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Minutes for the Board of Directors of
Bayberry Lakes Homeowners Association, Inc.
September 26, 2013
The board meeting was called to order at 7:02pm. Approximately fifteen (15) residents were in
attendance. The Board of Directors met with the homeowners. Quorum was determined and
business was conducted. Jennifer Caron arrived at 7:13pm during the FWC presentation. All
seven (7) Board members were present. Present were: Bill Kamer, Jim Powers, Jennifer Caron,
John Williams, Kathleen Ridall, Sabrina Zahnen, Adam Tominsky, and Heather/Landon Wells
(association managers).
Presentations were made by Cathy Connelly of the Florida Fish and Wildlife Commission about
Black Bears and Officer Nick Fiore of the Daytona Beach Police Department. Both presenters
answered questions from the members.
Regular business meeting items began at 8:12pm.
The minutes for the August 26, 2013 meeting were read. Bill Kamer asked for a motion to delete
two sections of the minutes. The first deletion was from paragraph four (4), “Then Secretary,
Brenda Hines, took over the duties of the Treasurer until August 7, 2013”. The second deletion
was from paragraph five (5), “Treasurer”. Adam Tominsky made a motion and Jim Powers
seconded it. The motion passed unanimously and the minutes were accepted.
Jim Powers briefed on the financial report. The balance in checking is $92,579.55, which
includes $2163.00 special assessments. The balance in reserve is $14,816. The current
outstanding in assessments is $62,213.79. Bill Kamer asked for a motion to approve the financial
report. Kathleen Ridall made a motion and Adam Tominsky seconded it. The motion passed
unanimously and the financial report was approved.
Violations were discussed. Several homeowners are in violation of CCRs for not maintaining
their yard. Many violators who receive a certified letter informing them of the violation are now
in compliance of the CCRs.
Legal updates for homes that are delinquent on assessments were discussed. Bill Kamer asked
for a motion to move forward with all legal aspects on the homes delinquent that were dated for
September 9, 2013. Jim Powers made a motion and Adam Tominsky seconded it. The motion
was passed unanimously.
The Board discussed homeowners who are delinquent on all assessments having their voting
rights and amenity privileges. Homeowners who were delinquent in an amount less than $150.00
that did not pay their delinquent assessments by this meeting dated September 26, 2013, will
have their voting rights and amenity privileges suspended. Bill Kamer asked for a motion to
suspend voting rights and amenity privileges for homeowners who are delinquent in the amount
of $150.00 or less. Jim Powers made a motion to suspend six (6) homeowners, labeled 34
through 39 and John Williams seconded it. The motion passed unanimously.
Landon Wells looked into getting a Wi-Fi hotspot added to the Brighthouse account at the
clubhouse as discussed during the last meeting. It was determined Brighhouse can add a hotspot
location to the clubhouse, free of charge. Brighthouse will supply and maintain the equipment.
There would be no liabilities to the HOA. Brighthouse subscribers will be able to log into the
Brighthouse hotspot free of charge based on their account. Brighthouse also offers the use of
their hotspot services for non-subscribers for a daily fee. Bill Kamer asked for a motion to add a
hotspot to the current Brighthouse account, free of charge, at the clubhouse. Jim Powers made a
motion and Kathleen Ridall seconded it. The motion passed unanimously.
The janitorial contract was discussed. The contract ends in December 2013. The Board will come
up with a new scope of duties which will include outside cleaning and possibly pressure
washing. The new scope of duties will be completed by the next meeting. Once there is a new
scope of duties, Heather and Landon Wells will accept bidding on the new contract. Bill Kamer
asked for a motion to table the new scope of duties for the janitorial contract until October 24,
2013. Jim Powers made a motion and Adam Tominsky seconded it. The motion passed
unanimously.
Clubhouse reservations were discussed. The Board discussed charging a $25.00 fee to use the
clubhouse after two (2) free uses first, each year. Bill Kamer asked the homeowners who were
present at meeting how many would be in favor of the $25.00 fee after two free uses in order to
offset expenses that may be incurred at the club house. Majority of the homeowners present
raised their hands stating they agree to the fee after two free uses per year. This $25.00 fee will
be a separate line item on the new budget. Certain events that are open to all homeowners or a
community event will not be charged a fee beyond the two free uses (example: boy scouts/girl
scouts). A homeowner cannot charge fees for a function they are having at the clubhouse. Bill
Kamer asked for a motion to start charging homeowners $25.00 who reserve the clubhouse, after
two (2) free uses, each year, beginning January 1, 2014. Adam Tominsky made a motion and Jim
Powers seconded. The motion passed unanimously.
The new clubhouse reservation application was discussed. Bill Kamer asked for a motion to
accept the new clubhouse reservation application. Jim Powers made a motion and Sabrina
Zahnen seconded. The motion passed unanimously.
The ARC Committee held a meeting on September 19, 2013. They had a split vote on whether a
homeowner on Bayberry Lakes Blvd. could have a shed on their property and it was brought in
front of the Board for a decision. Jim Powers made a motion to deny the shed due to CCR 4.5
and Kathleen Ridall seconded it. The motion passed unanimously.
The ARC Committee had a quorum during this meeting and they had an application from 129
Boysenberry requesting the change the paint on their house. Jim Powers made a motion to
approve the new paint scheme and Sabrina Zahnen seconded. The motion passed unanimously
by the ARC Committee. Jim Powers advised the homeowner to submit the color for the gutters
to get an approval to add them.
A new ARC application was discussed. Bill Kamer asked for a motion to accept the new ARC
application. Jim Powers made a motion and Sabrina Zahnen seconded. The motion passed
unanimously.
Sabrina Zahnen provided information on the Neighborhood Watch Committee. Earlier in the
meeting, Nick Fiore with the City of Daytona Beach provided a report on law enforcement
related issued in the community.
Jim Powers gave the report for the Block Happenings/Communication Committee. There are
several upcoming events for the community:
September 28, 2013 (Game Night) CANCELLED
October 26, 2013 (Truck or Treat)
November 9, 2013 (Chili Cook Off)
December 14, 2013 (Holiday Open House/Santa/Cookie Swap)
Yard of the Month Winner for October is: 105 Logenberry Ct.
Dumpsters were discussed for the clubhouse. Currently the trash cans are being kept in the men’s
room to prevent the bears in the area from feeding in the trash cans. To get a locking dumpster
added to the clubhouse, Waste Pro stated it would be an additional $54.00 per month to our
current bill for trash services. Other alternatives will be considered as to location of a new trash
can, along with other options instead of going through Waste Pro. More research will be
conducted. Bill Kamer asked for a motion to table the decisions with the dumpsters until the
October 24, 2013 meeting. Jim Powers made a motion and Adam Tominsky seconded. The
motion passed unanimously.
The main entrance fountain was discussed. The fountain is broken. To replace the fountain motor
is $6300.00. The repair would need to be budgeted for and added as a line item for next year’s
budget. There could be a special assessment for this repair, which would be a onetime fee, of
approximately $25.00 per home if it was passed and it would ultimately be the homeowners vote
for the repair if it went to a special assessment. This will be put on hold due to other upcoming
expenses. Bill Kamer asked for a motion to table the repair discussion until the March 2014
meeting and see how the finances are. Jim Powers made a motion and John Williams seconded
it. The motion passed unanimously.
A line item for fountain maintenance will be added as a line item for next year’s budget.
Landon Wells will seek a contractor and get a quote to present to the Board to get the clubhouse
pressure washed along with the sidewalks around the clubhouse.
Future Board meetings were discussed. The next Board meeting on will be held on Thursday
October 24, 2013 at 7:00pm, the following meeting will be held on Thursday November 14,
2013, and no meeting will be held in December. Board meetings will resume to normal in
January 2014, which is the last Thursday of every month at 7:00pm. Bill Kamer asked for a
motion to except the upcoming dates for Board meetings. Jim Powers made a motion and Adam
Tominsky seconded. The motion passed unanimously.
Supplies needed for the clubhouse were discussed. The supplies needed: shelves, vacuum,
microwave, bulletin board, and a “caution wet floor sign”. The Board is open for donations for
these items to reduce the cost from the budget to purchase these items. A TV has been donated
for the clubhouse and it will be mounted on the wall in the near future once a lockable mount has
been acquired.
A motion was made to adjourn the meeting at 9:52p.m. by Jim Powers and it was seconded by
Kathleen Ridall. The meeting was adjourned. The next Board Meeting will be at 7:00 pm on
Thursday, October 24, 2013
Jennifer Caron, Secretary 09/26/2013
The Architectural Review Committee (ARC) was called to order on Sept 19, 2013 at 7:00 p.m. with the following
members present: Chairman Jim Powers, Michelle Fink, Fran Ceschi, Norm Stuart, Kathleen Ridall, and Marcos
Alvalle. HOA member Ksenia was also present as a guest. Minutes of our previous meeting of July 1st were read
and approved. Dissemination of these minutes was requested to be made to all ARC committee members. Since
the last meeting, members had voted by e-mail to approve several requests. They are as follows:
116 Boysenberry La - Install screening on the back porch
449 Bayberry Lakes Blvd - install white vinyl gutters
527 Bayberry Lakes Blvd - Install screening on the back porch
121 Boysenberry La - install white vinyl privacy fence.
129 Boysenberry La - add children's swing set to back yard.
Each of these requests were accompanied by appropriate drawings as required at the time of the e-mail votes.
Therefore, each of these requests was presented again before the assembled committee for a vote. A motion was
made, seconded and approved individually for each of the above submittals. One more request previously
approved by our e-mail vote were presented before the committee in a slightly altered form. It was:
129 Huckleberry Br. - removal of live oak from R.O.W; sufficient Florida friendly trees remain to
be in compliance; Additionally, this request now also included the removal of shrubs in front of the house. After
some discussion and clarifications, a motion was made and seconded to approve this amended request.
The following new business was then presented to the committee.
528 Bayberry Lakes Blvd - install screening on the back porch; This request also included the
placement of white vinyl gutters. Appropriate drawings were submitted. A motion was made, seconded and
passed to approve this request. 131 Loganberry Ct - A request was made to paint the garage door to match the
shutters. A motion was made, seconded and passed to approve this request. 321 Bayberry Lakes Blvd - A request
was submitted to build a shed within the backyard. It included a statement that a shed was previously approved
for another nearby homeowner "...by the builder. The only requirement was to install a privacy fence so it's not
seen from road and neighbors." Although several committee members indicated they would like a shed to store
lawnmowers and other lawn and garden tools, we were reminded that article 4.5 (page 11 of the CCR) that such
buildings are not permitted. A motion was made and seconded to disallow construction of a shed on this property.
Voting was split 3 for and 3 against the motion. Therefore, the motion was tabled until the full HOA could act upon
it. It was also noted that to change a CCR would require 95% of the voting members of the HOA (not just the
Board) to accept such a change. There being no more business to come before the committee, a motion was
entertained, seconded and passed for adjournment at 7:50 p.m.
Respectfully submitted by Norman Stuart