Minutes for March 17, 2005 Board Meeting

The meeting was held at the Riverview Civic Center.

The meeting was called to order at 7:02 PM by Vice President Rob Fisher.

A quorum of the board was present: Vice President Rob Fisher, Treasurer Julia Ryan, Secretary Clifford Reiss, and At-Large Representative Gary Stecker

Agenda Items:

Five (5) Aberdeen Creek Homeowners signed the Attendance Sheet: 8911, 8919, 8922, 8930, and 9002.

Minutes of the February 12 Special Board Meeting were read and submitted by Clifford Reiss. Motion to approve the minutes as submitted by Rob Fisher, seconded by Julia Ryan, approved unanimously.

Financial report by Julia Ryan:

Motion to approve financial report by Rob Fisher, seconded by Julia Ryan, approved unanimously

The board discussed selection of legal counsel. The Homeowners Association needs legal counsel to assist with rewriting sections of the CC&R to comply with changes in Florida law as well as other matters. Julia has contacted 2 firms:

Doug Brown has contacted a 3’rd firm but in his absence there was no information about this firm.

Pilka is a smaller firm and has a $100 charge for an initial consultation. Bricklemyer is a larger firm; partner rates are $350/hour. It was noted that many legal services do not require a firm’s partner to be involved and should be billed at a lower hourly rate -- we would need to confirm and stay on top of this. We can ask for references of other Homeowner Associations that the firms have represented. Our selection will also be based on the type of relationship we want with our legal counsel. Julia Ryan will try to set up meetings with each of the firms and coordinate schedules with those Board members able to attend.

The board discussed the need for a review the financial records and documents provided to us by the builder Haydon-Rubin Development Inc.and the original Board of Directors (as named in the Articles of Incorporation of Aberdeen Creek Homeowners Association) – Rogers K. Haydon, Jr., Leslie A. Rubin and Judith L. James. Gary Stecker recommended we proceed in a manner that will preserve the integrity of the records and ensure there is no dispute about what we received. A Notary Public cannot assist us and engaging a forensic accountant or a CPA to assist us could cost us over $1,000. A motion was offered by Gary Stecker that the records are to be opened and reviewed by Julia Ryan with the assistance of Tom Martinez as a volunteer from and representative of the homeowners; Tom will also provide dual oversight. Julia and Tom will prepare an inventory of the records. Motion seconded by Clifford Reiss and unanimously approved.

The board discussed quotes from fertilizer firms

The board and homeowners discussed their experience with and general level of satisfaction with BK Turf and Scotts. Motion offered by Gary Stecker to contract with Scotts; seconded by Julia Ryan and unanimously approved.

The Board discussed the CC&R. There have been very few changes to the CC&R’s to date but it was agreed that the homeowners need to be updated on the changes and reminded that they must comply with the provisions of the CC&R. Motion by Rob Fisher to send out addenda to the CC&R to the homeowners; seconded by Julia Ryan and unanimously approved.

The Board discussed the situation with the house at 8912 that is for sale. Association dues are in arrears and fines for not maintaining the lawn are unpaid. The real estate agent has been advised and if the house is sold the title company handling the closing is supposed to contact our Homeowners Association Board Treasurer at which time the title company will be advised that the closing cannot take place until the situation is corrected. It was agreed that Rob Fisher will draft and send to the homeowner both a certified mail and regular mail notice of the violation signed by all the Board Members and a copy of the notice will also to be sent to the Real Estate Agent. The homeowner will have 30 days to respond and correct the violations after which time the Homeowners Association has the right to undertake correction action and charge the costs to the homeowner.

The Board also discussed the vehicle and watercraft parking situation during the past several months. The Board agreed that clarification of the CC&R restrictions in Article VII Section 7 is required – particularly the definition of "temporary" and adding a cumulative provision to prevent abuse of the temporary provision. A motion was offered by Gary Stecker stating: The Board defines temporary parking of vehicles as cited in Article VII Section 7 of the Declaration of Covenants, Conditions and Restrictions of Aberdeen Creek - "Storage of Vehicles, Water Craft, Machinery or Equipment" to mean no more than 3 consecutive days and not to exceed 12 days per year. A day is defined as 8 or more hours in a 24 hour period. A homeowner can petition the Board for relief for special circumstances". Motion seconded by Julia Ryan and unanimously approved. It was agreed to add this clarification of the CC&R to the community notice previously discussed.

It was noted that the prior board had considered creating a Welcome Package for new homeowners that would have included an outline of the CC&R requirements.

Architecture Committee. The Board discussed the number of committee members that would be appropriate and the current list of volunteers. It was noted that there may be a requirement that a committee have an odd number of members and that a majority vote would be required for any actions by the committee. Each committee can self-select a committee chairperson. Motion offered by Julia Ryan to nominate Denise Briggs, Gina Horner and Jose Santiago to the Architectural Committee. Motion seconded by Gary Stecker and unanimously approved.

Fine Committee. Motion offered by Julia Ryan and seconded by Gary Stecker to appoint Matt Boettger, Phil Fernandez and Cari Burns. Motion unanimously approved.

Beautification Committee. The recommended committee members are: Denise Briggs, Christine Russo, Jim Burns and Linda Swindle

Motion offered by Gary Stecker and seconded by Julia Ryan to direct the Architecture and Fine Committee to meet and select committee chairpersons before the next Board meeting. Motion unanimously approved.

Additional business discussed:

Being no further business the meeting was adjourned at 9:30 PM – motion to adjourn offered by Gary Stecker and seconded by Julia Ryan.


Minutes submitted by: Clifford Reiss – Secretary, Aberdeen Creek HOA