Bayside LakesCommercialCenter Property Owners’ Association

C/o Fairway Management

1331 Bedford Dr., Suite 103

Melbourne, FL32940

Board of Directors

Meeting Minutes

Monday, December 8, 2008

6:30 P.M., Community Clubhouse

2051 Bramblewood Circle, SE

Palm Bay, FL32909

Directors Present:

Melody Hamant

Bonnie Kougher

Nancy Cartwright

Paula Widener

Julie Tabele

Kimberly Turner

Joannie Perry

Catherine Fariz

  1. Call to Order- By President, Bonnie Kougher, at 6:30 P.M. with a quorum of 8/10 Directors present.
  2. Notice was provided to Members by 1st class mail 14 days in advance of meeting. Notice was also posted on clubhouse door 14 days in advance.
  3. Parliamentary rules were explained to the Directors and Members present.
  4. A motion was made by Catherine Fariz and 2nd by Nancy Cart to waive the reading of the minutes from October 22, 2008, and approved as submitted. No discussion, motion carried unanimously.
  5. Financial Report
  6. Fairway presented the monthly financial reports to the members. Fairway reported that the accounts receivable has gone from 363K on September 1, 2008, to 161K as of today. 63K of that was from the settlement of the lot 14 & 14.1 past due accounts.
  7. Collection process- In having all past due accounts with Taylor & Carls, P.A. for formal collection, owners have received a 45 day notice of lien on past due accounts. Fairway has fielded a lot of calls from owners claiming they never received a bill for any of the past due amounts. In investigating files from ERA Showcase, no invoices could be found to refute their claim. The Association is currently waiving the initial legal fees if the account is brought up to date. Some of the past due accounts are for the 2008 assessments and others are from the 2008 Special Assessment. The A/R for the 2008 special assessment is about 70K as of today. It was asked at what point should the Association begin suspending rights, as authorized in the Declaration, for owners’ failing to pay assessments. Kimberly Turner expressed concern over the tone of the letter from the attorney and that the letter had also included the 2009 assessment. Fairway reported that they were not aware that Taylor & Carls were gong to include the 2009 estimated assessments and had asked them not to do that in the future. They have been instructed, at this point, to only lien for non-payment of the 2008 assessments. It was asked if the Association has any recourse against ERA, as we have minutes reading that they had in fact done the collection work that it turns out they hadn’t. Fairway advised that any Member can file a complaint with the Division of Business & Professional Regulation, through myflorida.com. Julie asked if we were checking the tax records for correct mailing addresses. Fairway confirmed that they check the Brevard County Property Appraiser’s website if a piece of mail is returned undeliverable. Paula Widener asked if, with the AR being so high in C-1 was it being taken into consideration in the 2009 budget as no bad debt had been added, or was Fairway confident the money would be collected. Fairway said they believe, since the process for formal collection has started that the cash on hand will cover the bad debt. Joannie Perry reported an error to Jim Kenney that the $1,946 shown in arrears for Forest Glenn should be a credit. Jim will have the bookkeeper correct the account. There is money in suspense accounts on the balance sheet, as the records turned over from ERA show some deposits with no explanation as to who made them or where they should be applied. Motion made by Catherine Fariz and 2nd by Nancy Cart to accept the financial Reports, motion carried unanimously.
  8. Management Report (Attached written report)- The following were additions and/or motions made during Management Report:
  9. Security – A motion was made by Melody Hamant and 2nd by Joannie Perry to approve Detect Alert as the contractor for the installation of the camera system at the guard house. Motion carried unanimously after short discussion on the three proposals. Joannie Perry asked, that when the transition is made, that the residents be made aware by posted signs to begin using the entry system call box for visitor access. Fairway will be working with the 4 subdivisions to update and collect all the information needed to make the entry system operational.
  10. Signage- Many commercial owners were give notices that the temporary signs they had put up needed to be removed and that all future signs had to be approved by the POA in advance. Two owners, the Junction and Kim’s Salon, have applied for permission. The Junction is asking to be able to use the banner they had purchased, after being told by KEW, LLC they could use it, for 30 days. A motion was made by Paula Widener and 2nd by Nancy Cartwright to approve The Junction’s request. Discussion- Kimberly Turner said it is very important that we help the businesses in the commercial center as much as possible during the economic crisis we are in. Julie Tabele also expressed concern over the retail business needing to be able to advertise and capture attention. Motion carried unanimously. A motion was made by Melody Hamant and 2nd by Paula Widener to deny the request of the 20 ft balloon by Kim’s Salon. Discussion- Directors expressed concern that the Balloon was not conducive to the signage in the commercial center and that it was in the same location as The Junction. Motion carried to deny request 6-2 (J.Tablele and K. Turner opposing). Fairway will notify owners.
  11. A motion was made by Catherine Fariz and 2nd by Melody Hamant to accept the bid from Intercoastal Pools on the installation of the automatic pool chlorinator. Bids had been sent to all Board Members well in advance of the meeting. No discussion, motion carried unanimously.
  12. A motion was made by Catherine Fariz and 2nd by Melody Hamant to accept the bid from United Irrigation for a new motor, with one year warranty, to replace the one on pump #4. Bids had been sent to all Board Members well in advance, no discussion, motion carried unanimously.
  13. A motion was made by Catherine Fariz and 2nd by Melody Hamant to approve the bid by Mike’s Pressure washing for cleaning of the clubhouse, guard shack, and pool area. No discussion, motion carried unanimously.
  14. Old Business
  15. Tennis Activity- Melody asked the Board to clarify the requirement for insurance on events at the Bayside facilities. The POA insurance carrier had reported that a blanket policy was available, that charged by the participant, number of volunteers, etc, for the POA to purchase. Fairway asked the Board why the POA would carry the insurance burden for organizations asking for exclusive us of Bayside amenities. Why not put the burden on the organizations. Paula Widener, with assistance from Joannie Perry will help coordinate events at the facilities. All organizations will have to show proper coverage for the event they want to hold at the Bayside facilities. All events must still meet the requirements of the Declaration and be for the enjoyment of the residents of BaysideLakes. Cynthia Radcliff apologized to the Board for the confusion over an event that was scheduled while she was away. She had informed the organization of the Board’s policy, but they did not follow the procedure. Catherine expressed concern over what kind of background checks are done with volunteers that are supervising children. BaysideLakes policy, as with all amenities, is that all minors are to be supervised by a responsible adult. In other words, parents are not to just drop off children for these events, they must stay with their child.
  16. 2009 Budget (attached)- Each Director was sent a copy of the revisions made to the 2009 budget in light of the settlement cash received from lots 14 & 14.1 Jim Kenney explained that 63K of the settlement belonged to budget area AB, as past due assessments, and was credited as cash forward for 2009. The remaining money from the settlement was from interest, late fees, and legal fee reimbursement and was divided among the 4 2009 budget areas based on a percentage formula. The formula used the same percentage of overall income for each budget area to assign the cash on hand from AR collection. A discussion was held for clarification of some line items. A motion was made by Paula Widener and 2nd by Nancy Cartwright to approve the 2009 revised budget. No further discussion, motion carried unanimously.
  17. New Business
  18. Architectural Review Committee (ARC) election by Board of Directors.
  19. The Board nominated the following to be members of the ARC: Sara Bernin, John Soileau, Kimberly Turner, Michelle Cohron, David Cannon, Kimberly Turner, Jim Kenney, and Rick Whitman.
  20. A motion was made by Paula Widener and 2nd by Catherine Fariz to appoint all listed nominations to the ARC. No discussion, motion carried unanimously.
  21. A motion was made by Melody Hamant and 2nd by Paula Widener to appoint Sara Bernin as Chair of the ARC. Discussion- Kimberly Turner said maybe some of the other members would like to chair the committee and maybe they should elect their own chair. Melody amended her motion, with approval from the 2nd, to have Sara Bernin appointed as Interim Chair until the Committee could formally meet and choose their permanent Chair. No further discussion, motion carried unanimously.
  22. Fairway Management will notify all of the City of Palm Bay offices that need to know that the ARC approvals need to be directed, through Fairway, to this Committee. KEW, LLC has been notified by Taylor & Carls, P.A. that they are no longer a part of the ARC and that they are to turn over all records to the Association.
  23. Clubhouse rentals- A motion was made by Catherine Fariz and 2nd by Melody Hamant to amend the rental agreement for the RV area to change the insurance requirement to “or an Certificate of Insurance issued to Bayside Lakes CCPOA” added to the current language “an additional insured”. Discussion- Rick Whitman has run into insurance carriers will not issues owners insurance with the POA as an additional insured. Motion Carried unanimously.
  24. Clubhouse Rental Policy- was tabled by motion (Nancy Cartwright 2nd by Melody Hamant) until January meeting. Rick Whitman asked that all Directors read the proposal and be ready to discuss at next meeting.
  25. Carpet replacement- Catherine Fariz and Kimberly Turner have volunteered to assist in the selection of the carpet.
  26. Open Forum
  27. Paula Widener asked that the Board move the due date of the 2009 assessments since the POA now has cash on hand and can wait until the subdivisions have had enough time to collect their assessments. A motion was made by Paula Widener and 2nd by Catherine Fariz to make the POA 2009 assessments due February 1, 2009 and late 30 days after. No further discussion, motion carried unanimously.
  28. Catherine Fariz asked if the sidewalk could be finished on the lot between Publix and Pineapple Cove (Lot 1). She understands that lot is considered unbuildable, which means no side walk will ever be put in. Fairway will investigate and get estimates for continuing the side walk.
  29. Next Meeting Date- Meetings will return to the standing date of the 4th Wednesday of each month at 6:30 PM, same location.
  30. Meeting adjourned at 9:30 P.M.

Minutes Prepared by:

Jim Kenney, LCAM

Fairway Management of Brevard

December 9, 2008