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Garrett’s Run Condominium Association 
Minutes of the Annual Meeting
Saturday April 6, 2013
 
Call to Order/Establish Quorum of Owners: President Kathie Heisey called the meeting to order at 10:05 am in the clubhouse at 7900 Greenboro Drive. Board Members present were: Vice President Peter Engel, Treasurer Hattie Martin, Secretary Angelo Laviano and Lucia Kirkpatrick. Directors Al Fassler and David Tarantelli attended by speakerphone.  A quorum was established.  Lynn Hiott, Michelle Davis, and Sarah Davis with Reconcilable Differences were present.  The meeting had been properly noticed and posted. 

Establishment Of A Quorum Of Members For Annual Meeting By Certification Of Proxies:  Lynn reported that we have 17 units in attendance in person and 39 units in attendance by proxy for a total of 56. Thirty four (34) units were needed for a quorum (30%) and this was reached. 

Guest Speakers: Blue Bell was represented by Ricky and he asked the membership if there were any concerns that he could address. A homeowner asked what the schedule was for the fountain behind the 300 building and he stated that the timer was set to run from 9 am to 5 pm. Building 100 stated that there was no water from irrigation at unit 110/111 and that there was a cover missing at unit 702/703. He also stated that at the end of this month, they would complete the annual leaf cleanup. No other concerns were expressed. American inHome care and All Star Animal Control were unable to attend. 

Approval of the Annual Meeting Minutes of April 7, 2012: Angelo made a motion to approve the minutes of the April 7, 2012 Annual Meeting with no changes.  Lucia seconded the motion and it passed unanimously. 

President’s Message: Kathie thanked Management for coming into their 2nd year and was excited as to what was to come. Kathie then updated the membership on the accomplishments of the past year as: 

  • Trees removed from 300 building and replaced with 12 other trees around property
  • Brighthouse Cable Outlet upgrades with digital boxes was completed
  • Reserve study completed which will help with future budgets, copy available in office for checkout.
  • Buildings pressure washed to remove algae/mold
  • Clubhouse is a “Hot Spot” for wireless capabilities, ask manager for password. 
  • Cosmetic bands repaired on buildings 800 & 900 to date. Repaired with Hardy Board to prevent erosion in the future. 
  • Fascia that was rotten was replaced on the clubhouse. 
  • Nine of the 22 storm catch basins were cleaned out to help with water drainage
  • Two concrete swells were added to assist with water drainage
  • Sidewalks were repaired in front of buildings 700, 200 and 400
  • Brevard Electric had to replace 75 feet of wire that was corroded by roots that allowed the pond pump and irrigation to run behind the 300 building. 
  • Oak trees and other trees were trimmed around the property and some were removed that were diseased or threatening the structures. 
  • Building 500 and 700 roofs replaced.
  • New wind mitigation forms were completed, which can be found on the RDI website to assist owners with a lower insurance rate. 
  • End gutters were added to the north and south ends of the 300 building
  • Unit 618 stairwell was repaired for safety
  • Three concrete ramps were cut out and replaced with metal platforms to assist with drainage.
  • AC was replaced in the office and the gym AC was repaired
  • Removal of squirrels, ducks, and many bee hives
  • A motion light was added at the pool in the corner to help with safety
  • Pavers were placed by the recycle bins at several of the dumpsters
  • Common doors were sanded and repainted including the office drop slot, and the bathrooms by the pool. 
  • Acquired 2 units through foreclosure procedures and was able to rent them out for income
  • Highly decorated clubhouse and front office area with Christmas decorations and lights (Thank you Lynn for the beautiful decorations and all the extra time that you spent doing this, can’t wait to see what is in store for the upcoming Christmas holiday decorating… Any volunteers to help with this, please let Lynn or Vance know, all help is appreciated)
Upcoming for 2013
  • Replacing 2 of the irrigation boxes that house the pumps and timers.
  • Received several bids to help with the excessive drainage issues in front of 200, 300 and 900 buildings
  • Received several bids to repair/replace stairwells and then to be painted.
  • Looking into pool paver replacements and the drainage issues to be repaired
  • Purchasing some new pool furniture
  • Purchasing some new gym equipment
  • Painting the racquetball court
  • Panting the front office and back deck of the clubhouse
  • Finish cleaning out the remaining storm drains
  • Removing several more Oak trees that are interfering with our drainage/pavement/and buildings
  • Replacing/sprucing up the landscaping with new hedges, plants, etc. 
  • Placing a pond/fountain in front of the office in the flower bed
  • Replacing the roof of the 600 building
  • Replacing the gutters on all the buildings
  • Replacing/repairing the stairwells with concentration on the 7 unsafe ones first, then more to follow…
  • Acquire more foreclosure units to make available for rental income
A few reminders to the membership: 

Please remember that guest/visitor passes are available on Wednesday only in the office, the old blue passes are expired and you will need to get the bright green ones for guests that stay onsite more than 48 hours and are parked in the visitor sections which are along the north end of the property along Maplewood facing the canal and on the south end of the property along Shadowood facing Greenboro Drive; Also along the east side of the property in front of the pool/clubhouse.  Please remind all your family and friends (including contractors) to not park in front of any of the buildings are they will risk their vehicle being towed by Kendal. The ONLY exception to this rule is Handicapped parking, which may park anywhere in front of the buildings without a decal, however the handicap signage MUST be in clear view at all times the vehicle is parked here (Mirror hanger, front/back of the car on the license plate). This will not be considered clear view if the handicap hanger is laying on the seat or in the glove box)

If you have a dog, please remember to keep them on a leash, walk them on the outskirts of the property and CLEAN UP THEIR MESS. If you allow your children to take this responsibility, please watch and make sure they clean up their messes. Not only is this unsafe for others but pretty disgusting to step in and track all over the place. 

Remember there is a “Bulk area” for anything that cannot fit into the dumpster and shouldn’t be forced to fit into the dumpster. The Bulk area is where Shadowood and Maplewood meet by the 100/400 buildings. We are finding more items dropped at other dumpsters and our management has eyes and if we find evidence that an owner/tenant did not follow this rule, we are now billing the unit who will be held responsible for the area to be cleaned up. 

Insurance in your unit, (HO6 or renters insurance) although the assoc has a master policy, this does not cover you or help you if you have a water loss and the damage it will do to your unit and others… Please look into this and get insurance, it is not unreasonably priced. If you rent your unit, please put it in your lease that the tenant MUST carry renters insurance to help protect yourself and others from damages… 

If you are a resident that seems to have noisy barking dogs that you have to listen to and after attempting to express this undesired to the owner of the barking dogs and with no avail, there is a new item out in the market that is GREAT. It’s called an Indoor/outdoor ultrasonic egg Barking device; it is made from Sunbeam and can be found at Pet smart or online. The cost is $39.99 and you can place this outside your door or on your patio/balcony and it does amazing things. It hurts the barking dog’s ears and they will stop barking… I know that it is not YOUR responsibility to spend money on someone else’s problem, but management cannot police the barking dogs 24 hours a day. Letters can be written but usually it will not make the complainant happy until the dog stops barking. So if you would like to have the quiet harmony, please look into this item. Lynn will have the paperwork to show anyone, but if other owners used this device then the barking would not occur as frequently and everyone would be happy. Humans cannot hear the ultrasonic waves… They do offer a money back guarantee, so what do you have to lose except gaining peace and enjoyment. 

Lastly, Management is here Tuesday and Wednesday, however the office is only OPEN on Wednesday from the posted times of 9 am to 3 pm. Lynn stays many extra hours to get her work done and she needs to be leaving at her designated time. However she cannot do this if residents come into the office on Tuesday’s. Lynn does not have to be here every Tuesday, as this day is designated to write letters, meet with venders, and most importantly to complete the tasks of bookkeeping. Lynn already posts her cell phone number and takes calls at all hours of the night and day, please refrain from going into the office any other times except what is posted. 

Financial Report: Treasurer Hattie Martin reported that as of December 31st, the Operating account had $61,089.27 and the Reserves at Sunrise Bank and FBC had $235,105.13 Hattie reported that the end of the year past due accounts totatled $103,441.78 with $59,270.46 allowance, leaving $44,171.32 as AR (Breakdown of three units owing $6,157 for water damages, two units under current foreclosure owing $11,432, two units the bank completing their foreclosure and taking title owing $35,591 and the association having title to 4 units which all being currently rented owing $46,642 and we have coming in of $2200 in rental income).

Owner Input:
Owner commended the Board for an outstanding job this past year and to management and maintenance man for a wonderful job being done to keep the place looking great. 

Discussion was brought forward about the amendments that were up for vote. Members stated that they were confused on what they were voting on and the Board said that there has been numerous meetings to discuss the amendments and was always available to any owner that may have questions or concerns. 

Results of Amendment votes were: 
1. The Board of Directors of the Garrett’s Run Condominium Association, Inc., proposes to amend Section 7.6 of the Declaration to read as follows:

 Section 7.6. Leasing APARTMENT UNITS.  In order to maintain a Community of congenial residents, protect property values, and promote marketability of APARTMENT UNITS within the Garrett’s Run Condominium, apartment leasing shall be restricted to twenty percent (20%) of the total number (120) of APARTMENT UNITS comprising Garrett’s Run Condominium.  Henceforth, APARTMENT UNIT owners desiring to lease their APARTMENT UNIT, but prohibited from doing so due to the twenty percent (20%) leasing restriction, can request to be placed on a leasing waiting list.  Priority for determining which APARTMENT UNIT owner will be next permitted to lease his / her APARTMENT UNIT, at such time as less than twenty percent (20%) of the APARTMENT UNITS are occupied by renters, shall be determined solely by the leasing waiting list, on a first come, first serve basis.  The twenty percent (20%) leasing restriction shall not apply to those who are APARTMENT UNIT owners at the time this leasing Amendment is approved who do not vote in favor of its passage.  This exclusion, however, terminates once the current owner sells or otherwise transfers title to his / her APARTMENT UNIT.  This restriction on leasing has been adopted to address the requirement of the Federal Housing Authority (hereinafter referred to as “FHA”) that FHA purchase money mortgages are not available for approval unless minimum owner occupancy requirements are met.  Leasing shall be defined as regular, exclusive occupancy of an APARTMENT UNIT by any person or persons other than the owner for a period of greater than thirty (30) days.  The intent of this provision is to absolve the Association of the unreasonable burden of providing proof to a court of law that a formal leasing arrangement exists between an APARTMENT UNIT owner and an occupant.

 No lease shall have a term of less than seven (7) twelve (12) months.  No rooms may be rented and no transient tenants shall be accommodated in any APARTMENT UNIT, nor shall any lease of an APARTMENT release or discharge the owner thereof of compliance with any of his obligations and duties as an APARTMENT UNIT owner.  All of the provisions of the Declaration of Condominium, Articles of 
 

Incorporation, Bylaws, and Rules and Regulations of the ASSOCIATION pertaining to use and occupancy shall be applicable and enforceable against any person occupying an APARTMENT UNIT as a tenant to the same extent as against an APARTMENT UNIT owner, and a covenant upon the part of each such tenant to abide by the Rules and Regulations of the ASSOCIATION, and the terms and provisions of the Declaration of Condominium, Articles of Incorporation and Bylaws and designating the ASSOCIATION as the APARTMENT UNIT owner’s agent for the purpose of and with the authority to terminate any such lease agreement in the event of violations by the tenant of such covenant, shall be an essential element of any such lease or tenancy agreement, whether specifically expressed in such agreement or not.  For purposes of the foregoing authority to terminate lease agreements for violations, the ASSOCIATION is made the APARTMENT UNIT owner’s irrevocable agent for purposes of prosecuting an action for eviction under Florida’s Residential Landlord Tenant Act.  

 Amendment 1 had 39 Votes received for yes and 20 votes received for no. Needed a 30% vote to pass, and did receive the correct votes. Amendment 1 passed. 
 

2. The Board of Directors of the Garrett’s Run Condominium Association, Inc., proposes to amend Section 8.5 of the Declaration to read as follows:

8.5 Unauthorized Transactions.

Any sale, gift or lease not authorized pursuant to the terms of this Declaration shall be void unless subsequently approved by the ASSOCIATION, subject to the provisions of paragraph 8.6 hereof.  No individual or entity shall own more than two APARTMENT UNITS in Garrett’s Run at any given time.

Amendment #2 Vote had 45 votes received for yes and 15 votes received for no. Needed a 30% vote to pass and this did receive the correct votes to pass Amendment 2. 

3. The Board of Directors of the Garrett’s Run Condominium Association, Inc., proposes to materially alter the Common Elements by removing the sauna and converting it to a storage area for Association maintenance equipment.  

Pursuant to 3.4(a) of the Declaration, seventy-five percent (75%) of the total voting interests excluding those who have had their voting rights suspended due to delinquencies in excess of ninety (90) days must authorize any material alteration.  Vote yes if you are in favor of the material alteration or no if you are not in favor of the alteration.  

Amendment #3 Vote had 53 votes received for yes and 7 votes received for no. Needed a 75% vote to pass and this did not receive the correct votes to pass Amendment 3. The Board will have 90 days to receive the correct amount of votes to pass this amendment.  

Presentation of 2012-2013 Board Members:  Since only seven candidates submitted their names as a candidate for the seven vacant seats up for elections, there was no election. Lynn introduced the new Board in alphabetical order:    Peter Engel, Alfred Fassler, Kathryn Heisey, Lucia Kirkpatrick, Angelo Laviano, Hattie Martin, and David Tarantelli. 

Adjournment: With no further business to be conducted, Al made a motion to adjourn the meeting, Peter seconded the motion and it passed unanimously. The meeting adjourned at 11:05 a.m. 

Refreshments were donated by Reconcilable Differences. 
 
Respectfully Submitted,
  
Lynn Hiott, CAM #35322 
Reconcilable Differences, Inc.