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MINUTES of the BUDGET Meeting for

DBAC, Inc (Dolphin Beach Apartment Condominium)

held Friday, November 12, 2004

 

1. Call to Order

Pam Morrison called the meeting to order at 7:30 p.m. at the management office in Cape Canaveral.

 

2. Quorum of Owners Established:

There were 10 owners present and 16 proxies, for a total of 26 owners present. Quorum established. Owners in attendance: Joe Walton (2), Barbara McGovern (7), Pam Morrison (24), Sandy Hunter (25), Patricia Knittel-Seipel (26), Deborah Stanley (211), Joe Leo (213), Cindy & Goerge Bortle (231), Gwen Landrigan (235) and Betty Ann Dolan (236).

 

3. Proof of Notice of Meeting:

Manager Michelle Dugan stated that the proposed budget and agenda were posted on site 14 days before the meeting and mailed to all owners on October 28, 2004

 

4. New Business: Vote on Partial Reserve Funding:

Total votes received were 19 for partial reserves and 6 for full reserves. One for zero reserves was discarded.

 

5. Adjournment:

The meeting adjourned at 7:45 pm

 

MINUTES of the Board of Directors Meeting for

DBAC, Inc (Dolphin Beach Apartment Condominium)

held Friday, November 12, 2004

 

1. Call to Order:

Pam Morrison called the meeting to order at 7:45 p.m. at the management office in Cape Canaveral.

 

2. Quorum of Directors Established:

Directors Present: President Pam Morrison, VP Barbara McGovern, Secretary/Treasurer Joe Walton and Director Debra Stanley. Director Vivian Herdendorf did not attend.

 

3. Approval of October Meeting Minutes:

Joe W. motioned to approve the minutes as written and mailed to all owners. Debra Stanley seconded, all in favor.

 

4. Treasurer’s Report:

Michelle stated that 11 owners had not yet paid their first Special Assessment, due October 31st. An audience member stated that she had not received a notice of payment due. Therefore, owners who have not yet paid will be mailed a reminder letter and late fees will not apply until next month. With the Special Assessment money coming in, we have installed the a/c boxes, repaired the electrical problems in the attic and are running close to budget.

 

5. Manager’s Report:

Michelle stated that the Foreclosure suit against #215 is getting closer to completion. The September hearing to allow “defenses” by the owner of #215 was not attended by the other side, so this excuse cannot be used again. At this time, our attorney has filed for summary judgment and is awaiting a court date on the foreclosure. That should be 4 to 6 months away.

 

Brighthouse cable was called out about #2 having poor-quality reception. Brighthouse may put DBAC on a list to receive cable upgrade. More information will be forthcoming.

 

Unit #23’s south slider glass crackled before the 2nd hurricane hit. This glass will be replaced by Atlantic Glass and has been ordered.

 

There is furniture sitting in front of #220 that needs to be moved into the grass or somewhere away from the walkways, due to the rust in the legs. All owners are asked to look at anything they place outside to insure no stains will be made on the walkways.

 

Because DBAC will have more than $100K in receipts for 2004, a CPA-certified Review is required by Florida Statute. Ron Cole, CPA has given a cost of $1200 to $1550 for that review and the tax return. A Board member must sign the agreement to have this done.

 

Management met with the insurance adjuster regarding soffitt and roof damage, as well as smaller items. We walked the roof for quite a long time and he said he would be allocating enough money for a new roof, less the hurricane deductible of $22,713 per building. It is unknown when an actual check will arrive or how much DBAC will receive. Management recommended placing any proceeds in the roof reserve account to build it up until a new roof is really needed.

 

New maintenance man Ron Howard is on-site 2 hours each day, from 3:30 to 5:30 pm to mow, edge, trim, weed and clean. He has been trying to shovel the sand from away from the beach crossover and it just blows back in. The city has stated that we cannot use backhoes or power tools to remove the sand. Laborers are hard to find right now. We will continue to look for alternate ways to get the sand away from the wood.

The beach gate is inoperable as well. Between the gate installer and the locksmith, we will try to get it to latch properly again.

 

The plumber used a backhoe to remove all the sand in the parking lot, but could not go out into the dunes to clear away the drain that runs from the parking lot. We are trying to dig that deeply-compacted sand out.

 

Units 30 and 240 hear loud noise in their bathrooms every time the foot wash is used. Plumber found a vacuum break and some loose pipes in the wall. This problem should be resolved now. They will also replace the leaking footwash handle with a different push-button type.

 

There have been complaints about renters throwing cigarette butts over the railings and the issue of renters moving in without approval. The Board is working on a revision to the approval process, wherein background checks are done.

 

6. Vote on 2005 Budget:

Based on unit owner input Debbie Stanley motioned to approve the 50% reserve-funding budget, at $255.00 per month for one-bedroom units and $333.86 per month for the 2-bedroom units. Pam seconded, all in favor. Coupon books will be mailed out in December.

 

7. Hurricane Shutters:

More Hurricane Shutter information was obtained by Barbara McGovern and after much discussion, Pam motioned to approve the aluminum storm panels which can be stored under a bed when not needed. Barbara seconded, Joe Walton stated that more information is needed before approval and opposed. All others in favor. Motion passed.

 

 

8. Owner Input

Betty Dolan stated that the Documents Committee is working on changes to the Rental Application, with mandatory background checks. Debbie Stanley brought in an application from the internet. Board president will write a letter to owners explaining why this is changing. Management stated that this change of charging the owner for the background check cannot immediately go into effect. The rules must be mailed out to all owners 30 days in advance of a meeting at which the Board will approve the new rules. This will be done and in the meantime, a majority of Board members agreed to have the Association pay for the background checks until the new rules go into effect.

 

Complaint received about a charcoal grill being used at #214. Owner will be advised that this must be removed immediately.

 

The crack monitor needs to be checked in unit #3. Engineer will be called. Owners said between #234 and #213, the balcony is not level.

 

Joe Walton stated that the soffitt/fascia & gutter work will be started on December 6th.

 

Debbie Stanley said she has started the procedure to have Tony Caravello from the City help DBAC get approval to have the cars park on the north side of the north parking lot instead of in front of the units’ sliding glass doors.

 

Owners asked when the condos to the south will be started. This is unknown, but a sign has been put up out front.

 

Owners complained that the owner of #4 threw away drywall and an orange couch in the city dumpster. New owner will be notified.

 

Owners asked about gating the entrances into the courtyard, keying them the same as the laundry room/beach crossover lock. Others asked to put up railings on the south side first floor so that those owners could have their own areas, such as upstairs units have between sliders.

 

9. Set Next Meeting Date

No meeting date was set for now. If an emergency issue arises, the Board will meet. Otherwise, a January meeting will be set in January.

 

10. Adjournment

There being no further business, the meeting adjourned at 9:22 p.m.

 

Respectfully submitted,

Michelle Dugan, CMCA, LCAM #17226

Reconcilable Differences, Inc.

12/7/04

 

 

 

 

MINUTES of the Board of Directors Meeting for

DBAC, Inc (Dolphin Beach Apartment Condominium)

held Friday, October 8, 2004

1. Call to Order: Pam Morrison called the meeting to order at 7:30 p.m. at the management office in Cape Canaveral.

2. Quorum of Directors Established: Directors Present: President Pam Morrison, VP Barbara McGovern, Secretary/Treasurer Joe Walton and Directors Debra Stanley and Vivian Herdendorf. Ten owners in attendance: Betty Dolan, Sandy Hunter, Larry & Suzi Muench, Joe Leo, Jackie Brooks, Dale Stanley, Mr. & Mrs. O’Donnell.

3. Approval of September 10th Meeting Minutes: Joe W. motioned to approve the minutes as written and mailed to all owners. Barbara M. seconded, all in favor.

4. Hurricane Shutters: More sand was the main result of the second hurricane within 3 weeks. More shingles, soffitt and signs were also missing. There did not seem to be any interior damage from flooding water.

Because owners were still using plywood screwed into the building, the Board researched hurricane shutters so that one standard look can be approved for all to purchase, if so desired. Plywood nailed into the building will no longer be tolerated.

Joe brought prices for 3 different types. One has a bottom channel that must be mounted on the walkway, which cannot be done without voiding the warranty. Accordian shutters would also have to be mounted on the walkway. Roll up shutters are aluminum and hang on the wall, but they cost the most, $1833 per sliding glass door. Some people noted that the hurricane-proof sliding glass doors are less expensive that shutters. Bahama Shutters and Colonial Shutters that meet Dade County requirements were also presented, but cost $40-$50 per square foot. After much discussion, this decision was tabled until a meeting with Brevard Shutters is attended and more information is obtained.

5. Central Air Conditioning: Joe Leo brought information about central air. He had a drawing and stated that a hole would have to be drilled through the balcony. Again, after much discussion, more information, dimensions and details are required about how this would be installed for all units and how much space the compressor unit would take up outside. Once more information is obtained, the "package" must be approved by the Board, then mailed out to all owners to vote by proxy.

Units #30 & #220 were discussed. The owner of both has recently installed two new compressors on the wall right next to the neighbor's window. Some in attendance stated that this is an illegal way to install a/c’s and wanted code enforcement called in to require owner to re-install these where originally approved, out on the roof of the electrical room. In a majority, the Board wanted management to call code enforcement quickly to get this problem rectified.

6. 2005 Proposed Budget: Management stated that the Board must send out a fully funded budget, with an alternate if they so desire. After much discussion about a fully funded budget at $317.73 per 1-bdrm unit and $415.99 for 2-bedroom units, a 50% funded budget at $255 & $333.86 respectively and a minimal reserve funded budget at the same amount as last year, Barbara McGovern motioned to send out the 100% fully funded reserves budget and the 50% reserve funded budget. Debbie Stanley seconded. Discussion: Some felt that you must save to pay for repairs and regular maintenance. Others felt that Special Assessments were fine when needed and only wanted to pay the minimum again. Vote: In favor: Debbie S, Barbara M, Pam M, Joe W. Opposed: Vivian H. Motion carried. The two budgets will be mailed to all owners, along with a proxy to vote for the budget of their choice. At the November meeting, majority of votes will win.

7. Owner Input: People were discussing rules and problems and it was stated that the Board does not have the time to add to their duties by working on document revisions. Betty Dolan has agreed to chair the documents committee and Joe Leo, Pat Kerns, Debra Stanley and Suzi Muench have agreed to participate. After they present changes to the Board, a vote will be sought by all unit owners. A 75% positive vote will be required to change documents. Rules will also be discussed.

An owner was worried about the drainage where sand has clogged the parking lot center drain. The city will be called to find out who is responsible. If it is Association’s responsibility, the plumber will be called out. A Bobcat operator had promised to remove the sand, but then never showed up.

Owner asked if large trucks could be required to park in areas not impeding sliding glass door views. This was given to the documents committee to review.

The sidewalk areas that have shifted could be a trip hazard. Handyman will be asked to sawcut these areas, grade and re-paint them.

Owners complained about the wash-off area where water drips constantly. Plumber will be asked to replace this with a true "on-off" switch.

Rentals: Owners were concerned about non–approved renters and those who aren’t renting for 3 months minimum. All renters need to be approved by the Board at least 5 days before move-in and must understand and abide by the rules. Owners are responsible to comply.

Mr. Leo stated that he has a large crack in his wall now. The structural engineer will be called back out to inspect this and monitor the crack in #3.

Owners are reminded NOT to use the north dumpster that is owned by the city. Also, all owners are asked to contact Waste Management for pick-up of large items that cannot be cut down and loaded into the dumpster. Please check the notices on the bulletin boards for phone numbers.

Questions were asked about the lawsuit and the foreclosure. Answers have been requested from the lawyers.

The soffitt/gutter/fascia work will begin soon and a new maintenance man will start on Monday. His name is Ron Howard.

8. Set Next Meeting Date: The next meeting, to approve the 2005 budget and hurricane shutter specifications, will be held Friday, November 12th at 7:30 p.m.

9. Adjournment: There being no further business, the meeting adjourned at 9:15 p.m.

 

Minutes of the DBAC, Inc Board of Directors Meeting

held Friday, September 10, 2004

1. Call to Order: Pamela Morrison called the meeting to order at 7:01 pm at the management office at 109 Long Point Rd, Cape Canaveral.

2. Quorum of Directors Established: Directors Present: President Pam Morrison, VP Barbara McGovern, Sec/Treasurer Joe Walton and Directors Vivian Herdendorf and Debra Stanley. Residents in attendance: Sandy Hunter, Betty Dolan, Mr. & Mrs. Muench, Mr. & Mrs. Knittel and Mr. & Mrs. Moss.

3. Approval of July 23, 2004 Minutes: Joe Walton motioned to approve the minutes. Vivian Herdendorf seconded, all in favor.

4. Discussion of Work:

Air Conditioner Boxes: 34 more are needed to complete the work. Some members felt these should wait until a final decision is reached on central a/c’s. Board stated all need to be completed and if central air were ever approved, those boxes not needed could be future replacements. Approved for $3,400.

Screen Door Replacement: Many just disappeared in the renovation. Those that did need to be replaced. Ok’ed at $6,000.

Electrical Work in Attic – Approved at $1,500.

Steel Door Replacement at FPL Room: Although some felt this could wait, the door is rusting and is Association responsibility to replace even though only FPL can have access to it. Approved at $1,000.

Name & Dolphin Logo on Building: At $1,700, those present felt it was not needed now that the "Private Property" signs are on the walls.

Insurance Appraisal: All agreed it is important to know that the buildings are properly insured: Approved at $975.00

Asphalt Re-coating: Majority felt this was not necessary at this time. If needed, new bumper stops can be purchased for $11 each from Mrs. Morrison’s company.

Soffitt Replacement: Not replacing this in the renovation has been the most-complained-about aspect of that work. Hurricane Frances took a lot of it away. All agreed it is needed. Approved at $27,000.

Legal Defense against Lawsuit: At this time, a 2 year old suit filed against the Association is still not over. The attorney recommended being aggressive in fighting it or it will never be over. The attorney stated that the suit could cost up to $50K in total. Most members in attendance agreed that this cost is justified to resolve the problem. The Carlsons have offered to pay for the enclosure if the Board obtained the variance at a second hearing. President Pam Morrison stated that she had hoped to work with them, but the rest of the Board and those in attendance were in favor of resolving this in court. Cost approved at $20,000.

Possible Structural Problem: Although no dollar figure was attached to this line item, the Board wanted the minutes to reflect that a settling in one unit, #213, has occurred. Engineer inspected all units around that one as well, and no critical cracks were found. A crack monitor has been installed and will be inspected monthly by the engineer to see if there really is a problem or it the settling has stopped.

5. Owner Input:

Owners present felt that the line items discussed were fair and needed to be taken care of. Front doors and sliding doors were discussed. At this time, with no money to replace these, many owners have replaced themselves. Home Depot carries the front door and can install it. Instead of assessing for it and then returning money to those who have already replaced, the Board felt owners should just take care of doors themselves. One owner wanted the minutes to reflect that if the Association ever has the funds to pay owners back, they will. The Board agreed, so owners should save receipts.

6. Adoption of Special Assessment:

Taking out 2 line items brought the total required to $59,875. This breaks out to $1,451.97 per one bedroom unit and $1,901.03 for the 2 bedroom units. Pam Morrison motioned to assess $59,875 to the owners to make the needed repairs, with any overage being placed in the Deferred Maintenance Reserve. Joe Walton seconded. All in favor.

7. Payment Plan:

After discussion, Barbara McGovern motioned to approve the following payment plan:

$500 due before October 30, 2004

$500 due before December 30, 2004

$100 due in March, April, May & June of 2005

The balance ($51.97 for 1-bedrooms and $501.03 for 2-bedrooms) will be due before July 31, 2005.

Late fees would apply to all payments received later than 10 days after due date.

Debra Stanley seconded the motion, no discussion, all in favor.

Some people wanted invoices sent for each payment required. A notice will be placed on the initial notice sent out, asking any owner who wants a reminder notice to call or e-mail the office with their request.

8. New Business:

Before the hurricane, some people asked to install plywood. All who asked were told they could not nail into the building because that is common area, not personal. Some owners nailed up boards anyway and now there are large holes and broken stucco. NAC Seaside, the original contractor will void the warranty if homeowner repairs are made. As soon as all plywood is down, NAC will repair the damage, bill the Association, which will then backcharge the owners who made the holes, and the warranty will stay intact.

Hurricane shutters were then discussed. Debra Stanley had a number of options and Joe Walton wanted to get more options and prices. These will be discussed at the next meeting and the Board will approve a specific standard hurricane shutter that all can have installed on their windows. Plywood cannot be nailed into the outside walls again.

The hurricane brought a lot of sand up to the buildings, covering the beach crossover. Some owners are willing to help shovel it out. All volunteers are greatly appreciated.

9. Set Next Meeting Date

The next meeting was scheduled for Friday, October 1st, but due to the hurricane is re-scheduled for Friday October 8th, 2004, at 7:30 p.m. to discuss hurricane shutters and a proposed budget for 2005. All owners are welcome to attend.

10. Adjournment

There being no further business, the meeting adjourned at 8:12 pm.

 

 

Minutes of the DBAC, Inc Board of Directors Meeting

held Friday, July 23, 2004

1. Call to Order:

Pamela Morrison called the meeting to order at 7:00 pm at the management office at 109 Long Point Rd, Cape Canaveral. Two residents attended (Dale Stanley and Sandy Hunter).

2. Quorum of Directors Established:

Directors Present: President Pam Morrison, VP Barbara McGovern, Sec/Treasurer Joe Walton and Director Vivian Herdendorf. Director Linda Delaire did not attend.

3. Approval of May 28, 2004 Minutes:

Joe Walton motioned to approve the minutes. Vivian Herdendorf seconded, all in favor.

4. Resignation of Board Member:

Linda Petersen Delaire resigned due to conflicts that make her unable to participate as she feels a Board member should. Pam motioned to accept her resignation, Joe seconded, all in favor.

5. Appointment of New Board Member:

The agenda and a notice about the opening were posted on the on-site bulletin board. Only one person offered to serve. Pam motioned to appoint Debra Stanley as Director. Joe Walton seconded, all in favor.

6. Legal Update:

Attorney Jim Olsen attended to update the Board on new requests regarding the ongoing lawsuit by the owners of unit #220 against the Association.

The attorney for the owners of #220 have asked the Board to request a second variance for the reconstruction of a glass balcony enclosure with the city's Board of Adjustment. The Board of Adjustment denied the first variance to reconstruct by a vote of 5 to 0 in February, 2004. The owners of #220 had 30 days to appeal this decision with the Circuit Court, but did not.  The first request that the Association apply for a variance was verbally agreed to by the Board under the condition that the lawsuit be dropped. That was not put in writing, so at this time, the owners of #220 could still pursue litigation.  The Association attorney gave options to the Board and left at 8:20 pm.

 

Joe Walton motioned to reject the idea of seeking a second variance and to continue to defend the litigation. Vivian Herdendorf seconded. There was more discussion about other options. Vote: Three in favor (Joe Walton, Vivian Herdendorf and Barbara McGovern) and two against (Pam Morrison & Debbie Stanley). Motion passed. The attorney was notified of the decision and asked to draft a letter stating the Board’s stance in putting an end to this lawsuit.

7. Financial Report:

The foreclosure suit against #215 has a September 28th date at which the real owner of the unit should be decided. After that, the next step is to demand payment or foreclosure will be completed. The attorney is hoping for resolution before December. There is $3400 in the operating account.

8. Owner Input:

There seems to be a problem with water coming through the soffitts and lights on the 2nd floor walkways. This will be researched.

The foundation concern in Unit #213 is still a high priority. The unit owner says the floor tiles are now cracking on the sloping floor. As soon as the tenant in #3 leaves in mid-August, the engineer is set to go in, inspect and give a price for repair.

Foundation areas in front of the mail boxes seem to be washing away. This will be researched.

Outside air conditioner information was presented by Joe Leo. Joe was asked to present this at the next meeting so that it could be on the agenda and interested owners could be present to ask questions.

9. Set Next Meeting Date

The next meeting is scheduled for Friday, September 10, 2004, at 7:00 p.m. to discuss a possible Special Assessment to repair the floor joists below #213, finish the air conditioner covers and do electrical upgrades.

10. Adjournment

There being no further business, the meeting adjourned at 8:40 pm.

 

 

 

Minutes of the DBAC, Inc Special Board of Directors Meeting

held Friday, May 28, 2004

1. Call to Order:

Pamela Morrison called the meeting to order at 7:06 pm at the management office at 109 Long Point Rd, Cape Canaveral. Nine residents attended (Joe Leo, Betty Dolan, Sandy Hunter, Jackie Brooks, Larry & Suzanne Muench, Peggy Smith, Lloyd Hill and Randy Reeder).

2. Quorum of Directors Established:

Directors Present: President Pam Morrison, VP Barbara McGovern, Sec/Treasurer Joe Walton and Director Vivian Herdendorf. Director Linda DeLaire could not attend.

3. Discussion & Approval of March 30 and April 13 Minutes:

Pam Morrison asked to clarify the remarks under "Owners Input" in the April 13 minutes. There was no evidence to support any harassment or illegal activities. The Board only wanted to make it clear that all residents need to respect the privacy of their neighbors. It was re-iterated that the balconies are Common Areas and no one has the right to tell another that they cannot walk on that balcony.

The rules do state that no chairs or other items can be left out on the balcony unless they are being used.

Joe Walton motioned to approve the minutes with that change. Vivian Herdendorf seconded, all in favor.

4. Treasurer’s Report:

Michelle stated that the Land Lease Payment of $15,000 was just paid and now there is $330.87 in the checking account. Maintenance expenses are over-budget due to taking care of work that should have been done in the renovation, as well as plumbing emergencies. Discussion ensued about asking to pay the land lease in 4 payments instead of one. Mr. Kabboord will be asked about this.

5. Unfinished Business:

Proxy / Voting Results:

A. Third Door Style choice:

After a second chance to obtain votes, the final vote showed 14 for and 18 against the additional door choice of a half moon glass insert at the top of the door. This did not pass.

B. Amendment to allow central a/c and remove wall a/c units:

The vote to change the documents and allow central a/c, to include an outdoor condenser, was 16 for and 16 against the amendment. This vote required 75% positive votes, so did not pass. There was still much discussion, so some present were hoping that a feasibility study would be done, showing what the units would look like, how they would be installed and where the water would go. Owner Joe Leo offered to do this.

6. New Business:

Request from Owner for Reimbursement:

When a plumbing stoppage affected the whole south building, Unit #23 had to have their living room foundation dug up to find and push the stuck towel out to the street. This unit’s tenant was inconvenienced and the owner requested payment of one night in a hotel and reimbursement of the $100 off the tenant’s rent that was given for the inconvenience. Vivian Herdendorf motioned to pay the $176.95. Barbara McGovern seconded. After discussion, vote was taken. For: Pam Morrison. Against: Joe Walton, Vivian Herdendorf, Barbara McGovern. Motion did not pass.

Discussion on the Need for the Following Work:

Electrical: Joe Walton is trying to obtain a price from Hoog Electric. Hoog did say that the estimated $25K was overstated. A price will be obtained before the next meeting.

Screen Doors: The 30 screen doors still needed will cost approximately $3600.

Air Conditioning Covers: The 27 covers still needed will cost $2,600.

Signage: The building name and dolphin logo, at 60" x 53" on the north west side of the property, would cost $1325.00

Soffit: A bid for the entire building came to $28,000. The bid for installing soffit in front of #220 is $1,154.

Foundation Concerns: Since the last meeting, it has been brought to management’s attention that Unit #213’s kitchen and dining room floor is sloping. Checking from the unit underneath is the only way the engineer said the problem could be found, but he thinks it is a floor joist coming loose. Unit #3 was just purchased and has a new tenant in for 3 months. In September, after the tenant is gone, an engineer will be called to inspect and the work completed. A past engineer stated that the cost would be $8-$10K.

7. Manager’s Report:

Unit #238 called last month to say the interior of their bedroom, around the a/c unit, was never repaired. This was taken care of and now all interior work is finished.

Three new doors were installed, at the electrical room, the laundry room and the storage room in front of #10. All have new locks so no one can get in.

Animal feces had been found on the second floor and it has been discovered that these belong to a raccoon. A trap will be borrowed from Animal Control and then they will pick it up and dispose of it after trapped.

A request was made to put a spring on the beach access gate. This was not something those present felt was needed.

Space Coast Window, who installed the sliders and windows for the renovation, have stated that if anyone is unhappy with their work, the owner is requested to call the contractor with details of what is wrong.

The a/c lines from #30 and #240 drip onto the walkway. The owner of both said in February that he would re-plumb this. He will be reminded.

The signs for the half-gates were ordered and will be installed soon, as well as the larger address numbers.

Joe Walton was thanked for all his work to install the new beach crossover wood. It saved the Association at least $10K.

8. Owner Input:

The storage room in front of Unit #10 now has a new door and a separate lock.

The son of an owner was seen jumping over the beach access gate.

Regarding the beach gate, the letter from the attorney stated that the Board acted fiduciarily in putting the lock on the gate and making it higher to keep out the vandals and transients. An owner still felt the Board should have asked for a vote of membership. He will put his concerns in writing and pass them through management to the attorney. Mrs. Morrison stated that the Board is responsible to put the best interests of all owners in front of their personal feelings and the gate has greatly reduced transients.

The grass is dying. The city has a pressure problem with the re-claimed water so hand-watering is being done, but must be carefully watched, as water from the hose has sewer charges attached to its use.

There is a community picnic this Sunday. It is not sponsored by the Association but all are welcome.

Joe Walton was given permission to choose what color to stain the new beach crossover.

 

9. Set Next Meeting Date

The next meeting is scheduled for Friday, June 25, 2004, at 7:00 p.m. to discuss needed maintenance work and how to pay for it.

10. Adjournment

There being no further business, the meeting adjourned at 8:40 pm.

 

 

Respectfully submitted,

Michelle Dugan, CMCA, LCAM #17226

Community Association Manager

Reconcilable Differences, Inc.

 

Minutes of the DBAC, Inc

Special Members’ Meeting & Board of Directors Meeting

held Tuesday, April 13, 2004

1. Call to Order:

Pamela Morrison called the meeting to order at 7:00 pm at the management office at 109 Long Point Rd, Cape Canaveral. Six residents attended (Joe Leo, Betty Dolan, Dave Roy, Sandy Hunter, Jackie Brooks, and Stephanie Cranfield).

2. Quorum of Directors Established:

Directors Present: President Pam Morrison, VP Barbara McGovern, Sec/Treasurer Joe Walton and Director Vivian Herdendorf. Director Linda DeLaire could not attend.

3. Quorum of Members Established:

Ten members were present in person and 16 were present by proxy. Twenty-one members were needed to have the meeting, so this requirement was met.

4. Treasurer’s Report:

Michelle stated that the Special Assessment money has now been completely used. Twenty-seven more a/c covers were ordered and installed today and this used up the balance of the fund. The operating account has $13K and expenses are meeting budget to date. Joe Walton asked if the Treasurer’s Report could be posted on the bulletin board, but since that isn’t waterproofed yet, the Board agreed to send financials to the owners with the minutes of all meetings.

5. Proxy / Voting Results:

A. Third Door Style choice:

Voting results showed 13 for and 13 against the additional door choice of a half moon glass insert at the top of the door.

B. Amendment to allow central a/c and remove wall a/c units:

The vote to change the documents and allow central a/c, to include an outdoor condenser, was 15 for and 11 against the amendment. Vivian Herdendorf motioned to adjourn this Special Meeting and allow 30 days for the rest of the owners to vote on this issue. Barbara McGovern seconded, all in favor. We still need votes from Unit #3, 4, 5, 8, 21, 26, 27, 212, 215, 218, 220, 231, 237 and 238.

6. Special Assessment Needs:

Twelve items were discussed as needing to be repaired at DBAC. After much discussion, 5 of those items were deemed to need immediate attention. In order of importance:

#1 electrical work: The main electrical wiring has never been upgraded. Joe Walton will obtain bids for this.

#2 screen doors: 30 of 40 sliding glass doors are missing their screen doors since the renovation work. The cost from Beach Door & Window is $90 per 2nd floor screen door and $120 for the taller first floor sliders.

#3 air conditioner covers: Although some owners want to replace wall units with central air if this amendment passes, many will not take on that expense and the covers need to be in place. 27 are still needed at $90 each, installed.

#4 signage: Two signs will be added to each swinging door at north and south of building, but many owners requested that the name be on the building. KM Home Repairs, who also made the a/c covers, designed a logo for the wall with 2 dolphins underneath curved letters. The Board, with input from those owners present, agreed on cursive font and the wording "Dolphin Beach Condo". Keith will bid this before the next meeting.

Other important items:

#5 Soffits: The area in front of #220 must be repaired, but a bid to re-soffit the entire building will be obtained as well.

Front Doors: Although the Association cannot afford to replace these, owners have replaced their own at a cost from Home Depot of $567.00 installed. The approved door is installed at #234.

Sliding Doors: Again, the Association does not have funds to cover new sliding doors, but owners may install at their own cost, approximately $3400 for hurricane-warranted glass.

Tables & Benches: Vivian obtained a price of $350 for a concrete table with 3 circular benches around it. No umbrella was bid. This will be paid for out of regular operating funds at a future date.

Fencing at front and sides of building: Was tabled due to no funds, no emergency need and the probability of owner vote to gate the courtyard. A complaint about how loud the half gate closes was brought up. Jackie Brooks offered to try and make this more quiet when it closes.

Asphalt Resurfacing: Those present decided this was not an emergency and could wait at least one year.

Beach Crossover: Joe Walton obtained costs of lumber to repair this dangerous walkway. Joe motioned to spend $1200 from operating to purchase the lumber and nails and he would volunteer to do the work with the handyman and any other owner/resident willing to help. Pam seconded, all in favor.

No one present had any interior concerns still outstanding. Two newsletters mailed to all owners also asked for input, so at this time, all renovation work inside units is considered completed satisfactorily. No future requests for interior repairs attributable to renovation will be considered.

7. Owner Input:

Jackie Brooks felt that the gate and key lock were a material alteration. The lawyer was contacted about this and verbally told the manager that it was acceptable to lock it due to vandalism and safety without a member vote, but the Board asked for a written confirmation of this for Mr. Brooks.

Mr. Roy had a complaint about a resident walking past his kitchen window on the balcony. Discussion ensued about the intent of these balconies. All were asked to not harass neighbors and to use the balconies and walkways only for egress and not to look inside people’s homes.

8. Set Next Meeting Date

Due to conflicts of Board members, the next meeting is scheduled for Friday, May 28, 2004, at 7:00 p.m. when the re-vote for the amendment allowing air conditioners on the walkways and a 3rd option for front doors will be finalized, as well as a cost for the Special Assessment needs.

9. Adjournment

There being no further business, the meeting adjourned at 8:45 pm.

 

Respectfully submitted,

Michelle Dugan, CMCA, LCAM #17226

Community Association Manager

Reconcilable Differences, Inc.

 

Minutes of the DBAC, Inc

Board of Directors’ Meeting

held Tuesday, March 30, 2004

1. Call to Order:

Pamela Morrison called the meeting to order at 7:30 pm at the management office at 109 Long Point Rd, Cape Canaveral. Six residents attended (Joe Leo, Betty Dolan, Dave & Corinne Roy, Sandy Hunter, Pat Kerns).

2. Quorum of Directors Established

Directors Present: President Pam Morrison, VP Barbara McGovern, Sec/Treasurer Joe Walton, Director Vivian Herdendorf. Director Linda DeLaire could not attend.

2. Discussion & Approval of February 17, 2004 Meeting Minutes

Joe Walton motioned to approve the minutes as written. Barbara McGovern seconded, all in favor.

3. Treasurer’s Report

Michelle Dugan stated that the Operating Account has $9K and the balance in the Special Assessment account is $2444. The Association is putting away $625 per month in Reserves. The Association is over budget, due mainly to plumbing repairs of $8K and utilities (cable) being more than budgeted.

4. Manager’s Report

The beach crossover gate is in and keys have been distributed to most owners. The entrance dolphin has been attached to the stand and faux painted to match. Plants are needed. Pam Morrison motioned to spend up to $300 to purchase two pygmy date palms and colorful plants that will not need much upkeep. Joe seconded. After much owner input, volunteers at the condo would purchase and plant. Maintenance will only be asked to purchase 3 bags of topsoil. Vote: Vivian against, 3 others in favor, motion passed. Resident asked if he could plant an herb garden. Board agreed to south side of property for "personal planting" but it must be kept up and weeded by the person planting it.

Four units have been sold and one is for sale. The new #28 owner has promised to bring his unit into compliance with fire code, by making the N/S units into one unit, within 2 years. Two units are being sold to the same person and one was approved tonight for a sale price of $130K.

Complaints about loud music were received and the resident wanted management to go in and turn off the radio. We cannot do this. Only in an emergency and after contacting the owner can director / manager/contractor go in together.

The beach crossover wood is in need of replacement. After much discussion, Pam Morrison motioned to spend $1600 from the Special Assessment fund to purchase the wood and Joe Walton will work with Scott to install and replace the wood, using stainless steel screws, not nails. This work is required because of the safety hazard brought to the Board’s attention. Joe Walton seconded, all in favor.

5. Old Business:

Unit #215 Update:

The attorney who is now trustee of this unit has filed what the Association considers "frivolous defenses" and Helena is filing motions to stop the continual pleadings. Until all "pleadings" are exhausted, the Association cannot continue with the summary judgment. After a summary judgment is levied, the judge sets a date for the foreclosure. Barring any more legal maneuverings, the Association should have either their money or the unit in their possession by the end of the year.

6. New Business:

A. Lawsuit Update:

The variance hearing to approve the re-installation of a glass enclosure at unit #220 was denied 5 to 0 by the Cocoa Beach Board of Adjustment. If a person wished to appeal their decision, it would have to be appealed to the Circuit Court, not a city commission. This means that the decision of the board of adjustment constitutes "final agency action" and is only appealable to the courts.  The DBAC Board of Directors agreed to exhaust its administrative remedies, but not seek a court appeal of the decision. This Board felt that they had sufficiently exhausted all administrative remedies in this case. First, the building department disapproved the permit, based on building within the "no build" zone. The Board sent a letter to the city requesting a review of this decision and Tony Caravella upheld the decision adding egress concerns and the fact that the initial enclosure had never been approved. Pam Morrison motioned not to file a circuit court appeal. Joe Walton seconded, all in favor.

B. Unit #220 Request for Door Placement

The Carlson’s have asked for permission to install a front door on the north side of the building. As a compromise, they would place the door where the current kitchen window is and return the hot water heater to its proper placement inside the unit.

After much discussion, Pam Morrison motioned to respond to the request with the following stipulation:

If approval is given by the fire marshal and a permit granted by the City of Cocoa Beach, then the Association will mail this out for a vote of the membership, because it would be an alteration to the building and requires 75% approval. In the process of writing this letter, the Carlson’s will also be given another copy of the fire marshal’s letter of 2003 wherein he states that their unit is not up to code and they must take full liability for their safety if they choose to inhabit the unit.

C. Keys:

Two new keys to the dunes crossover were given to each unit. Any more keys required by the owners will cost a deposit of $25, refundable at any time they wish to return the key. The keys are not duplicatable at local hardware stores. The installer will be asked to check the lock, because it seems that sand has already started to infiltrate the lock on the beach side, making it hard to enter from the east. As for keys to units, all owners are requested to make additional personal keys and either leave one with a friend or in a safe place. Otherwise, you will need to contact a locksmith. The Association cannot be asked to open your door when you lock yourself out.

7. Owner Input

A resident stated that her balcony screen does not lock. Pam noted that all owners have been asked to put in writing anything they feel needs to be taken care of to bring the unit back up to par. This does not mean the request will be granted, but the Board needs to know the problems before they can evaluate answers. April 10, 2004 is the last day to submit complaints. After that date, if an owner has an issue they feel should have been taken care of with the renovation work, they will not be able to submit that claim and must take care of it themselves.

A resident stated that NAC, the renovation contractor, should be responsible for the missing screen enclosures and that the engineer knows this. He will be contacted.

Parking is a problem. Board agreed to have maintenance paint black letters "RESERVED" on each car stop to see if that helps. New parking permits will also be investigated.

After discussion, Vivian Herdendorf offered to research cost of concrete tables and benches because many wanted these back. The cost will be discussed at the next meeting.

Grilling rules were discussed. One resident stated that the city allows grills on balconies if the propane tank is 2.5 pounds or less. Management will research this, but no grilling is allowed on the DBAC walkways.

A resident asked about selective enforcement. Many owners are disregarding the rules and keeping items on the walkways/porches. Pam reiterated that a committee is needed to re-evaluate and re-do the documents and have the unit owners vote on the changes.

A resident stated that the new cross-over between #220 and #240 is already cracking at seams on top and underneath and the coating has cracked and open, probably due to settling. Joe Walton will look into this and if so, a certified letter will be sent to NAC to take care of this problem immediately.

8. Set Next Meeting Date

The next meeting is scheduled for April 13, 2004, to vote on allowing air conditioners on the walkways and a 3rd option for front doors.

9. Adjournment

There being no further business, the meeting adjourned at 8:48 pm.

 

Respectfully submitted,

Michelle Dugan, CMCA, LCAM #17226

Community Association Manager

Reconcilable Differences, Inc.

 

MINUTES of the

DOLPHIN BEACH APARTMENT CONDOMINIUM, INC. (DBAC, INC)

ANNUAL MEETING

held SATURDAY, MARCH 13, 2004

at the management office, 109 Long Point Road, Cape Canaveral, FL

 

MEETING CALLED TO ORDER:

The meeting was called to order at 1:20 pm. The meeting had to begin late while calling owners and waiting for a quorum to arrive.

CERTIFICATION OF PROXIES & ESTABLISHMENT OF A QUORUM OF MEMBERS FOR ANNUAL MEETING:

The minimum quorum requirement of 21 owners was met by having 13 owners in person and 8 proxies. Three more owners arrived later.

APPROVAL OF MINUTES FROM PREVIOUS ANNUAL MEETING:

Unfortunately, no minutes of the 2003 meeting could be found, so none could be approved.

FINANCIAL REPORT:

Manager Michelle Dugan stated that $570,375.79 was spent on the restoration on 2003. $595,541 was assessed and $15,000 is still owed by Unit #215. Therefore, the actual balance left to finish the work is a little over $10K. The walkways were recently coated and 20 of the air conditioner covers have been installed in 2004. Insurance cost $4,613 more than budgeted last year and the lawsuit payments in 2004 came to $14,256. There are still items to complete, including soffitt, beach crossover, screen doors and finishing the a/c covers for which there is currently no money.

REPORTS BY DIRECTORS:

Past president Corinne Roy could not attend but asked that her report be read. Before manager read the report, Pam Morrison wanted the minutes to reflect that the past president’s message dies not reflect the opinion of the current Board. See attached.

Pam Morrison, interim president, stated that the newsletter she wrote last month asked owners for any items they felt should have been completed as part of the restoration. To date, no one has responded with any concerns and these are important to know before the Board can assess what still needs to be done.

Pam then thanked Sandy Hunter, who could not attend due to a family medical emergency, for all her work helping the Board.

PRESENTATION OF 2004-05 BOARD MEMBERS:

Five candidates volunteered to serve on the board within the time frame required by Florida Statute 718.112(d)3. Therefore, no election of officers was required. Those who have agreed to serve are:

LINDA DE LAIRE Unit #233

VIVIAN HERDENDORF Unit # 10

BARBARA McGOVERN Unit # 7

PAMELA MORRISON Unit # 24

NELSON "JOE" WALTON Unit # 1

OPEN FORUM-COMMENTS AND DISCUSSION

The owner of Unit #2 asked if the Association would pay for her new sliding glass door when there were funds available. The Board was not sure this could be done since many had covered their own through the years.

A variance hearing with the city of Cocoa Beach is scheduled for next Wednesday, March 17th. The Board, in November, 2003, agreed, under legal advice, to exhaust all administrative remedies regarding the glass enclosure for unit #220. Based on the decision of the Board of Adjustment next Wednesday, there may be an added cost for the installation of a glass enclosure, which will need to be discussed in a meeting soon.

Contractors not cleaning up after themselves was discussed. A committee is badly needed to discuss rules and changes to the declaration to be able to demand compliance and have consequences if the owner does not enforce these same rules with their contractors.

Unit #2 requested the installation of a central air/heat unit. Because this is a material alteration to the outside of the building, all membership has to vote on this change. The proxy will go out to all owners next week and the meeting to vote on this change will be held April 13th at 7:00 p.m.

A dolphin statue has been purchased and donated by Sandy Hunter and Betty Ann Dolan. Lance Bedwell will install it on a pedestal at the front of the building. Both were thanked for their generosity.

ADJOURNMENT:

There being no further business, the meeting adjourned at 1:45 p.m.

 

Immediately following the Annual Meeting, the new Board met for an

ORGANIZATIONAL MEETING to elect officers.

The meeting commenced at 2 pm.

Joe Walton nominated Pam Morrison as President. All agreed and Pam accepted.

Pam nominated Barbara McGovern as Vice President. She accepted and all agreed.

Pam then asked Joe Walton if he would be willing to accept both Treasurer and Secretary positions. He accepted and all agreed.

Vivian and Linda agreed to be members at large.

The new Board agreed that all minutes will be mailed to all owners and Pam will prepare frequent newsletters.

After the variance hearing, the Board would discuss when the next meeting would be held.

The meeting adjourned at 2:15 pm.

Respectfully Submitted,

 

Michelle Dugan, CMCA, LCAM #17226

Community Association Manager

Reconcilable Differences, Inc.

Past President’s Report

January 28, 2003 to November 24, 2003

The Restoration of the building included the reconstruction of the balconies of both the North and South buildings and the construction of two crossovers both east and west, which were mandated by the Cocoa Beach Building inspector and Fire Marshall as part of the Fire Code compliance. The electrical room on the southeast side and the utility room #1 on the northeast side both have been redecked and reinforced at their base.

The building has been re-stuccoed and painted. The new railings are installed up to code. Warranties provided by the contractors are on file with RDI Management

 Bryant Engineer's Notes:

 The City of Cocoa Beach has mandated bi-annual inspections of the floor joists in all of the units on the upper level. These reports should be kept on file until asked for by the City. 

All Owners need to submit to the Board approval of renovations to their Units. No walls, no doors, nor sliders are to be removed. 

Space Coast Property Management was fired by the Board as of August 31, 2003. They had become irresponsible and a hindrance to our Association.

Our present Management Company, RDI, is hard working. Michelle Dugan and I met for hours in August and September as she had to be informed about the status of Finances, Restoration, Foreclosures, Lawsuits, Maintenance.  She is respected in the Cocoa Beach community and by all the properties she manages.

Unit 220 Enclosure:

 Based on recommendation of Bryant Engineering Unit 220 enclosure was unsafe and had to be torn down. and the Board approved. 

On July 29, 2003 NAC was denied permit by the City of Cocoa Beach to reconstruct the enclosure based on the fact that the structure was never "permitted" previously. It was deemed an illegal structure.

As President, I wrote a letter to City of Cocoa, Anthony Caravello, asking for a clarification and based on laws protecting existing structures, asked the City to reconsider their decision.

Mr. Carvello's denial was reinforced by citing City Laws; not only was the structure illegal as previously stated but it was infringing on the delicate balance of the environment.  As President, I reported to the Board, I strongly felt we should not continue to pursue the Variance. 

An Emergency Executive Board meeting was called and The Board of Directors voted 4 to 1 in favor of pursuing a Variance.

I strongly objected.  With the lack of support by the other directors I resigned on November 24, 2003.

 

Dolphin Beach is a beautiful place to live and I am proud that the Restoration of the property has helped increase all our investments.

 

I would like to thank Board members, Chris Skidmore, Secretary, Sandy Hunter, Treasurer for their time, support and hard work to get the job done, and their husbands Joe and Ron for support during this past year. I would also like to thank the Chairperson of the Restoration committee, David Roy, for the many hours he gave interviewing and meeting with the Engineer, Foreman and many contractors to get this project completed.

 

In conclusion, I know the new Board will uphold the Association Bylaws for the good of all its members. Remember, No one member should ever be given preference over the others. The task you have volunteered for will be exhausting at times but you have been entrusted with upholding the Bylaws of this Association.

Respectfully,

Corinne Roy, Past President

 

MINUTES of the Board of Directors Meeting for

DBAC, Inc (Dolphin Beach Apartment Condominium)

be held Tuesday, February 17, 2004

at the Management Office

 

1. Call to Order:

Pam Morrison called the meeting to order at 7:30 p.m.

 

2. Quorum of Directors Established:

Directors Present: President Pam Morrison, Secretary Joe Walton, Treasurer Sandy Hunter & Director Linda DeLaire. Not Present: VP Greg Murad. Owners in attendance: Betty Vendetto by proxy and Mr. Morrison.

 

2. Discussion & Approval of January 13th Meeting Minutes:

Pam Morrison motioned to approve the minutes as written. Joe Walton seconded, all in favor.

 

3. Treasurer’s Report:

Sandy Hunter stated that the Association has $11,172 in the Operating Account and $17,743 in the Special Assessment Fund. There is more than $19K owed to the Association by unit #215. The deck coating will cost approximately $11K and the engineer still has not billed the approximate $2500 for the boundary survey.

 

4. Manager’s Report:

·         Three fiberglass doors were ordered for both electrical rooms and laundry room. There are currently no tenants in unit #. As the first girl left, a boy showed up but he did not stay long since the electricity was turned off. Attorney Helena Malchow attended a hearing today to demand that any future rents for #215 be placed in a trust account to pay off the debt to the Association. The trustee had no objections to this and even agreed to get approval for any future tenants.

·         DEP sent a “request for public comment” for 3800 Ocean Beach Blvd next door. The owners, Ben & Norma Willard, are proposing a 10-unit condominium with pool, driveway, and parking area.

·         NAC agreed to repay us the $70 for the drainpipe repair between units 5 & 6. They repaired the cracks in the stucco at the storage room adjacent to unit #10, but worry that there is a foundation problem. The rusted washers will be replaced with stainless steel washers on the railings.

·         The tenant in unit #240 has put glue and cuts in the balcony coating and used the railings as paint stands so these are scratched. Kabbord has been made aware of the problem.

·         Barry Ranew, Insurance Agent, filed a claim without Association approval because an owner told him she had a lawsuit against the Association. After much correspondence with the adjuster, it was decided that this claim was an owner-to-owner issue and had nothing to do with the Association. Insurance agent was asked never to do this again without first notifying the Association.

 

5. Old Business:

A.     Gating Bids:

KM Enterprize bid $879.80 for a coated link fence panel and gate on the dune crossover. The Board wanted a locked gate because non-residents are walking up to find bathrooms and use the wash area. Beach Locksmith stated that for under $400 the gate could have a lock that holds up well in the salt installed and 85 non-reproducable keys. Joe Walton motioned to have this work done. Sandy Hunter seconded, all in favor.

B.     Signage:

The Stanley’s had offered last month to research this issue. In the meantime, there are numbers up for emergency personnel. As for other signage, the Board liked the look of the signs at Majestic Seas, so 3 signs will be made: One in the parking lot and one at each entrance gate, stating “Private Property, No Trespassing, No Beach Access”. The tow company will install a new “Violators will be Towed” sign with their name and phone number. The old sign has a defunct tow company named. This will cost under $300 installed with a post in parking lot.

C.     Boundary Survey:

The survey was received February 5th and Bill Ferguson filled out the variance paperwork. With the President’s notarized signature on all 7 sets and a check for $480, the variance will be filed with the city tomorrow.

D.     Walkway Coating Work:

This work is underway. Tech Systems has smoothed down cracks and dips. They should start coating next Monday and will leave notices at all doors at least a week before they start coating. There is a problem with pooling water near the laundry room. Joe Walton will investigate how to remove this problem.

E.     Screen Doors:

Bill at Beach Window replaced rollers and re-screened all the screen doors he could yesterday. Almost 30 are missing. Unfortunately, there is no money to replace these right now. This was tabled. The bid received for replacements are $90 for upstairs and $120 for the lower, larger sliding doors.

 

6. New Business:

A. A/C Covers and costs:

KM Enterprizes re-made the prototype with a duct-like front so the unit could not be seen. After much discussion, Joe Walton motioned to install 20 of the covers in the courtyard area. Sandy Hunter seconded. The cost is $90 per cover installed but not painted. Maintenance will paint after they are installed. This cost will come from the Special Assessment fund. All in favor.

B. Owner #2 request for central a/c:

The new owner of unit #2 requested approval to install a central a/c unit on the common area outside her unit on the north side. After discussion with attorney Weans, the Association was told that approval of owners is required. The Board approved having the attorney write up a proxy for this vote.

C. Unit #23 Foundation/Plumbing Repairs:

A major sewer main problem required opening the floor of unit #23. A knotted towel was found, removed and the floor re-concreted. This was a major inconvenience to the tenant in #23 but could not be helped. Almost all first floor south owners were without toilets for 48 hours. The cost was $4500.00, taken from Special Assessment funds as part of the restoration work.

D. Tables/Chairs for Common Areas:

There have been requests for these in the courtyard and in the grass on the east side of the property, but there is no money. Donations would be greatly appreciated.

E. Unit Keys/Key Box:

The keys to all 2nd floor south units were changed due to loss of that key ring. Te Board also agreed that a key box with each key individually marked would be easier to control. The box, service call, opening doors and 3 keys per unit cost $345.00

  Because of this breach of security, Joe Walton motioned that any time a unit must be entered for an emergency visit, it must always be with at least one other Board member, a licensed contractor or management. No one can enter alone or they could be sued personally by a disgruntled owner or tenant. Pam Morrison seconded, all in favor.

F.      Door with Fan Window Replacement Request:

An owner has asked for approval to install a third choice of front doors, one with the half-moon window at the top. This will be added to the proxy with the air conditioner change so that members can vote on this. These require a 75% positive vote by owners.

G.     Annual Meeting – Candidates:

Only five owners offered to serve, so no election is required. Those who will serve are: Linda DeLaire, Vivian Herdendorf, Barbara McGowan, Pamela Morrison and Joe Walton. After the Annual Meeting, they will decide who serve as officers.

 

 7. Owner Input:

None.

 

8. Set Next Meeting Date:

The next meeting will be the Annual Meeting on Saturday, March 13, 2004 at the management office. Owners are asked to bring chairs if they have them.

 

9. Adjournment:

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.

 

 

 

 

 

 

Minutes of the Meeting of the Board of Directors of

DBAC, Inc (Dolphin Beach Apartment Condominium)

held Tuesday, January 13, 2004 at the Management Office

 

1. Call to Order

The meeting was called to order at 7:30 p.m.

 

2. Quorum of Directors Established:

Directors Present: VP Greg Murad by speakerphone, Secretary Joe Walton, Treasurer Sandy Hunter and Director Pam Morrison. Director Linda Delaire did not attend. Owners in Attendance: Vendetto #236 by proxy, Lance Bedwell #22, Dale & Debbie Stanley #211,

 

3. Discussion & Approval of December 9, 2003 Minutes:

Minutes of the previous meeting were presented. A change requested by e-mail not to include #236 Vendetto as an owner was discussed but denied because she had a proxy to attend for her son. Greg Murad motioned to approve the minutes as written, Sandy Hunter seconded, all in favor.

 

4. Appointment of President:

Pam Morrison, owner of Unit #24 N/S, was willing to serve as interim President until the Annual Meeting on March 13th. Sandy Hunter motioned to appoint Pam as President. Joe Walton seconded, all in favor.

 

5. Treasurer’s Report

Sandy stated that there is $28K in the Special Assessment fund. Approximately $10K will be expended for walkway repairs and coating. The Association ended the year very close to budget. Flood Insurance was $4600 over budget but all else was in line. The renovation costs in 2003 were $576K. Florida Statute does not require any reporting for Associations with less than 50 units, but with the large amount of money received and spent in 2003, and with 3 management companies having been used, the Board asked for a CPA’s cost to look the books over and give a report.

 

6. Manager’s Report

Unit #215 and Unit #5 have taken a great deal of time this month, between parties, illegal tenants, the foreclosure proceedings and water leaks. Unit #215 seems to be owned by trustee Mark Peters of Melbourne. The Association attorney has started proceedings to have the court collect the rents until the suit is resolved.

 

Bids were obtained for a photocell so that outside lights will turn on at dusk and off at dawn.

 

Bids are again being obtained for air conditioner covers. A cover similar to those at Buena Vista condos is being bid. This contractor will also bid a green-coated chain-link fence to be placed in the center of the beach crossover walkway, with portions to sit over the edges of the handrail to keep people from climbing around it. Discussion about front entrance gating ensued. No bid will be obtained for a gate at the courtyard, but gates at south back entrance and north east entrance gate and rails will be bid.

 

Allen Engineering gave a price for a boundary survey, but did not believe that would suffice with the city of Cocoa Beach in a variance request. The variance request packet was faxed to the engineer and he, today, definitely stated that the $2500 boundary survey would be acceptable to the city.

 

7. Old Business:

            A. Footwash Replacement: The Board agreed to have All Florida Plumbing replace the hose and cracked pipe with a nicer version at a cost of $270.00

 

            B. Gating was discussed above.

            C. Signage: Product samples were presented for large plastic letters and all the fonts available. The Board did not like this look and discussion ensued. Dale & Debbie Stanley agreed to investigate more attractive 8” numbers and letters.

D. Walkway Coating Work: Will begin the last week of January or the beginning of February. Color choices for the coating will be brought to the Board for approval. A darker color was proposed.

 

8. New Business:

            A.  Unit #215 Water Leak: The new owner installed a hot water heater but neglected to solder the plumbing lines so when the illegal tenant took her first shower, water poured out and down into #5. The tenant stated that she would pay for the plumber, so management called for emergency service. Tenant later could not pay, so Association covered this cost and will add it to the foreclosure suit.

B. Unit #215 Illegal Tenant – No approval was received before the young female in unit #215 moved in. There have been loud parties, unsavory characters, trash and beer bottles left or broken on the property, and worried concern from residents. The lawyer is doing all that is legally allowed to get the owner to comply and evict his tenant for breaking the rules.

C. Boundary Survey: Allen Engineering today stated for certain that the $2500 quote for a boundary survey is acceptable to the city of Cocoa Beach for the variance process. David Bryant Engineering is doing the variance paperwork. Joe Walton motioned to approved spending up to $3K for the survey required to request a variance with the city. Pam Morrison seconded, all in favor.

            D. Sensors on Lights: Received a price of “under $200” from Suncraft Electric to place all outside common lights on a sensor that will turn them on at dusk and off at dawn. Board agreed to this cost.

E. Signature Requirements for checks over $1,000.00: Sandy Hunter motioned to require 2 Board signatures on any check over $1,000.00. Joe Walton seconded, all in favor.

 

9. Owner Input

Owners asked about flowers for the entrance. Mrs. Vendetto agreed to purchase three or four flats of impatiens and be reimbursed. Drip lines attached to the sprinklers were also discussed so hand watering does not have to be done.

 

The grass is looking brown in areas. The pest control company will be called about chinch or fertilization needs.

 

The Board members asked about Directors and Officers’ Liability Insurance. The Association has a million dollar policy with a $2500 deductible.

 

10. Set Next Meeting Date

The next meeting will be held on the third Tuesday of February, the 17th, at 7:30 p.m.

 

11. Adjournment

There being no further business, the meeting adjourned at 8:57 p.m.

 

Respectfully Submitted,

 

 

Michelle Dugan, CMCA, AMS, LCAM #17226

Community Association Manager

Reconcilable Differences, Inc.