Minutes of the Bay Indies Homeowners Association, Inc.
Board of Directors' Meeting
October 21, 2017
The meeting was called to order at 10AM by president George Alexander
Present: Carl Kruse, Joan Sass, Veronica Wasserman, John McCall, Sue Kekel, Tony Tremonto and George Alexander
Absent: None
Approval of Minutes
A motion was made by Joan Sass and seconded by Veronica Wasserman to approve the April 14, 2017 Board of Directors Meeting and the April 28, 2017 Special Board of Directors Meeting. Motion passed unanimously.
Treasurer's Report – Carl Kruse
Carl presented a brief financial report. The last treasurer's report was given in March of 2017. Today's report includes all transactions taking place from April 1, 2017 through September 30, 2017. Carl gave specifics as to account balances and the like and stated that the Board had reviewed the report.
Approval of Treasurer's Report
A motion was made by Carl Kruse and seconded by Sue Kekel to approve the April 1, 2017 through September 30, 2017 treasurer's report. Motion passed unanimously.
Correspondence
There was no correspondence to report on.
Committee Reports
Service Committee – Joan Sass
Joan reported that the committee meets monthly with the park manager and the maintenance manager and goes over all issues pertaining to common areas in the park. The committee also meets quarterly with the ELS Regional Manager and has been able to bring problems directly to his attention. It was reported that 32 lights throughout the park were still not working. Joan encouraged all residents to report any problems they see at the park through the process of an RCF, or Resident Concern Form. If you want HOA to follow-upplace an Office signed copy into the HOA box located outside of the Sales Office doors. She also reminded all present that a full Service Committee report is included monthly in the Bay Indian.
Membership Committee – Veronica Wasserman
The membership committee members, including Veronica Wasserman, Carl Kruse and John McCall thanked all residents who have paid their dues and become HOA members. You have made a commitment to support our mission which is to be your only legal representative with management. Spread the word among friends and neighbors of how important resident support is to the HOA. Membership forms are available in the Bay Indian, on the web site and through emails.
Web Site – Sue Kekel
Sue reminded those present that the email and waiver files were still incomplete and asked that any residents present who did not have an email or waiver on file with the HOA see her after the meeting to update this information.
Old Business
The community manager and the activities director were unavailable to attend this meeting.
New Business
Nomination of Michelle Erb to be appointed to the Board – Joan Sass
A motion was made by Joan Sass and seconded by Veronica Wasserman to appoint Michelle Erb to the Board. The motion passed unanimously.
Resignation of John Milne – Veronica Wasserman
A motion was made by Veronica Wasserman and seconded by John McCall to accept the resignation of John Milne from the Board. Motion passed unanimously. President George Alexander went on to thank John for his past and present service to the Board and to offer condolences to John and his family on the passing of their son.
Mediation Update – Joan Sass
The status of the Board's mediation with ELS was discussed, including the topics of short term rentals, arbitrary rule changes and changes in the community prospectus without the proper procedures in place. At this point the attorneys are still meeting and are planning another meeting in November. If no settlement can be reached then the next step is to go to court. George Alexander went on to explain that the mediation was started in November of 2016 and has been a long and ongoing process. The HOA cannot give details because it is still in progress and could take another three or four months to resolve.
Tangible Property Exemption – George Alexander
The HOA has contacted Representative Gonlzales about the possibility of the State raising the property tangible tax exemption from $25,000. to $50.000 for homeowners who do not own the land. At this point we have not received a response from the Representative or his office.
Pass Thru Tax – George Alexander
ELS pays their portion of the property taxes on the Bay Indies property and then the homeowner's portion is divided between all of the lots in the park. For 2018 the homeowners will each pay $63.55 per month. The HOA has checked this amount and found it to be accurate.
2018 Rent Reviews / Findings / Statutory Meeting – George Alexander
Rent increase notices have been sent to all residents. The HOA has checked each rent increase and found 171 which are questionable. The statutory meeting between management and the negotiations committee will take place within the next week. ELS has all of our questions and these will be discussed at this meeting.
The next scheduled HOA meetings are as follows:
Board Workshop – November 3, 2017 at 10AM in room B3 at Bay House
Board Meeting – November 10, 2017 at 1:30PM in the Arts and Crafts Room at Bay House
Residents To Address the Board
Judy Anderson – 455 Zacapa
Ms. Anderson brought up the condition of the bike path and the overgrown drainage ditches surrounding the property. These areas have not been properly mowed and have become prime habitats for many animals. Areas of the drainage ditch actually seem to need dredging. The regional manager assured the Service Committee that these areas would be taken care of. Many areas are still overgrown. The topic will again be brought up at November meeting with the regional manager.
Ken Brock – 938 Sand Cay W
Mr. Brock is one of the residents attempting to get ELS to create a dog park at Bay Indies. Joan Sass stated that the Bay Indies Prospectus does not include a dog park. It does specify that the entire park is dog friendly. Joan went on to say that ELS will not do a dog park. This would require a change to the property prospectus which they will not agree to. Veronica Wasserman commented that changes to the prospectus can only be initiated by ELS. It is their choice to do so. It was apparent that there were many opinions for and against this idea. The question of who would take care of the area did come up. Mr. Brock was hopeful that those who use the park would be responsible enough to keep it clean but most in attendance were skeptical as to whether this would happen. It was understood from the discussion that the homeowners in favor of a dog park would continue to work towards creating one but that the HOA could not get involved because they were involved in 2011 and had to sign off on it when the compromise was met by instituting a registration for all pets. At the time ELS felt the maintenance would be problematic, and the lack of an area that was not near resident homes. Many residents were also opposed.
Jerry Bowling – 432 Zacapa
Mr. Bowling brought up the subject of rats in the park and possible damage to vehicles. It was discussed that this is an ongoing problem throughout the park as well as throughout the entire city of Venice. Veronica Wasserman commented that perhaps this problem is being exacerbated by all of the development going on in the area. At any rate, the problem of the rats and pests in general is the responsibility of the individual homeowners. ELS takes care of the problem in the common areas, the individual homes are the responsibility of the homeowners. Wayne Richardson also commented that the greenway areas at the back of the park are common areas but that ELS has done nothing to stop the rats, snakes and other critters from being there.
Karen Genner – 446 Andros
Ms. Genner brought up the problem of the kayaks near the back waterfront area of the park. An attempt has been made to register the kayaks that are there but many are still littering the wooded areas, having been swept there by Hurricane Irma. Joan suggested another RCF outlining this problem. She state that the HOA and the service committee does try and address these issues but that the maintenance department is responsible for this.
Darr Wash – 1170 Kingston Way
Ms. Wash wondered whether rent increases would ever stop. The HOA has no idea about this but was able to negotiate a $30.00 per month increase per month for a three year period. ELS originally wanted a $50.00 to $60.00 increase but did negotiate with the HOA, even though they have no legal obligation to do so.
Sandy – Questa E
Sandy began her comments by crediting the HOA as looking out for the interests of the residents. She went on to complain that management would not allow her to replace her front lawn with rock. Michelle Erbsaid that her neighbors recently rocked their front yard and the process they followed was a permit form from the Office before doing this. Sandy said that Mary, the compliance officer, told he she could not do it,
The meeting was adjourned at 11:08 AM.
Respectfully submitted,
Fred Ceruti
Recording Secretary
Joan Sass Secretary