $22K in Assessments and fees and the Foreclosure Hearing is set for January 6, 2004 at which time ownership will be determined.

6. Restoration Update

NAC sent a letter stating that they were finished and wanted the last 5% retainage. Time elapsed and they filed a lien against the property. Joe Walton intervened and with approval from the Board, reached an agreement with the help of the engineer. The issues of raising gutters and straightening railings were dismissed if NAC would complete the four units where drywall had been removed and not re-installed. This work will be completed this week and the lien released when payment clears.

7. Manager’s Report

Michelle asked the Board to consider a “Rental Approval Policy” and attach fees to the owner for the cost of the background checks. There is currently a non-approved renter in #215, where we are told there is no stove, refrigerator or hot water heater and the kitchen floor has rotted boards from their old leaking water heater. Much discussion ensued but no decision was reached. Greg motioned to have management ask the attorney what their fee would be to give DBAC revised Bylaws. No second. Sandy motioned to form a committee to decide how to renovate the documents and how best to proceed. Greg seconded, all in favor.

8. Lawsuit Update

A majority of the Board agreed, in the meeting of November 23^rd, to allow the variance request to go forward with the city regarding the #220 enclosure. The owner of that unit will pay for their attorney to speak on behalf of the Association in favor of rebuilding it. The Association’s attorney will be involved to protect the interests of the Association but not act as head counsel. The Carlson’s are unable to request the variance themselves. Only the Association can do that and the Carlson’s agreed to stop all depositions in their lawsuit while the variance was underway. Engineer Bill Ferguson will fill out all required paperwork and submit it to both attorneys. All residents within 300 feet of the property will have to be informed by mail of the variance request.

9. Old Business:

A. Bid for Repairing & Coating Walkways: A bid was requested for leveling and painting the first floor walkways. Two companies could not guarantee adhesion and Tech Systems bid it at $8175 plus labor to level and remove old layers of paint, for an approximate cost of $10K. Sandy motioned to have Tech do this work using Special Assessment money. Joe seconded, all in favor.

B. Soffitt At #220: A bid was requested to install soffit where the #220 enclosure used to be. Joe Walton motioned not to install this until the variance issue is resolved. Pam seconded, all in favor.

C. A/C Covers: Joe Walton obtained a quote for anodized stainless steel covers, at $15K for the 76 units needing it. Much discussion ensued about central air and the poor maintenance being done by owners on their a/c units. A past employee of DBAC originally made the covers and he may be willing to do this work again. The issue was tabled for further information.

10. New Business:

· New Management Contract: An original contract for management without financials was signed by past president Corinne Roy, but with RDI taking on full responsibility in October, a new contract is required. Board agreed to sign this.

· JR’s Asphalt Bid: A cost to resurface the parking lot was obtained, but majority of the Board felt there wasn’t enough money to do it now, so it was tabled.

· Footwash Bid: $270 was bid to install a new footwash with pedal and an attached hose for rinsing off other items. The option of installing slotted wood instead of the mulch was also discussed. Pam motioned to table this until the past employee is asked to return. Sandy seconded, all in favor.

· Pearce Pest Control Bid: Although Swat Team sprays for some outside bugs as well as inside each unit, grass and shrub fertilization and grass pest control was missing. Pearce bid $85 to spray every two months. Board agreed to sign this contract. Sand is getting into the sprinklers on a regular basis requiring weekly adjustment.

· Screen Doors Bid: The larger first floor screen sliders cost $120 and the upstairs sliding screens were bid at $90 by Beach Window. After much discussion, this issue was tabled because there is no money to purchase these for the units who lost them in the renovation.

· Maintenance Room Doors Bid: A bid of $360 for a frame and door, installed was submitted. The Board felt the past employee could install this, if he is willing to work for DBAC again.

· Fencing/Walkway Bids: The dunes crossover walk was bid at $13K, which the Board said was out of the budget right now. The bid for fencing the front and side entrances had not arrived by the meeting time.

· Signage Bid: Snappy Signs sent a photo of DBAC with black lettering on the west side. The Board did not like the letter font and at $1850 for these and 6 other signs, the Board decided to table this for now.

11. Owner Input

Two children were seen going into one unit. Owners will be contacted about renter approval requirement.

Unit #211 renovated their unit and when #2 started jackhammering during their renovation, unit #211 started seeing large cracks in their ceiling.

An owner wanted central air.

Problems with the installation of windows and sliders were brought up. At least 3 windows were not caulked, one was poorly done and a slider doesn’t slide properly. Space Coast Windows will be asked to repair these. All owners with any problems are asked to contact management in the next month so these issues can be fully resolved without multiple visits by the contractor.

12. Set Next Meeting Date

The next meeting will be held on Tuesday, January 13, 2004 at 7:30 p.m.

12. Adjournment

There being no further business, the meeting adjourned at 9:00 p.m.

Respectfully Submitted,

Michelle Dugan, CMCA, AMS, LCAM #17226

Community Association Manager

Reconcilable Differences, Inc.

MINUTES of the SPECIAL MEMBERS MEETING &

BOARD BUDGET MEETING

held TUESDAY, November 18, 2003

AT 7:30 P.M.

Special Members Meeting:

1. Certifying Quorum of Owners:

Nine members were present by proxy and 13 were present in person. With 22 of 40 votes, a quorum was attained. President asked that all members in attendance state their names and unit numbers: Jackie Brooks #216, Tony Gianotti #8, Sandy Hunter #233, Barbara McGovern #7, Joe Walton #1, Jim & Pat Kerns #232, Linda Delaire #233, Suzanne Carlson & friend #5 & #220, Vivian Herdendorf #10, Pam & Andy Morrison #24, Kathy Ducas & friend #218, Cindy & George Bortle #231 and a new owner as of tomorrow, Walt Ingham #3, who was aware he could not vote. A request was made to know if anyone was taping the meeting. One owner was.

2. Call to Order:

The meeting was called to order at 7:35 p.m. President Corinne Roy was present by speakerphone.

3. Count Vote on Partial versus Full Reserve Funding:

There was much discussion about the members’ ability to just vote for no reserve funding. It was stressed that the Board MUST present a fully-funded reserves budget. The Board could have just approved that fully-funded reserves budget with no input from the owners. Instead, they offered a choice of the state-mandated fully-funded one or one with only $7200 in reserves for future maintenance repairs. If a majority of the members had not attended or sent in their proxy, the Board would have had no choice but to approve the fully-funded budget. Florida Statute does allow that if a percentage of members do not like the budget, they can request a special meeting to vote on a different budget, but that could not take place tonight.

After much discussion, ballots were handed in and counted. 20 members voted for partial reserves and 2 voted for fully funding.

4. Owner Input:

Was included above. All questions asked were answered.

5. Adjournment

There being no further business, the meeting adjourned at 8:15 p.m.

MINUTES of the Board Budget Meeting

1. Call to Order:

The Meeting was called to order at 8:20 p.m..

2. Certifying Quorum of Directors

Directors Present: President Corinne Roy by speakerphone, Treasurer Sandy Hunter, Secretary Joe Walton and Director Linda Delaire. Director Greg Murad did not attend.

3. Update on Renovation:

Corinne Roy stated that in March of this year, a new Board was elected: Corinne, Sandy Hunter, Chris Skidmore, Linda Delaire and Greg Murad. With the renovation being done, a lot of work was needed by the volunteer Board and when Chris sold her unit, Joe Walton was willing to help and has given a lot of time to the condo.

At this time there are still issues with NAC, the contractor. Three units, #218, 219 & #239 still have tie beam work inside their units that was not finished. Drywall was removed and not replaced. This is being addressed right now. There are also issues with the deck warranty, the gutters and railings before the final payment will be made to NAC. Some owners had tile work done inside their units and cut their tile out on the new coating, cutting through it. These repairs need to be done to keep the warranty intact. The air conditioner units on the north and south sides of the complex were not included in the renovation work, but bids for outside covers are being sought now. The first floor deck was also not included in the original cost, so bids are being obtained. Soffitts are old but, again, were not in the renovation. Cleaning these with pressure washing will be tried. Costs are about $25K to replace all soffitts. Sliding glass doors and windows replaced in the renovation were only those that were the ORIGINALS.

4. Vote on Budget for 2004

Joe Walton motioned to approve the partially-funded reserve budget, as was voted on by membership. Sandy Hunter seconded, all in favor. The partially-funded reserve budget will go into effect as of January 1, 2004. Coupons will be mailed to all owners.

4. Owner Input:

Questions were asked about minutes of meetings. All owners have a right to request them. If an owner will e-mail management at RDInc@cfl.rr.com, the entire year’s minutes will be sent. A website is being worked on currently which will show minutes of meetings, rules and regulations, the “Frequently-Asked Questions” sheet and anything else the Board might wish to see on this site.

A renter has a terrible odor emanating from the unit and when the door is open, it is obvious that no cleaning is being done. A letter will go out to the owner asking for compliance.

Corinne asked that anyone interested in running for the Board next year let management know and all meeting notices and minutes will be e-mailed to them as well as current members so that they can start to understand what is going on fully.

5. Adjournment

There being no further business, Joe Walton motioned to adjourn, Corinne seconded, and the meeting ended at 8:45 pm.

Respectfully submitted,

Michelle Dugan, CMCA, AMS, LCAM #17226

Community Association Manager

Reconcilable Differences, Inc.

DBAC, INC

(DOLPHIN BEACH APARTMENT CONDOMINIUMS, INC)

MINUTES OF THE BOARD MEETING

held TUESDAY, OCTOBER 21, 2003

CALL TO ORDER: The meeting was called to order at 7:34 p.m. by speakerphone conference call.

MEMBERS PRESENT: Corinne Roy, President; Sandy Hunter, Treasurer and Joe Walton, Secretary.

PRESIDENT’S REPORT:

Corinne Roy stated that she would be flying to Florida for the final walk-through with NAC Seaside on Monday, October 27^th at 10:30 am. The engineer and the foreman, Joel, will attend. Corinne, Joe Walton and Michelle will also attend. 5% of the 10% retainage was requested to be paid by October 15^th, and NAC had been diligent in completing punch list items, so a check was mailed so as not to be in default of the contract. The Association still has approximately $25K of retainage left for the issues that are still outstanding. Units 218, 219 & 230 still have open beams with no drywall in the courtyard bedrooms. NAC states that this was not part of the contract. That will be discussed next Monday.

There is still the issue of painting the first floor walkways, for which Tech Systems gave a bid of $8,175 plus concrete repair on a time and material basis of approximately $275.00. Another issue is air conditioner covers. The engineer had recommended a contractor in Indian Harbour Beach, but he hasn’t been found. We will ask again and if not able to find someone to fabricate covers with a non-rusting material, Bob Burke, who made the initial wood covers, will be contacted.

MANAGER’S REPORT:

Light fixtures had to be special-ordered due to needing 84 of them. Nine have been installed and the rest will be in November 4^th. Hoag Electric will then install them all.

Letters were mailed to owners who had items on their back balcony.

The gutter and soffit company looked at the area near unit #21 that had a leak, and stated that it was not caused by gutters. The roof company has said they will send two men out, one to be between both roofs and one on the top roof with a hose, to try and find the leak. The soffit price for #20 is $1,154.00.

PROPOSED BUDGET:

A proposed budget was mailed to all Board members. This meeting was to discuss and approve a budget for mailing to all members. The Board has a fiduciary responsibility to approve a budget with fully-funded reserves. This has not been done in past years, and no reserves are in place. To fully fund reserves would raise all monthly assessments more than $180 per unit.

The Board discussed various options to offer to the owners for voting. After much discussion, Sandy Hunter motioned to submit the fully-funded budget to the membership, along with a choice of partially funding a “deferred maintenance” reserve, giving one-bedroom units a $200 monthly assessment and 2-bedroom units a fee of $261.71

Both of these budgets, an agenda and a proxy to vote for full or partially-funded reserves will be mailed to all owners.

The Meeting to Approve the Budget for 2004 will be held November 18^th at 7:30 p.m.

Corinne Roy seconded her motion, all were in favor.

There being no further business, the meeting adjourned at 8:36 p.m.

Respectfully submitted,

Michelle Dugan, CMCA, AMS, LCAM #17226

Community Association Manager

Reconcilable Differences, Inc.

DBAC, INC

(DOLPHIN BEACH APARTMENT CONDOMINIUMS, INC)

MINUTES OF THE BOARD MEETING

held TUESDAY, OCTOBER 7, 2003

CALL TO ORDER: The meeting was held in the management office at 109 Long Point Rd, Cape Canaveral, FL. All Board members were present by speakerphone. The meeting was called to order at 7:35 p.m.

MEMBERS PRESENT: Corinne Roy, President; Greg Murad, VP; Sandy Hunter, Treasurer, Joe Walton, Secretary; Manager Michelle Dugan and 4 unit owners: The Stanleys from Unit #211 and the Stewarts from #212. Director Linda Delaire could not attend.

APPROVAL OF MINUTES: Greg Murad motioned to waive the reading of the minutes and approve as written the minutes of the September 2^nd and 3^rd, 2003 meetings. Sandy Hunter seconded, all in favor.

TREASURER’S REPORT:

Sandy Hunter stated that a new checking account has been opened with Premier Community Bank so that direct debits and lockbox coupons can be used. That account has a balance of $697.00. The Suntrust Operating account has $12,837.98 and the Special Assessment account has $82,411, for total cash of $95,854. Accounts Receivable are $30,367.64. Michelle added to the above report that as she understands the records she just took over on October 1, 2003, NAC Seaside is owed approximately $50K, so there is money to cover the cost of the glass enclosure, if the city approves it and for other emergency needs that might arise. Corinne was asked to release money to NAC, but based on the punch list approved a week ago, with 54 items found, some of a serious nature and some of the current work not confirmed, such as using the correct paint for PVC, a motion was made by Sandy to hold that payment. Joe seconded, all in favor. Another check will be held as well until confirmation is received of work being accomplished correctly.

RESTORATION UPDATE:

David & Corinne Roy, the entire committee, flew down for the walk-through on Thursday, September 25^th. Newest Board member Joe Walton also attended, along with manager Michelle.

The walkthrough began at 1 pm and ended at 5:30 pm, then continued on Friday and Saturday, with another walkthrough with the engineer on Monday.

David Roy stated that each time they inspected areas, more problems were found. In two units the header over the courtyard windows was repaired but left open, so they will drywall these. There are also outside window areas where the stucco on the sills was uneven and the west walkway railing bolts caused a crack in the side of the walkway. The re-installed drain system was a large issue. Downspouts were installed lower than before, so these were measured against the code of 6'8" and many were found to be lower than that. Aesthetics were also a problem: Pipes were crooked or too low, rain came through sides of pipes at the lower level, areas of railing weren’t straight, and the contractor’s refusal to repaint any plastic surface, due to potential "peeling". On the railings, dents in the pickets and the unevenness will be fixed, they will touch up scratches, and are dealing with issues about how the railings were affixed to the balcony. Some areas of the new balcony were cut by owners when doing tile work, and this jeopardizes the integrity of the coating. Repairs will be at Association expense for these and will be billed to the owners responsible. The grass in the courtyard doesn’t look healthy, so Pearce Fertilization company will be called about it. The punchlist is binding on both sides and the engineer had to agree with all 54 problems before they became a part of the list. Engineer Bill Ferguson stated that he is an “arbitrator” now between NAC & the Association.

Management Report:

Landrigan #235 was just paid in full with a check from the Association attorney, which included full payment through September, legal fees, late fees and interest. O’Brien #215 has been sent for foreclosure action since promises to pay were not followed through.

Flood insurance: When Corinne picked up records from Space Coast Property Management, she looked at the insurance book and found that flood insurance had lapsed June 2, 2003. Ranew was asked to get this reinstated. There is a 30 day waiting period, so it will be effective Nov 6, 2003 at $6706.00 for the year, more than was budgeted. Discussion ensued about SCPM being liable for allowing it to lapse. Sandy motioned to have Corinne send a letter to SCPM making them aware that they will be liable for any flood damage until the new coverage goes into effect. Joe seconded. All agreed that flood insurance must be paid immediately even though it is over the budget for the year.

Unit #211 has a leak in their ceiling. A roofer finally showed up today and said the top roof looks very good. He said the only way to really know where the water is coming from is to climb up in between the two roofs during a rain. He thought that water might be getting in behind the gutters. Gutters are clear but a splashguard may be needed. The engineer will be asked to inspect this as well. Management will get a gutter company out to look at the problem.

The Association’s line trimmer is unrepairable. Maintenance man Scott Rousseau has offered to purchase one himself to use at Dolphin if his hours can be increased to 15 per week to cover cleaning, lawn care and maintenance. After much discussion, Corinne motioned to increase Scott's hours from 10 to 15 hours per week at $12 per hour for a trial period of 3 months. At that time, the Board will re-evaluate the need to hire a landscape contractor and lower Scott’s hours for his other duties. These include mopping stairs, walkways and balconies at least weekly, cleaning the laundry room 3 times per week, wiping down windowsills, light fixtures and railings, along with general maintenance. Greg Murad seconded, all in favor

Chairs, tables, plants, boogie boards, bikes, wet towels, grills and toys are becoming a large problem, especially on the south building balconies. The documents state that nothing is allowed on these balconies. They are fire egress and are cleaned on a regular basis by the Association. The Association has allowed people to bring out chairs while they are using them, but nothing can be left out. Much discussion ensued about allowing only a certain type of chair of a certain size, but one person’s decorating is another’s eyesore and the discussion came back to the point that the documents do not allow anything. Only a vote of the membership can change these rules. At this time, the only legal remedy is to send letters to all offending owners requiring that all items be removed from all balconies. Unless you are sitting in a chair, it cannot be on the balcony.

It seems that the policy on bikes and bike racks is that for a short time period, bikes can be kept in the racks, but not overnight. The Board agreed to replace the 4 bike racks at each side of the stairs and see how it works. This will be re-evaluated in 3 months.

LAWSUIT UPDATE:

After NAC applied for a building permit on the glass enclosure, the city disapproved it, citing that it protruded into the coastal “no-build” zone. Because this enclosure was to be built on top of the balcony that was already built in this “no-build zone”, the Board didn’t agree with the code cited. Corinne wrote a letter to Anthony Caravella, the Director of Development Services, essentially the building department head. His letter of denial was recently received and it stated that the enclosure was denied because it had never been permitted in the first place, was illegally built and so could not be approved now. The Board felt that they have done all they can to help get this approved and the issue is now between the owners of #220 and the city. The Board continues to agree that if the Carlson’s were able to get a variance, the Association would pay for the enclosure. Corinne motioned not to go any further with this permit process because the Board reviewed the details of the second denial and believe they have fulfilled their obligation in trying to get the enclosure permitted. Sandy seconded, all were in unanimous agreement.

Depositions have been scheduled by the opposing counsel for all Board members, NAC, the engineer and the city building inspector. These dates cause a hardship to all Board members, none of whom are in Florida, and they will not be able to attend. Greg Murad stated that the Association attorney should file a motion for protective custody for the Board members because they have no information that isn’t already in minutes of past meetings.

LETTER FROM UNIT OWNER REGARDING SLIDER:

Unit #24 N & S was sold by Myrfyn Thomas to Pam Morrison without following the declaration of condominium, which states that all sale contracts must be approved by the Board. Evidently, Mr. Thomas told the buyer that the slider would be replaced. Many first-hand reports were discussed about the past renters abusing the slider, using a screwdriver to open it and not properly maintaining it. This is not an originally-installed slider. The Board agreed that all original sliders and windows would be replaced with the renovation, but #24’s slider is not an original one, which means it was replaced at one time by the Association. Willful and malicious damage caused by the past owners’ renters made him negligent in taking care of the property and the Association cannot be responsible for damage caused by renters. A certified letter stating this will be mailed to the new owner of #24.

A draft budget was started, showing “Fully Funded” reserves, which must be presented per Florida Statute. Additional budgets with various reserve funding were also proposed. The Board needs to meet and discuss this budget and vote to send this Proposed Budget to all Owners with an Agenda for a Meeting 30 days later, at which the Board will vote to approve the budget for year 2004. Members must vote to NOT fully-fund reserves. Because of the time crunch required by Statute, the Board agreed to meet in two weeks, on Tuesday, October 21 at 7:30 pm to discuss and approve a proposed budget to mail to owners.

There being no further business, the meeting adjourned at 9:30 p.m.

Respectfully submitted,

Michelle Dugan, CMCA, AMS, LCAM #17226

Community Association Manager

Reconcilable Differences, Inc.

(DBAC) Dolphin Beach Apartment Condominiums, Inc.

3820 Ocean Beach Blvd

Cocoa Beach, FL 32931

Minutes of the Emergency Board Meeting of September 3, 2003

Attendees:

Corinne Roy, President, # 216

Sandy Hunter, Treasurer, #25

Joe Walton, Secretary, #1

David Roy, Restoration Committee member, #216

Linda was present, but had to hang up so that engineer could attend conference call.

Michelle Dugan, Reconcilable Differences

Bill Ferguson, Bryant Engineering

Quorum was established.

· Call to Order: Corinne Roy called the meeting to order at 7:32pm.

· Emergency Need: This meeting was required because although the City of Cocoa Beach disapproved the re-installation of the enclosure on #220, the reasoning wasn’t sound and the Board felt that they had a legal duty to try to obtain a variance. Engineer Bill Ferguson stated that after reading the reason for the disapproval, it appeared to him that the Association has a case to apply to the city council for reversal of this decision. He did state that the commission will probably use the argument that this enclosure was never legally permitted, but the other side of that argument is that the ordinance disallowing it is usually used to deny any building beyond what already exists. This is only an enclosure on an existing structure that was “lawfully” built before the dune zone was moved back. Bill also stated that the structure was only disassembled to repair the balcony or it would still be standing. He stated that before going through the steps to request a variance, there is the ability to just “make application” to the city commission and see if they will reverse the decision. The Board will prepare a letter to the Commission and hope to be placed on their agenda for the next meeting. Corinne stated that NAC will be finished soon and will not come back to build this enclosure. Joe Walton will help to obtain bids from other companies for this work after the engineer supplies him with the current drawings.

· Second Emergency Need: The ceiling in #30 was sagging and the owner felt that this happened because of the renovation work. The owner took down a portion of the ceiling so that the engineer could inspect. He did and stated that there appears to be no damage to the floor joists. There were corroded nails in the joists which probably happened when the sliding glass door above leaked, but the “sagging” seems to be from numerous repairs of ceiling water damage, where plaster and gypsum are thicker than normal. Mr. Ferguson will be at the unit again tomorrow to inspect the floor joists where they look to have been reinforced in the past, but not to code.

4) Walkthrough: Mr. Ferguson stated that work should be substantially complete within ten days. Corinne will be in Cocoa Beach on the 19^th, and Mr. Ferguson said he could schedule a walk-through to meet that time frame.

5) Other Business:

a) Renovation work inside Unit #2 has not been approved. Management and Board member Joe Walton will meet with contractor tomorrow to discuss their plans and take photos of walls in near-by units to ensure no damage is done during this renovation. It was reiterated that any work done by owners MUST be submitted in writing and approved in writing before they begin.

b) CoinMach Contract: After receiving the contract and forwarding it to the attorney, the attorney agreed that the Association is bound by the contract not to allow any washers or dryers in any unit. A letter will be drafted to mail to all owners reminding them that these aren’t permissible for this reason as well as the fact that the Association pays for all water and using a personal washing machine will use more water and sewer than a unit without.

c) Glass-Block Fire-Approved Window for Unit #240: The engineer is still dealing with this issue and will speak to the owner of the unit. He will have a stainless steel frame fabricated, but the Association is probably going to have to find a mason to install the glass block. Joe will work with the engineer on this.

d) Bulletin Board: The exact measurements were taken and were 4 inches longer on one side than originally anticipated. This brought the cost from $190 to $285 plus tax and shipping. After discussion, the quote will be faxed to Corinne to see if NAC will pay for this since they destroyed the original one.

e) The telephone man confirmed that what he was contracted to do is complete.

6) Adjournment:

There being no further business, the meeting adjourned at 8:20 p.m.

Respectfully submitted,

Michelle Dugan, CMCA, AMS, LCAM #17226

Community Association Manager

Dolphin Beach Apartment Condominiums

3820 Ocean Beach Blvd

Cocoa Beach, FL 32931

Minutes to Board Meeting of September 2nd, 2003

Attendees:

Corinne Roy, President, # 216

Greg Murad, Vice President, #27

Chris Skidmore, Secretary, #1

Sandy Hunter, Treasurer, #25

Joe Walton, #1

Michelle Dugan, Reconcilable Differences

Quorum was established.

Call to Order: Corinne Roy called the meeting to order at 7:30pm.

Reading of the Previous Minutes: Chris Skidmore read the minutes to the Board Meeting of August 20^th. Corinne made a motion to accept the minutes as read. Sandy seconded the motion.

Financial Report: Chris Skidmore had received the unreconciled financial reports from Eva for August. Some items were reviewed. Corinne stated that the two restoration accounts have been combined. Chris will fax the financials to Sandy when she is back in Oregon this week.

Management Report: As of August 29^th, SPCM have been notified by Mail that we will be formally discontinuing our relationship as of October 1^st. Michelle and Corinne will go to SCPM when Corinne is down in Sept. to transfer all documents.

a) Suggestion box was purchased but has not been put up yet.

b) Bulletin Board: Michelle got the costs for the glass-covered board - $240. The Board approved her going forward with the purchase.

c) Coin Mach sent Michelle a copy of the contract and it does state that we cannot allow individual owners to owner/operate their own washers or dryers. She sent a copy to Jim Olsen, since this was brought up during the mediation and in the most recent letter for the Carl sons. Michelle will send out a letter to owners regarding Washers/dryers.

d) Michelle heard from Joel regarding the ceiling in Unit #30. Joel stated there was not a joist problem, but damage from water intrusion under the above slider. He also mentioned that a load-bearing wall may have been taken out in that unit. Bill Ferguson will be asked to look at this more closely to confirm.

e) Mike McCaughn has been sending items to DBAC – they might be in the DBAC mailbox. Michelle needs to contact Linda about Keys.

f) Unit #2 has new owners and they have approached Michelle and the Board about renovating their unit, putting it back to its original 1-bedroom condition. They have asked if they could place a dumpster outside their sliders for 3 days. Corinne stated that she wants it in writing that any damage they do to the parking lot will be their responsibility to fix. Also, Corinne asked for Michelle to have the adjacent units inspected prior to any work being done in #2 to make sure they do not cause on damage. Joe Walton has volunteered to help in this matter.

g) AC Condenser units on walkways: As soon as the electrical and Utility room #2 are complete, #220 and #240 must move their AC condensers onto those decks. They cannot remain on the walkways, as it is a fire egress hazard. Chris Skidmore will prepare letters to both parities.

Restoration Update:

a) Joel Sills has given Corinne a copy of the permit request from August 21^st, pertaining to the rebuilding of the enclosure of #220. Corrine also received a copy of the City of Cocoa Beach denial of the permit – which was basically a ‘location of construction based on new zoning’. The Board feels this should not apply to us, since we are simply replacing what was already there, and we are not extending the building toward the beach any further than it already is. Corinne, Michelle and Jim Olsen spoke today at 1:00pm to discuss this. Jim Olsen stated that we would have to get a variance, which would take months, then we’d have to hire a construction company to come onsite to rebuild if the variance is given. This could cost upwards of $50K.

b) Variance Application: The Board feels that Bill Ferguson, our engineer, should approach the City of Cocoa Beach regarding the permit for the enclosure before we start applying for a variance.

c) Lights out in the courtyard are not a timer issue. Michelle will call Hoag Electric in the morning and get them in to fix this. Corinne still needs to talk to Hoag regarding the walkway lighting and purchasing them at Home Depot to get cost savings.

d) The drains have been put in. It was decided NOT to paint them the same as the building as the paint will not hold on plastic. We do need to get them cleaned off.

e) Joel has stated that he will be completed by September 15^th. Corinne will be down there for the final walkthrough on/about September 18^th.

Legal Issues:

a) Greg Murad has not come up with a new Lawyer for DBAC.

b) The Carlson’s lawyer has sent Jim Olsen a letter stating that they will be depositioning all the Board members in October.

c) Chris Skidmore will fax Greg a copy of the letter.

Other Issues:

a) Chris Skidmore formally resigned from the Board because she sold her unit to Joe and Nancy Walton. Joe has agreed to step in as Secretary of the Board. His email ID is JOJODIDI@aol.com

b) Greg’s new EMAIL is: GMMJOGGER@aol.com

There will be an emergency meeting tomorrow Wednesday, September 3rd, 7:30pm, to discuss the enclosure and discussion with Bill Ferguson

The meeting was adjourned at 9:00 pm. Chris Skidmore made the motion and Sandy seconded it.

Submitted by Chris Skidmore 9/13/03

Dolphin Beach Apartment Condominiums

3820 Ocean Beach Blvd.

Cocoa Beach, FL 32931

Minutes to Board Meeting of August 20th, 2003

Attendees:

Corinne Roy, President, # 216

Greg Murad, Vice President, #27

Chris Skidmore, Secretary, #1

Sandy Hunter, Treasurer, #25

Michelle Dugan, Reconcilable Differences

Quorum was established.

· Call to Order: Corinne Roy called the meeting to order at 7:35pm.

· Reading of the Previous Minutes: Chris Skidmore read the minutes to the Board Meeting of August 6^th. There were two corrections given by Corinne Roy. Corinne made a motion to accept the minutes as read with the corrections, and Greg Murad seconded the motion.

· Financial Report: Chris Skidmore has requested the latest financial records from Eva. Chris will fax Sandy Hunter the un-reconciled July reports tomorrow since the versions of Excel seem to be incompatible. Corrine gave an update on items that were paid since our last meeting. The bill for Space Coast Windows actually came in less than the estimate. They have been paid in full. Corinne discussed the payment to Space Coast Management. Dan had contacted her stating that we should pay ½ a month of the management fee. The board believes that we should only pay for the services we are getting – namely financial booking at $300/mo. Chris Skidmore made a motion to only pay the $300 for August. Sandy seconded the motion.

· Management Report: As of August 19^th, Michelle Dugan from Reconcilable Differences has been hired to handle daily property management issues. Michelle and Corinne spent several hours the previous Sunday reviewing outstanding items for the condo. Michelle reviewed the following items on her task list:

a) Contact FP&L regarding the trimming of the trees on the South Side. She called them during the week. They stated that ‘they will put us on their list’.

b) Contact Cocoa Beach Post Office about replacing current postal boxes, which are rusting. They stated that they would replace the boxes with similar ones, in the same position, at no cost. They did not give a time estimate.

c) Bulletin Board: Michelle will be purchasing a new Bulletin Board and get it hung ASAP.

d) Michelle is looking into repairing some of the boardwalk to the ocean – (there are some boards that are in bad shape) and since we are not changing – simply repairing – no permit is required. Michelle will get on Charlie to get the gate to the beach back in position.

e) Dumpster Area: Michelle is investigating the costs of putting a fence or lattice enclosure around the dumpsters, as well as getting two new dumpsters. Corinne noted that we need new recycling bins also, and that Charlie should hose them down once a week to keep them from smelling.

f) Michelle will contact City Water regarding the meter and the two plates that are in the parking lot. One is missing and is simply covered over with plywood.

g) Michelle is investigating the costs for replacing the rusted louver doors on the electrical room with a plastic louver material. We will let NAC proceed to scrape and paint the door, which should buy us 6 months.

h) Michelle has asked Richard Paints for a quote to paint the walkways. That company had painted them last time. They may need to be treated and sealed better to avoid the chipping.

i) Michelle is looking into the TREK decking material to put by the foot wash. – Home Depot.

j) AC Condenser units on walkways: As soon as the electrical and Utility room #2 are complete, #220 and #240 must move their AC condensers onto those decks. They cannot remain on the walkways, as it is a fire egress hazard. Chris Skidmore will prepare letters to both parities.

k) Michelle is getting a quote on putting new asphalt in the parking lot. Claudia stated that NAC is only required to paint what they have damaged. We are going to ask them if they will re-seal the parking lot, and re-paint the lines in their proper location.

l) Washing Machines in units: This is a separate water expense that is being incurred by other owners which is not fair. We have asked CoinMach to give us a copy of our contract.

m) Gates: Corinne will send the bid we received from George at --- Fence to Michelle. The priority order of the gates is: Near #10 unit, Beach gate, South front gate, then two middle courtyard gates. The gate and fence on the South side will be put back by NAC. We will have Charlie paint them white. Sandy requested that the ‘Do Not Trespass’ sign be replaced and put up on the gate.

n) Corinne will find out about that service that checks backgrounds of prospective renters. She will forward the info to Michelle.

o) Michelle will bring in a cleaning service immediately to do a thorough cleaning of the building – walkways, windowsills, lights, etc. The cost will be $100. Going forward, we need to figure out who and how often this needs to be done.

· Restoration Update:

f) Sod is down. We were told by a fellow owner and by Joel that is a very high-grade sod from Australia.

g) Sprinklers are all working and timers are all set up.

h) Doors – Still not painted.

i) Caps for sewerage cleanout - in the courtyard – must be cleaned out. A lot of cement and debris have gathered in there.

j) Telephone – Tad was on the property today hooking up wiring.

k) Sliders – Done

l) NAC to patch inside units on South Building. Damage was done by tie-beam replacement.

m) Electrical – Bob Hoag will be called to ask if he would install lights purchased by DBAC. Home Depot lights are very similar to Hoags – but a $35/light difference.

n) Doors for utility rooms- we do not want fancy doors. Chris Skidmore will get the make/model of the door from Home Depot and give it to Michelle and Corinne to order. We will use Home Depot installation service.

o) It was noted by Joel that due to the work that was done by the owners in #211, the integrity of the balcony surface is no longer guaranteed and Joel will be patching this and giving the Association a bill. This bill will be paid by the owners of #211.

6) Legal Issues:

d) Greg Murad has not come up with a new Lawyer for DBAC.

e) Greg called Jim Olsen to find out more information regarding the mediation and about “motion for Summary Judgement”. He did not get through. He will try to contact Paul Wean now instead.

f) Greg called Helena regarding the foreclosure for Unit #235. He found out they cannot locate the owner to perform Service of Process. He didn’t find out anything on #215 or when we might be able to proceed if we never do contact the owners of #235.

g) Mediation proved to be fruitless. Owners in #220 were not willing to make any kind of concession, and continued to ask for the items that were already disapproved by this Board and the previous Board. We are going forward with the construction of the enclosure, as it was when the Carlson’s purchased their unit.

h) 2S/2N are selling their unit and have contacted our Lawyers. Michelle will call BJ back.

7) Other Issues:

Rental Units – need to enforce rules

8) Our next meeting will be Tuesday, September 2nd, 7:30pm. Chris Skidmore will set up a conference line.

9) The meeting was adjourned at 9:50 pm. Chris Skidmore made the motion and Sandy seconded it.

Dolphin Beach Apartment Condominiums

3820 Ocean Beach Blvd

Cocoa Beach, FL 32931

Minutes to Board Meeting of August 6th, 2003

Attendees:

Corinne Roy, President, # 216

Greg Murad, Vice President, #27

Chris Skidmore, Secretary, #1

Sandy Hunter, Treasurer, #25

Quorum was established.

· Call to Order: Corinne Roy called the meeting to order at 7:35pm.

· Reading of the Previous Minutes: In order to save time and expense of conference line, Chris Skidmore made a motion to accept the Minutes to the Board Meeting of July 23^rd, as they were sent. Corinne seconded the motion. No one had any changes/issues.

· Restoration Update:

p) Drainage: NAC told to put back the drains as they were before.

q) Window/Door: Space Coast Windows will deliver sliders on August 11^th. Lance was supposed to get back to Corinne telling her when the sub-contractor will be onsite to install them. She has still not heard from him.

r) Stucco: They have not started the stucco on the South building. Corinne does not know why. She told Joel to start ASAP.

s) #220: Corinne has signed the Change Order for the enclosure of #220. The quote she received from NAC was around $12K. This doesn’t include windows.

t) #240: Bill Ferguson has assured Corinne that he has someone to do the glass block installation. Mr. Kabboord has received the letter stating this is to be done in August.

u) Railings: The railings are still not up on the North balconies. Corinne has told Joel to get that done ASAP.

v) Walkthrough: There is a tentative schedule for the final construction walkthrough when Corinne is down at DBAC August 16-17^th. This hasn’t been finalized.

w) NAC is now stating that they will be onsite until October. Greg heard this from Joel. Corinne get conflicting stories from Joel and Bill who state it will be the end of August.

x) Landscaping: Charlie noticed that someone from NAC was putting down materials on the lawns. He asked them to discontinue this until we get the sprinklers checked and until the con inside construction materials are cleaned away.

y) They have not started the restoration of the Electrical room. Joel stated he would start this immediately.

7) Legal Issues:

i) Greg Murad has not come up with a new Lawyer for DBAC.

j) Corinne will be down at DBAC August 16-August 19^th(?) to attend the mediation of the pending lawsuit. Jim Olsen has instructed Corinne that she has to be present at the mediation meeting scheduled in Orlando for August 18^th.

k) Greg will call Jim Olsen to find out more information regarding the mediation and about “motion for Summary Judgement”

l) The other party will pay travel expenses if they do not show.

m) Greg will be calling Helena regarding the foreclosure for Unit #235. He will also find out why we can’t start foreclosure proceedings for Unit #215 since their assessment has not been received either.

10) Financial Report:

We received the un-reconciled financial report from Eva. There were several items that need to be explained. Sandy had not received it in time for the meeting, so we will let her review it and get back to the Board at the next meeting.
Eva did not get signoff from Corinne on the Conference Call expenses.
Sandy has not received her expense money yet.
Discussion on raising the monthly assessment. We need to figure out what the % per unit and what the procedure is. We have to notify owners ahead of the change. Chris will look into the Condo Doc’s to get the procedure.

11) Management Company:

We have received a contract from Reconcilable Differences for management only at $360/mo. Chris Skidmore made a motion to sign her up immediately, Sandy and Corinne seconded the motion.
Chris Skidmore will contact SCPM (Kevin Marrs) to find out how much their Financial booking costs per month. We only want to pay for that through Sept. Then we’ll move the financials over to Reconcilable Differences.

12) Our next meeting will be Wednesday, August 20th, 7:30pm. Chris Skidmore will set up a conference line.

13) The meeting was adjourned at 9:00 pm. Corinne Roy made he motion and Sandy seconded it.

Dolphin Beach Apartment Condominiums

3820 Ocean Beach Blvd

Cocoa Beach, FL 32921

Minutes to Board Meeting of January 9th, 2003

Attendees:

Betty Vendetto, President, # 236

Jim Kerns, Director, #232

Chris Skidmore, Secretary, #1 (via conference call)

Sandy Hunter, Treasurer, #25

George Baker, #11

Dan Agent, SCPM

Bill Ferguson, Bryant Engineering

Claudia, Bryant Engineering

Don, NAC Project Manager

Joel Sills, NAC Foreman

Roy & Sue Carlson, #5, #220

Tony and Leigh Giannotti, #8

Jay Cullen, #29

Quorum was established.

· Call to Order: Betty Vendetto called the meeting to order at 7:08pm.

· Reading of the Previous Board Meeting Minutes: A motion was made by Chris Skidmore to postpone the reading and approval of the previous Board minutes to the next meeting. Jim Kerns seconded the motion.

· Reconstruction Schedule: Don and Joel presented their 8-month tentative construction schedule. This will be sent out to all owners. By June, the North building should be completed, and by the end of August the whole project should be completed, barring any unforeseen complications. Temporary stairs have been constructed to the balcony of the North Building. NAC will provide monthly progress reports and will give a 14-day notice before starting any major phase of the restoration.

· Engineering/Project Mgmt Report: Bill Ferguson and Claudia from Byrant Engineering compiled a list of 'Frequently Asked Questions' and explained their involvement in the project from this point out. NAC was awarded the project after the Board discovered that Golf did not have the proper licensing as we had requested. Bill stated that he would be involved in the monitoring process and payment schedule.

The renovation project involves the structural renovation/restoration of the exterior of the two DBAC buildings. Laundry and Utility room platforms on the second level will NOT be replaced, they will be repaired. Full balcony replacement is expected, unless there is some unforeseen problems found which will effect the budget and change the scope. Windows will be replaced by a Sub that the Board will bring in. The Board must get the proper certification from the Window subcontractor. The Window subcontractor MUST be licensed for Cocoa Beach, and have current insurance and workmen's compensation - no Waivers. The Board must have this stipulation in any contact with the Window Subcontractor.

The Board needs to obtain in writing from the City of Cocoa Beach what requirements/codes must be met about windows and doors.

Key lock kits for the sliding doors should be installed by the owner during construction.

Owners/residents are responsible for clearing off all balconies. They will be given notice so that there is sufficient time. Any items left on the balconies will be disposed of. We do not have any storage facility available. NAC is not responsible for any items disposed of from the balcony. Betty will contact Jim or Paul regarding this issue.

Exterior walls may experience some vibration during construction. Please remove any mirrors, pictures, and knick-knacks on shelves to avoid any damage. NAC is not responsible for any breakage within a unit.

When balconies and walkways are being worked on, expect them to be out-of-commission for 2-3 months.

The work schedule is Mon-Fri from 7:00am to 4:30pm. Weekend work will be minimal.

Use of the laundry area may be effected during the day when the construction workers on on-site.

A/C openings will be re-fitting to their original size. All wood will be removed and replaced with new pressure-treated lumber. Removal/replacement and fitting of A/C is the owner's responsibility. A/C Grills/covers need to be made up so that the building has a uniform appearance. Chris Skidmore will continue to investigate this. If any owner wants to explore Central Air for their unit, it must be done prior to the completion of the construction near their unit. Central A/C is an owner expense.

Refrain from talking to workmen. Channel all questions to the Board.

The estimated costs for Byrant Engineering will increase from the original 3-4% due to their increase involvement in day-to-day activities.