The meeting was held at the Riverview Civic Center and called to order at 7:08 PM by President Rob Fisher. President Fisher advised that Roberts Rules of Order would be followed during the meeting.

Four board members were present: Rob Fisher President, Julia Ryan Treasurer, Clifford Reiss Secretary, Richard Cochran At-Large Representative. A quorum of the Board was present.

Seven (7) Aberdeen Creek Owners were represented as evidenced by their entries on the sign-in sheet: 8805, 8914, 8915, 8917, 8930, 8937, and 8939.

Meeting Agenda prepared by Rob Fisher:

• Previous meeting minutes
• Treasurers Report
• Violations and resolution of violations
• Sprinkler System
• Open ACC items
• No Solicitor/Trespassing sign
• Modifications to the CC&R’s
• Training Sessions with lawyer
• Management Companies letter
• Review budget for next year
• New Items

The minutes of the August 18, 2005 meeting were posted on the Aberdeen Creek Homeowners Association web site (www.aberdeencreekfl.com) for review by the Board members prior to the meeting. Motion to approve the minutes as written offered by Julia Ryan, seconded by Richard Cochran, approved unanimously.

Treasurer’s report by Julia Ryan – a copy of the Financials is attached to these minutes:

• Balance at the end of July $18,172.02
• Expenses year to date $10,763.41

Motion to accept the Treasurer’s report offered by Clifford Reiss, seconded by Richard Cochran, unanimously approved.

Violations recorded during 2005 were reviewed to determine if further action is required:

• 8803 – Owner is working to correct previous violation; no action required
• 8804 – Owner has taken no action to correct violation; issue fine letter
• 8806 – Owner is working to correct previous violation; no action required
• 8810 – Owner has done excellent job replacing grass in the front yard and improving the beds; however a water softener is visible from the street and a rear deck may have been added without ACC approval. A violation letter is to be issued suggesting alternatives for the water softener; investigation of the possible deck addition will also require notice that the Owner must submit an ACC request
• 8902 – Owner has replaced grass in the front yard; no action required
• 8903 – Owner has complied and trailer has been removed
• 8906 – new Owner has improved the grass but there is some grass in the beds. Owners are new so issue a first violation letter (and include the ACC guidelines). Also advise that an ACC request must be submitted for the change to / addition of the rear fence
• 8913 – compliance with first violation notice was discussed – Owner has taken action including removal of the wire fence in the backyard but neighbors advise that improvements to date are not sufficient to return the Lot to compliance with the standards in the CC&R’s – specifically returning the property to "like new" condition and keeping growth "trimmed back" to like new condition. The Board discussed how to provide more explicit instructions for correction of violations to avoid differences of opinion between an Owner and the Board over what changes are required to correct a violation. The ACC guidelines document will be used to establish guidelines. For this property a violation letter with a copy of the guidelines will be issued – no fine letter at this time.
• 8916 – new Owners. Grass replaced by previous owner is dying; new owners need to be advised of CC&R compliance requirements with a first violation letter and reference the CC&R’s available on the web site.
• 8922 – Owner is working to correct previous violation, no action required
• 8928 – three (3) complaints have been received on dog droppings; a violation letter is to be issued
• 8938 – the Board discussed what action should be taken in response to a complaint that this Owner’s dog was running free and knocked down a neighbor. The Board determined that this is a civil matter that should be addressed by the local authorities or through the court system. However the Owner has previously been issued a violation letter regarding the number of animals (the limit is 4) and animals running loose. A fine letter is to be issued on both violations. The letter should also request completion and resubmission of an ACC request form for the landscaping and ask for an ACC request for the mailbox modification.
• 8940 - Owner is working to correct previous violation, no action required. The Board also agreed that an ACC request form was not required for work done by the Owner
• 8945 – Owner has worked on correcting violations but work is incomplete. Owner has been responsive to violation notices - issue a 2’nd violation notice that acknowledges progress to date; no fine at this time.
• 9006 – Owner is complying with request to not park vehicle overnight on the street

New violations discussed:

• 8904 – sidewalk is broken; issue a first violation letter
• 8801 – truck parked in the street restricts access and is a hazard. Issue letter acknowledging the difficult parking situation and recommending vehicles be parked further up the street (at the "teardrop").

The ACC committee will provide a list of all changes and improvements approved to date by the ACC as well as a list of identified changes or improvements that may violate the CC&R’s and/or for which approval has not been requested or granted. This will provide a complete history on which to base future Board action. Rob Fisher will request a legal opinion on the ACC’s use of digital photographs taken last year to establish a baseline for identifying changes that would require ACC approval.

The ACC Guidelines established last year are attached and incorporated into these minutes to make them a part of the official records of the Association. The Guidelines will also be added to the New Homeowner package

Richard Cochran reported that John Pollack has completed repairs to the sprinkler system. Clifford Reiss will endeavor to double-check on the sprinkler timer settings and for proper operation of the sprinklers. Richard noted that John has completed the work but did not submit a proposal and estimate of expense and has not yet submitted a bill for the work despite several requests.

President Rob Fisher described action underway to modify the CC&R’s. The first proposed change will require that any residence built on a Lot must be at least 2,000 square feet of air conditioned space with at least a 2-car garage. This will ensure that any additional construction in the subdivision is consistent with the existing homes. The second proposed change will correct the CC&R to substantially reduce the county fee for recording CC&R changes. The CC&R today states that change requires a "written instrument" signed by the Owners – according to legal advice given to the Board each Owner would have to sign an individual form when voting on a proposed change and each and every individual form would have to be submitted and filed with the county at a cost of $10 per page. The proposed amendment would not change the requirement for a 2/3 vote to approve CC&R changes, but would permit recording of the vote and entry of that vote into the minutes – once the minutes are accepted by the Board only the amendment and minutes would need to be filed with the county. The Board anticipates that voting on these amendments will take place at the annual meeting in November – appropriate notice to the community will be required in advance of the meeting.

Amendments to the CC&R approved last year have not been filed with the county even though they were given to the lawyer engaged by the previous Board for that purpose. The Board does not have a copy of these amendments or the Owners signatures approving the amendments. The previous lawyer, Lassman, will be contacted and asked to return the originals and/or copies

Richard Cochran advised that he has contacted a vendor for a quote on creating a "No Soliciting / No Trespassing" sign in the same style as the current subdivision sign. The Board approved a motion offered by Julia Ryan and seconded by Clifford Reiss to authorize Richard to spend up to $300 without further approval to purchase a sign.

The lawyer training session did not take place on September 13 and has been rescheduled for October 18. The cost is estimated at $250; the Association will only be charged for 1 hour of time excluding any travel time.

The Board continued last month’s discussion of research into Management Companies. President Rob Fisher has spoken with two (2) more firms – Kings Realty and Sterling Management. He noted that if further research of a management company was to be pursued Sterling offered the best services. Sterling Management has said they would provide the following services: attending all meetings, enforcing Roberts Rules of Order, facilitating meetings, finding and working with vendors, handling violations, negotiating contracts, working with our lawyer, providing the capacity to collect dues on other than an annual basis, paying bills, providing monthly statements, and most important ensuring the Association is in compliance with current Rules and Regulations of the State of Florida. There was lively discussion around the value added versus cost of contracting with a management company – issues raised and discussed included:

• Sterling’s’ quote of $650 per month is based on the size of the community;
• If the annual dues are maintained at $390 the Association would use a portion of the reserve to fund the cost of a Management company. There was concern but no discussion as to what is an appropriate reserve balance;
• Management companies are required to be licensed and state regulated;
• The combined workload on the Board is estimated at 100 hours per month; Board members must spend a great deal of personal time on administrative matters that take away from the time available to actually run the Board;
• The Association could rely on the management company to not only provide the services listed above that are required by our CC&R’s, but to also make sure the Association complies with all new laws and regulations;
• It may be easier to attract new Board members if the workload is reduced and handled by a management company;
• A contract would normally run for a calendar year, so a decision for 2006 should be made soon;
• The use of a management company would give the Association someone to turn to for answers to questions on how the Association is required to conduct it’s affairs;
• The board would still oversee activities within the community and review all activities of the management company;
• The Board is mindful of it’s obligation to act at the direction of the community and has asked for the community’s input on this matter – however as elected representatives of the community the Board does have the authority to make decisions on behalf of the Association that are determined to be in the best interests of the community.

Due to the closing of the Community Center at 9PM a motion to adjourn the meeting, prior to finishing the agenda, was offered by Julia Ryan at 9:05PM, seconded by Richard Cochran, and unanimously approved.

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

Attachments:

• August, 2005 Financials
• ACC Guidelines