Hidden Harbor

Hidden Harbor Owners’ Association, Inc.
Minutes of the Emergency Board Meeting
held on December 27, 2011 at 3:00 P.M.
in the onsite Clubhouse

 
1. Call to Order & Establishment of Quorum:
The meeting was called to order by President Richard Kleinhans at 3:00 pm.  Directors Ken Lewis, Frank Carotenuto and Richard Marquis were also in attendance and Treasurer/Secretary Sam Bovalino attended via a speaker phone.   Vice President Bob Philbrook and Director Bill Allen were not able to attend.  Kathy Watts represented management. 

2.  New Business:
· Ken Lewis made a motion to remove the prior management owner, Michelle Davis (Dugan) from the current bank accounts at Sunrise Bank and BB&T. Future accounts will only have the Board members as signers. Frank Carotenuto seconded the motion and it passed by unanimous voice vote.  

Kathy Watts composed letters to the banks requesting the signature removal which Richard Kleinhans signed and Kathy notarized.  New signature cards will need to be signed at the next meeting.

3.    Schedule date for next meeting:
The next meeting of the Association will be January 10, 2012 at 6:00PM.    

4.     Adjournment:
With no further business to discuss, Frank Carotenuto made a motion to adjourn the meeting at 3:10 p.m. Ken Lewis seconded the motion and it passed by unanimous voice vote. 

Respectfully submitted,
Kathy Watts, CMCA, LCAM #27668
Community Association Manager   
 

Hidden Harbor Owners’ Association, Inc.
Minutes of the Board Meeting
held on November 21, 2011 at 6:00 P.M.
in the onsite Clubhouse 


1. Call to Order & Establishment of Quorum:
The meeting was called to order by President Richard Kleinhans at 6:00 pm.  Treasurer/Secretary Sam Bovalino, Bill Allen and Richard Marquis were also in attendance. Vice President Bob Philbrook, Directors Ken Lewis and Frank Carotenuto were not able to attend.  Five (5) unit owners attended along with Kathy Watts from Reconcilable Differences. With a quorum of Board members established, the meeting continued.  Kathy stated that the meeting notice was mailed to all owners and properly posted.

2. Approval of Minutes from the October 27, 2011 Board Meeting:
Bill Allen made a motion to approve the minutes of October 27, 2011 as written.  Sam Bovalino seconded the motion and it passed by unanimous voice vote.  

3.    Financial Report – Sam Bovalino:
Sam stated as of October 31, 2011 the Association is under budget and all bills are paid. 

4.    Discussion from audience regarding the 2012 Budget:
Jim Parsons suggested updating the costs of reserve items in 2012.

5.    Board Approval of the 2012 Budget:
Bill Allen made a motion to approve the 2012 Budget as presented.  The fees will be $350 for a 2 bedroom and $394 for a 3 bedroom which is the same as previous years.  Richard Marquis seconded the motion and it passed by unanimous voice vote.  

6.    Unfinished Business: 
Richard Kleinhans reported that cameras were installed over the summer and letters have already been sent to owners and/or tenants regarding inappropriate behavior.  There appears to be fewer instances of vandalism since the cameras were installed.

Lights were discussed at the last meeting. The light in question is the one on the west side of the entrance way which is on Hidden Harbor property.  Richard Kleinhans suggested lowering the height of the light so a bucket truck would not be needed to make repairs.  This suggestion will be looked into.

Lights along the wall underneath the name and address was also discussed. Two bids were received but only one included repair of the asphalt after the electrical wires were run from the entrance island to each wall. The bid from SunKraft was $3798 for inground lights and $2712 for above ground lights. This also included repairs to the asphalt. The board feels the amount is not worth the benefits at this time.  Since we already have lights in the entrance island it was suggested Kathy looked up previous bids for our logo in the entrance and also have numbers place there.

7. New Business:

  • Clubhouse Roof:  the solar system on the rec room roof is leaking and also causing the roof to leak. The board requested management call an engineer to look at the roof structure and report his findings. It's the consensus of the board and maintenance that the roof was not designed for the weight of the solar system which is what caused the roof to leak.
8.    Schedule date for next meeting:
The next meeting of the Association will be the Annual Meeting on January 26, 2012 at 6:00PM.    

9.     Adjournment:
With no further business to discuss, Bill Allen made a motion to adjourn the meeting at 6:45 p.m. Richard Marquis seconded the motion and it passed by unanimous voice vote. 

Respectfully submitted,
Kathy Watts, CMCA, LCAM #27668
Reconcilable Differences, Inc.   
 

Hidden Harbor Owners’ Association, Inc.
Minutes of the Board Meeting
held on October 27, 2011 at 6:00 P.M.
in the onsite Clubhouse



1. Call to Order & Establishment of Quorum:
The meeting was called to order by President Richard Kleinhans at 6:00 pm.  Treasurer/Secretary Sam Bovalino , Bill Allen and Frank Carotenuto were also in attendance. Vice President Bob Philbrook, Directors  Ken Lewis and Richard Marquis were not able to attend.  Three (3) unit owners attended along with Kathy Watts from Reconcilable Differences. With a quorum of Board members established, the meeting continued. 

2. Approval of Minutes from the April 28, 2011 Board Meeting:
Bill Allen made a motion to approve the minutes of April 28, 2011 as written.  Frank Carotenuto seconded the motion and it passed by unanimous voice vote.  

3.    Financial Report – Sam Bovalino:
Sam stated as of September 30th the Association is under budget and all bills are paid. 

Review and approve 2012 Proposed Budget for mailing:  Frank Carotenuto made a motion to approve the mailing of the 2012 Proposed Budget to the owners.  Bill Allen  seconded the motion and it passed by unanimous voice vote. 

4.    Unfinished Business: 

5. New Business:

6. Owner Input:
One owner suggested a rain sensor that will turn off the spinklers when it rains.  The issue will be looked into.

7.    Schedule date for next meeting:
The next meeting of the Association will be the Budget Meeting on November 21st at 6:00PM.    

8.     Adjournment:
With no further business to discuss, Frank Carotenuto  made a motion to adjourn the meeting at 6:10  pm.  Bill Allen seconded the motion and it passed by unanimous voice vote. 

Respectfully submitted,
Kathy Watts, CMCA, LCAM #27668
Reconcilable Differences, Inc.   
 

Hidden Harbor Owners’ Association, Inc.

Minutes of the Board Meeting

held on April 28, 2011 at 6:00 P.M.

in the onsite Clubhouse

 

1. Call to Order & Establishment of Quorum:

The meeting was called to order by Treasurer/Secretary Sam Bovalino at 6:00 pm.  Directors Ken Lewis, Bill Allen, Frank Carotenuto and Richard Marquis were also in attendance. President Richard Kleinhans and Vice President Bob Philbrook were not able to attend.  Five (5) unit owners attended along with Kathy Watts from Reconcilable Differences. With a quorum of Board members established, the meeting continued.

 

2. Approval of Minutes from the March 24, 2011 Board Meeting:

Bill Allen made a motion to approve the minutes of March 24, 2011 as written.  Frank Carotenuto seconded the motion and it passed by unanimous voice vote.

 

3. Financial Report - Sam Bovalino:

Sam stated as of March 31 the Association is approximately $3,000 under budget and all bills are paid. Frank Carotenuto made a motion to accept the financial report. Dick Marquis seconded the motion and it passed by unanimous voice vote.

 

4. Unfinished Business:

a.) Security Cameras: A bid for security cameras on the property was received from ADS for approximately $30,000. Ted Warwick researched online for other options and presented his findings to a board member for discussion this evening. Bill Allen made a motion to allow Ted to purchase and install security cameras around the recreation room and pool area with the cost not to exceed $2,500.   Frank Carotenuto seconded the motion and it passed by unanimous voice vote.

b.) Lawn Pest Control/Fertilizer Contract:  The Board discussed the bids that had been received.  Until the end of the year, Blacks Pest Control will charge $3,360 and Pearce Pest Control, who we have presently, will charge $5,282.75. Bill Allen made a motion to contract with Blacks Pest Control for the remainder of 2011 at a cost of $3,360 thru December 2011.  Frank Carotenuto seconded the motion and it passed by unanimous voice vote.  Kathy will contact Blacks Pest Control for an updated contract for signature.

 

4. New Business:

Bird/Squirrel Feeding:   Frank discussed the issue regarding the feeding of the squirrels and birds and felt there was no reason to be feeding wild animals. Kathy stated management has received numerous complaints from residents at Hidden Harbor and Costa del Sol concerning the excessive number of squirrels and birds who leave messes. Frank also produced pictures of the roof and stated that when the birds eat the seed/food that is left for them, they fly up to the roof and leave droppings which is causing the deterioration of the roof. Mary Jane Ward requested that even though the rules and regulations state that squirrels and birds are not to be fed that she still be allowed to do so. Kathy brought to the Board's attention that they all just approved the latest update of the rules and regulations and that if they're going to allow one person not follow the rules you cannot expect other residents to follow them. Jim Parsons stated that there are always going to be rules that some people do not like but you must still follow the rules. If you disagree, follow the proper procedure to have it changed. Mary Jane requested that the Board include a statement or notice written by her, stating her reasons why she should be allowed to continue to feed the birds and squirrels. Kathy stated the mass mailings are for Association purposes only and if you allow one person to put their personal notices or straw polls into the Association mass mailing, residents may feel this is sanctioned by the Board and you will have to allow other residents the same courtesy.  Mary Jane then asked for an owners list which Kathy said she would mail to her as is her right as an owner but stressed it would only have names and mailing addresses since Florida Statute changed and we can no longer include phone numbers and/or e-mail addresses.  Frank Carotenuto made a motion that the updated rules and regulations that were mailed to every owner and renter be enforced and that if the practice does not stop, the attorney be contacted to proceed with arbitration. Bill Allen seconded the motion and it passed by unanimous voice vote.

Dryer Fire Prevention:  The dryer vents were last cleaned in May of 2007 at a cost of $80 per unit.  Management received a bid from Dryer Fire Prevention to “clean and correct dryer ducts”  for a cost of $53.50 for each unit that has proper metal venting and $98.50 plus FSST for each that do not have proper t(?) metal venting.  Frank Carotenuto made a motion to table the subject until 2012.  Bill Allen seconded the motion and it passed by unanimous voice vote.

Legal Issues and Letters Requested:

a.) Unit 310:  Kathy called attorney John Soileau for an update on the unit and was told that on May 23rd there will be a Hearing for Final Judgment.  Mr. Soileau’s assistant stated that even if the unit is sold beforehand, both the seller and buyer are jointly liable and the association would get all fees owed. 

b.) Building 6:  The scooter parked in the visitor space that was not registered received a letter.  The scooter has been removed by the owner of said scooter.

c.) Bill Allen made a motion to contact the attorney and proceed with arbitration with unit 610 due to the fact they refuse to give the Association a copy of the key to the unit as required by the Condominium Documents. Ken Lewis seconded the motion and it passed by unanimous voice vote.

d.) Temporary labor:    Dick Marquis made a motion to hire Ricky Martin as a temporary helper to assist in the painting of the walkways. Bill Allen seconded the motion and the passed by unanimous voice vote.

e.) Shutter Applications:  Unit 212 received approval to install roll up shutters for the patio door.

 

5. Owner Input/Announcements:

Mary Jane Ward suggested using the tennis courts for basketball and skateboarding area so the children would have a place to play. Jim Parsons stated this came up before and he does not feel the Association fees should be used to change the amenities. The owners present felt that when units are purchased or rented the resident were well aware that there was not a play area for children.

 

6. Schedule Date for Next Meeting:

The next meeting of the Association will be scheduled at a later time.

 

7. Adjournment:

With no further business to discuss, Frank Carotenuto made a motion to adjourn the meeting at 7:10 pm. Bill Allen seconded the motion and it passed by unanimous voice vote.

 

 

Respectfully submitted,

 

Kathy Watts, CMCA, LCAM #27668

Reconcilable Differences, Inc.

 


 

Hidden Harbor Owners’ Association, Inc.

Minutes of the Board Meeting

held on March 24, 2011 at 6:00 P.M.

in the onsite Clubhouse

 

1. Call to Order & Establishment of Quorum:

The meeting was called to order by President Richard Kleinhans at 6:00 pm.  Vice President Bob Philbrook, Treasurer/Secretary Sam Bovalino, Directors Ken Lewis, Bill Allen, Frank Carotenuto and Richard Marquis were also in attendance. Four (4) unit owners attended along with Kathy Watts from Reconcilable Differences. With a quorum of Board members established, the meeting continued.

 

2. Approval of Minutes from the February 17, 2011 Board Meeting:

Sam Bovalino made a motion to approve the minutes of February 17, 2011 as written.  Frank Carotenuto seconded the motion and it passed by unanimous voice vote.

 

3. Financial Report - Sam Bovalino:

Sam stated he did not have a report at this time.

 

3. Unfinished Business:

a.) Condo Rules & Regulations:  Bill Allen made a motion to reaffirm the approval of the changes to the Rules & Regulations discussed and passed at the last meeting.  A copy of the revised Rules & Regulations will be mailed to each owner.  Bob Philbrook seconded the motion and it passed by unanimous voice vote. 

b.) Security Cameras:  Advanced Detection (ADS) sent the proposal for security cameras on the property.  Due to the amount of the proposal, more bids will be compiled to determine if it’s financially feasible to send to the owners to vote and approve a special assessment for the installation.  This issue has been tabled until the next meeting.

c.) Lawn Pest Control/Fertilizer Contract:  The Board discussed the bids that had been received and reviewed the recommendations from Winfield Solutions concerning the grass.  Winfield recommended an additional application of 16-4-8 to lower the pH level.  Bill Allen made a motion to accept the proposal from Truly Nolan for the cost of $4,830. There was no second so the motion failed. The Board requested additional information from the two other companies that sent in a proposal. They requested the cost for an additional application of 16-4-8 and whether there would be a discount given if the annual fee was paid in advance. Kathy said she would get the information for the Board and have it for the next meeting if not before.

 

4. New Business:

Dryer Fire Prevention:  The dryer vents were last cleaned in May of 2007.  Ken Lewis made a motion to request RDI get a bid on the cost of cleaning the dryer events. Bill Allen seconded the motion and the passed by unanimous voice vote.  A proposal will be prepared on the cost and presented to the Board for approval at the next meeting.

Pool Pump:  It was reported that the pool pump is four years old and starting to get loud which is caused from the deterioration of the bearings.   The Board discussed the option of purchasing a refurbished pump for $400 (installed) or going with a new pump for $700 (installed) and keeping the old one as a backup. Bill Allen made a motion to purchase a new pool pump for $700. Ken Lewis seconded the motion and a passed by unanimous voice vote.

Landscape Recommendations:  The landscape committee recommended resodding the South East corner of the property for cost of $400. The expenditure was approved and the funds will come from the landscape budget.

Lights at Entrance:  It was brought to the Board's attention that it is very dark at the entrance at night and it was requested that a low amp light be installed at each wall under the Hidden Harbor lettering. The Board agreed with the recommendation and an electrician will be called to run the electrical line and install the lights.

Amendment Change:  Ken Lewis and Sam Bovalino presented additional signed proxies for the proposed amendment change which stated “The Board of Administration is authorized to impose a late charge not to exceed Twenty-five and 00/00 Dollars ($25.00) on payments not paid within ten (10) days after the due date.  Unless otherwise provided by the Board, the due date of monthly assessments shall be the first day of each month” giving us a total of 49 proxies received when 43 were needed for majority. The information will be sent to the attorney Wean & Malchow for the amendment to be recorded.

Slider and shutter specs: The Board requested the slider specs be updated to conform with the new hurricane codes when enclosing a patio/balcony.

Legal issues and letters requested:

a.) Unit 310:  Ken Lewis requested the status on the unit.  Kathy read the email had been received from attorney Seth Chipman stating he was proceeding with filing a Motion for Summary Judgment which is a procedure used to obtain final judgment and sale date without conducting a trial. They hope to complete the matter within the next 45-60 days but it would depend on the judge's availability and schedule.

b.) Building 6:  The scooter parked in the visitor space is not registered and a letter will be sent instructing them to either register the scooter or remove it immediately.

c.) Unit 610:  The Board has requested we contact the attorney to send a letter to the owner stating we do not have the key and per the Condominium Docs they are required to produce one.

d.) Unit 206: The board has requested a letter from the attorney to the owner and renters stating they are in violation due to having seven people living in a two-bedroom unit. They are also cooking rice and preparing sushi for sale at Publix which is also against the Docs since they could be considered a commercial kitchen or business.

e.) Unit 104:  Bill Allen made a motion to contact the attorney and request information on the procedures for arbitration due to the fact this owner continually feeds the birds and squirrels after a the Association has requested she cease-and-desist. Dick Marquis seconded the motion and it passed by unanimous voice vote.

 

5. Schedule Date for Next Meeting:

The next meeting of the Association is scheduled for Thursday, April 28, 2011 at 6:00 PM.

 

6. Adjournment:

With no further business to discuss, Bill Allen made a motion to adjourn the meeting at 6:45 pm. Bob Philbrook seconded the motion and it passed by unanimous voice vote.

 

Respectfully submitted,

 

Kathy Watts, CMCA, LCAM #27668

Reconcilable Differences, Inc.

 


 

Hidden Harbor Owners’ Association, Inc.

Minutes of the Board Meeting

held on February 17, 2011 at 6:00 P.M.

in the onsite Clubhouse

 

1. Call to Order & Establishment of Quorum:

The meeting was called to order by President Richard Kleinhans at 6:00 pm.  Vice President Richard Marquis, Treasurer/Secretary Sam Bovalino, Directors Ken Lewis, Bill Allen and Robert Philbrook were also in attendance. Director Frank Carotenuto was unable to attend.  Four (4) unit owners attended along with Kathy Watts from Reconcilable Differences. With a quorum of Board members established, the meeting continued.

 

2. Approval of Minutes from the January 20, 2011 Board/Organizational Meeting:

Sam Bovalino made a motion to approve the minutes of January 20, 2011 as written.  Bob Philbrook seconded the motion and it passed by unanimous voice vote.

 

3. Financial Report - Sam Bovalino:

Sam reported that as of January 31, 2011 the association has $50,380.38 on the Operating Account and $185,357.12 in the Reserve Account.  The Association is also approximately $1,500 under budget for January.

 

3. Unfinished Business:

a.)  Condo Rules & Regulations:  The Board felt arbitration would be a better deterrent that fining since the owner would be required to attend.  The Rules and Regulations was updated with changes to the “Clubhouse Rules & Regulations” Sections 3.2 and 3.3 which included the new fees and Section 1.15 which was changed to read “Children shall not be permitted to loiter or play on the stairwells, stairs, hallways, parking lots or the south and east perimeter.  There are no designed play areas on the property.  There will be NO ball playing of any kind on the property except tennis on the tennis court.  Playing is to cease when it gets dark.”  Bill Allen made a motion to accept the changes to Sections 1.15, 3.2 and 3.3.  Dick Marquis seconded the motion and it passed by unanimous voice vote.

b.) Security Cameras:  Advanced Detection (ADS) has not sent the proposal as of yet so the issue has been tabled until the March meeting.

c.) Chinch Bugs:  Dave Pearce from Pearce Lawn & Pest Control is in the process of having the soil tested so the issue has been tabled until the March meeting.

d.) Brighthouse:  

         1. The Brighthouse authorization form allowing residents to call Brighthouse to add jacks was approved with the following stipulation.  No outside

             wiring will be added without Board approval.

         2. The Board requested an update on what the increase would be to the Association if a new contract was signed in order to upgrade the wiring. 

e.) Confirm change of attorney for future legal issues:  Bob Philbrook made a motion to contract with the law firm of Wean & Malchow for future legal issues.  The issue was discussed at previous meetings but was never formally voted on.  Ken Lewis seconded the motion and it passed by unanimous voice vote.

 

4. New Business:

Officer Positions:  Sam Bovalino made a motion for Bob Philbrook to resume the duties of Vice President due to Richard Marquis not being able to fulfill the requirements.  Bill Allen seconded the motion and it passed by unanimous voice vote.

Solar Heater:  The solar heater has been repaired by Ted and Dick Marquis.  Converting to a gas heater was discussed but it was determined it was not feasible.

Wind Mitigation Forms:  Bill Allen reminded those present that sending a Wind Mitigation form to their insurance company may save them money on insurance.  Kathy stated an owner just needs to call management and a copy could be sent to their insurance agent and suggested the information be added to the newsletter again.

AC Servicing:  Bob Philbrook reported that Kabran was giving them a special price on AC tune ups and if anyone was interested to contact him.   Kathy stressed this was not the same as the AC Drain Clean Outs what would be started on February 22nd by the association.

 

5. Schedule Date for Next Meeting:

The next meeting of the Association is scheduled for Thursday, March 24, 2011 at 6:00 PM.

 

6. Adjournment:

With no further business to discuss, Bill Allen made a motion to adjourn the meeting at 6:50 pm.  Sam Bovalino seconded the motion and it passed by unanimous voice vote.

 

Respectfully submitted,

 

 

Kathy Watts, CMCA, LCAM #27668

Reconcilable Differences, Inc.

 


 

Hidden Harbor Owners’ Assoc., Inc.

Minutes of the 2011 Annual Meeting

held Wednesday, January 20, 2011, at 6:00 p.m.

in the onsite clubhouse.

 

1. Call to Order:

The meeting was called to order by President, Richard Kleinhans at 6:00 P.M. 

 

2. Calling of Roll, Certification of Proxies and Establishment of Quorum:

Board members present were Richard Kleinhans-President, Richard Marquis-Vice President, Sam Bovalino-Treasurer/Secretary and Directors Frank Carotenuto, Bill Allen, Ken Lewis and Bob Philbrook.  Kathy Watts and Michelle Dugan represented Reconcilable Differences, Inc.  Management reported having 30 units represented by proxy and 19 units represented in person, establishing a quorum to begin the meeting.  The presence of forty-three units was required to hold this meeting.

 

3. Proof of Notice of Meeting:

Richard Kleinhans certified that notice of the meeting had been mailed to all owners at least 14 days in advance of the meeting.

 

4. Reading and Approval of Minutes from January 27, 2010 Annual meeting:

Having acknowledged that the minutes were mailed to all owners, Sam Bovalino made a motion to approve the minutes from the January 27, 2010 annual meeting.  Bob Philbrook seconded the motion and it passed by unanimous voice vote.

 

5. Report of Officers:

Report from the President

Richard read from a list of accomplishments made by both the Board and Management in 2010:

-Landscaping the north side of building 1
-Sealed the porch roofs on all buildings
-Sprayed and painted the walkways of all buildings
-Replaced the fence around the sprinkler pumps area

-Replaced fence around the shed
-Clean up the shed area.
-Replaced the entrance signs

 

Report from the Treasurer

Treasurer Sam Bovalino reported the Association ended the year 2010 at approximately $15,000 under budget and there’s $181,000 in Reserves.   

 

6. Reports of Committees:

Landscaping Report:  None at this time.

 

7. Presentation of the 2011 Board Members:

As was noted in the mailing to all unit owners, Management introduced the 7 unit owners who volunteered to serve on the Board again in 2011; Sam Bovalino, Frank Carotenuto, Ken Lewis, Richard Marquis, Bob Philbrook, Bill Allen and Richard Kleinhans. 

 

8. Unfinished Business:

Nothing to report.

 

9. New Business:

Attorney Seth Chipman was present and reviewed the questions and answers already posed from the Board.  They were as follows:

 

A.)  Due Process and Fines:

 One of the numerous changes made to chapter 718, Fla. Stat. in 2010, was a provision allowing associations to levy fines against unit owners, regardless of whether such a provision exists in the association’s governing documents. Prior to 2010, an association could only levy fines if such a provision existed in the declaration or bylaws.

Chapter 718.303(3), Fla. Stat., states in pertinent part:

...The association may also levy reasonable fines for the failure of the owner of the unit, or its occupant, licensee, or invitee, to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. A fine does not become a lien against a unit. A fine may not exceed $100 per violation. However, a fine may be levied on the basis of each day of a continuing violation, with a single notice and opportunity for hearing. However, the fine may not in the aggregate exceed $1,000. A fine may not be levied and a suspension may not be imposed unless the association first provides at least 14 days’’ written notice and an opportunity for a hearing to the unit owner and, if applicable, its occupant, licensee, or invitee. The hearing must be held before a committee of other unit owners who are neither board members nor persons residing in a board member’s household. If the committee does not agree with the fine or suspension, the fine or suspension may not be levied or imposed.

If the Association decides to implement a policy of fining, it is important that the Association strictly follow the procedures contained in the above law in a consistent manner, avoiding claims of selective enforcement and lack of due process on the part of the Association.

 

B.) Common Area and It’s Usage- Occupants’ Children:

Florida law already prohibits unit owners or their renters, guests, or invitees from damaging the common elements of the condominium. The Hidden Harbor governing documents empower the Board to make rules. In order for a rule to be upheld upon challenge, the rule must: a) not conflict with a provision contained in the Declaration, Bylaws, or Articles of Incorporation; and b) be reasonable and promote the health, happiness, and peace of mind of the unit owners.

 

A proposed board made rule "bann[ing] [children] from playing" would in my opinion not be upheld, due in part to reasonableness and vagueness. A rule prohibiting "throwing, kicking or hitting of balls or other objects" on the condominium property would stand a better chance of surviving a challenge.

 

If a unit occupant‘s child, guest, employee, or invitee damages common elements or is engaging in activity that is a nuisance, I would advise that the Association document the nuisance type action and any damages, and take action against the unit owner. Depending on the nature of the action and damage, the remedy will either be a petition for arbitration filed with the DBPR, or an action filed with the courts.

 

C.)  Security Cameras:

It is my opinion that Section 4(L) of the Bylaws, allows the Board to install security cameras in common areas without a membership vote.

Section 4(L) states in pertinent part:

All of the powers and duties of the Association shall be exercised by the Board...shall include, without limiting the generality of the foregoing, the following:

(ii) The...operation and management of the condominium, wherever the same is required...

(vi) To acquire, operate, lease, manage and otherwise trade and deal with property, real and personal...as may be necessary or convenient in operating and managing the condominium...

As I have noted in prior correspondence to you on the subject of security cameras, I would advise that the Board post a sign in a conspicuous location stating that "a video security system has been installed for the purpose of security for the premises," which will aid in protecting the Association from potential claims of "video voyeurism" under Chapter 810.145, Fla. Stat.

 

Further, if the security system intercepts sound, the Association must comply with the Electronic Communications Privacy Act of 1986, a federal statute which now also governs the sound portions of any video recording. In addition, chapter 934, Fla. Stat., requires consent from the person being recorded in settings where the person has a reasonable expectation of privacy.

 

Attorney Chipman stated it was perfectly legal for someone to take a picture of an individual, whether an adult or child, who is violating the condominium rules or causing damage in order to prove a claim. He did stress however that we cannot tape conversations without the person knowing, nor can residents set up video camera with motion detectors attached.

 

Management stated they are in the process of collecting bids for security cameras and hope to have the information to the Board by the next meeting.

 

D.)  Unit Keys:

Mr.Chipman advised enforcing the provision through a petition for arbitration filed with the DBPR. There are published arbitration decisions confirming the validity of covenants requiring that unit owners provide a copy of a key to the Association.

 

E.)  Renter Making Threats:

Mr. Chipman was willing to send a letter to the unit owner of unit 603 as well as his tenant, demanding that the tenant cease and desist in making threats to any unit owner, or employee or guest of the Association..

 

10. Open Forum:

-The following owners volunteered to serve on the Due Process Committee as discussed in paragraph 1 from the attorney:  Mary Ann Ward - unit 104, Dolores Lawler - unit 312 and Barbara Ursin - unit 702.

-Mary Ann Ward felt the grass at other associations look better and requested the issue of reclaimed water be looked into.  Management will look into it.

-Bob Philbrook thanked those residents that pick up their dog’s excrement and suggested residents offer a “thank you” when they see it being done.

-An owner questioned whether the keys would be more secure at another location, i.e., the management office.  Management and Richard Kleinhans explained that the keys are kept in a locked safe that is cemented into the floor of a locked closet, and only 3 people have a key to the safe.  The owner was satisfied that the keys are safe and secure.

 

11. Adjournment:

With no further business to discuss; Ken Lewis made a motion to adjourn the meeting. Bill Allen seconded the motion and it passed by unanimous voice vote. The meeting adjourned at 7:20 p.m.

 

Respectfully submitted,

 

Kathy Watts, CMCA, LCAM #27668

Reconcilable Differences, Inc. for the Board of Directors,

Hidden Harbor Owners Association, Inc.

 

 

Minutes of the Organizational Meeting of the

Hidden Harbor Board of Directors

Held Immediately After the Annual Meeting

On January 20, 2011, in the onsite clubhouse

 

Call to Order: 

Richard Kleinhans called the meeting to order at 7:20 p.m.

 

Appointment of new Board Members:

Sam Bovalino made a motion for the Board members holding officer positions to continue for 2011.  Bob Philbrook seconded the motion and it passed by majority voice vote with Richard Kleinhans voting no.

 

The 2011 Board of Directors is as follows:

President - Richard Kleinhans

Vice President - Richard Marquis

Secretary/Treasurer - Sam Bovalino

Directors will consist of:  Frank Carotenuto, Ken Lewis, Bob Philbrook and Bill Allen.

 

 

Next Board Meeting:  The next Board of Director's meeting will be Thursday, February 17, 2011 at 6:00 p.m.

 

Adjournment:

With no further business to discuss, Bill Allen made a motion to adjourn the meeting at 7:25 p.m.  Bob Philbrook seconded the motion and it passed by unanimous voice vote.

 

Respectfully submitted,

 

 

Kathy Watts, CMCA, LCAM #27668

Reconcilable Differences, Inc.

Board of Directors, Hidden Harbor Owners Association, Inc.