GCVHOA BOARD MEETING

Held May 12, 2003

The May business meeting was called to order by President Rhonda King at 7:00 P.M. The Secretary took the roll call. Four (4) Board members were present including Chad Reid, Ken Spann, Ted Strass and Rhonda King. George Peck, John Groeneveld and Art McKeller were not present.

The minutes of the April Business Meeting were read and approved by the board.

Chad read the financial report. Questions need to be addressed as to why depreciation was now listed on the Income Statement and why the pool service budget read $450 per month. Also, questions as to why some property owners received letters from Jones and Co. will also be addressed when John returns from vacation.

The president opened the meeting to comments and suggestions on the evening’s agenda by members of the association.

May 2003 Old Business

The Architectural headed up by Paul Glanzman reported that there was an application for a storage unit under the car port to contain trash cans. The application was approved by the committee and passed on the board for approval. A motion was made by Ted with no second to table the decision until next meeting. There was no 2nd to the motion. Ken made a motion to accept the application as it had been approved by the architectural committee. Chad seconded the motion. President Rhonda King then tabled the motion until next meeting. Without official action by the board and according to our park documents, the application is accepted.

Dutch Sykes, a member of The Welcoming committee, reported that Mr. & Mrs. Prosparo had moved into their home and that the buyers of the Higgin’s home had closed but had not as yet moved in.

Don King reported for The Maintenance Committee told us the sprinklers had been adjusted near the shuffleboard courts and that the kitchen sink faucet had been replaced. The road situation still needs to be addressed as to either sealing now or replacing in the near future. Dutch Sykes agreed to look into the options available to us.

Code Enforcement: A Motion was made by Chad, seconded by Ted to have either President sign 1st warning letters. All Board members agreed. The board was presented 9 infractions that were reported by the committee and gone over at the agenda meeting last week. A pole was taken by the board members present on each infraction without knowing the name or address of the offender. Of the 9 letters presented, the board approved 5 letters to be sent.

Rhonda reported for the computer committee that a configuration had been recommended, and quotes were gathered. It was decided to table the decision concerning the purchase until the fall when prices would surely be lower.

A cover over the windows on the south side of the clubhouse was again tabled until next meeting.

The President thanked all those serving on committees for their hard work.

Bob Pruyn reported that the construction of the addition to rear of building has been delayed due to the fact that the plot plan and survey taken back in 2000 when the parking lot was constructed could not be found.

The request last month that future meetings be taped has been acted upon and the meeting was tape recorded.

May 2002 New Business

The problem with spa was discussed. The air intakes were covered over on top with diamond brite and jets no longer bubble as their air supply has been cut off. Also jet covers can only be installed on one outlet as the new covering is too thick to get the old outlets screwed on. The contractor that performed the work needs to be contacted. Jim the pool man also says that the spa is still leaking and is probably caused by the skimmer that is still leaking. No motion was presented but Chad is to look into the warrantee for the work done on the spa as well as get prices for repair to fix the leak.

A motion was made by Chad, seconded by Ted to accept the donation of 2 computers by Mercury Technology Services, Inc. All board members approved.

The Board members had previously agreed to send an email to our attorney concerning the legality of the Board approving the replacement of the stove in the kitchen. Rhonda read the reply to that authorized email sent to Attorney Peyton last week. His reply stated that it the proposed purchase of the stove could be presented to board and approved at a regular meeting. A second, unauthorized email, was sent to Attorney Peyton by President King. Both emails and the attorney’s replies are attached to these minutes. The president tabled the motion until the next meeting.

Purchase of 28 chairs was tabled with Board approval until next meeting and should be included in budget process

A motion was made by Chad, seconded by Ted to purchase a window shade for pool and card room. After a vote of 2 yes and 1 no, the motion was approved. Ray Bender had previously volunteered to install the shade.

There was a motion to send a 2nd warning letter to 1 property owner by Ken, seconded by Chad and approved by the Board. The letter will be prepared by Chad and forwarded to Attorney Peyton for action. The President thanked all who have responded positively to the 1st warning letter.

A motion was made by Ted and seconded by Chad to put water restrictions in the newsletter so all know what days they can water.

Ted made a motion to wax the floor in keeping with the every 6 month maintenance schedule. The motion was seconded by Chad and approved by all board members.

Again open meeting to questions and comments from members of the Association

Lastly, a motion was made by Ken, seconded by Chad to adjourn and the meeting was adjourned at 8:15 PM

Authorized Email Sent May 7, 2003 to Don Peyton

Wednesday, May 07, 2003

To: Attorney Peyton concerning replacement stove.

From: Great Cypress Board of Directors

We have a meeting coming up on Monday May 12 and need an opinion from you before the meeting if possible. We have a Motion scheduled to be presented to replace our existing electric stove with a gas stove. Our documents say on Page 4 of the Declarations

Section 7. "Maintenance" Shall mean the exercise of reasonable care to keep within the common areas buildings, roads, landscaping, lighting and other related improvements and fixtures in a condition comparable to their original condition, normal wear and tear excepted. Maintenance of landscaping shall further mean the exercise of generally excepted garden-management practices necessary to promote a healthy, weed-free environment for

optimum plant growth.

Since we are replacing the electric stove with a gas stove, should this be considered a replacement or should it be part of the budget process next December and be considered a capital improvement?

Please email back your opinion, hopefully before Monday evening.

Thanks,

 

Rhonda King, Pres

Chad Reid, Sec.

Response From Attorney Peyton to 1st Email

Rhonda:
I interpret your email to mean that the Association itself, is replacing the electric stove with a gas
stove.  If this interpretation is correct, a favorable vote by the Board of Directors constitutes "written
consent" to the proposed replacement of the stove and installation of the propane tank etc., so long as that
vote is a part of the transcribed minutes of the meeting at which the vote took place.  The transcribed
minutes are, of course, in writing.
 
If I have misunderstood what is being proposed, please let me know.
 
Don Peyton
 

2nd Email to Attorney Peyton (unapproved by rest of board)
 

What has transpired is that at the re-scheduled annual meeting (to vote on the budget as it should have been done in December) an individual brought up the wanting to replace the electric stove and asked for a gas stove. There was no vote taken at the annual meeting. A couple of the board members and a couple of Association members agreed to this action. At our recent agenda meeting, the motion was brought up to acquire a gas stove for replacement. We have one board member on vacation, one gone North for the summer, one member gravely ill leaving one member against the stove, two for the stove and myself as President opting (up to now) not to vote on any motion unless it is a tie. I am afraid this motion will pass on the will of a few people without the consent of the Association as a whole. There has been nothing in the budget for this action (although
there is a general maintenance/replacement fund) and no vote by members of the Association. I think the interpretation of Association is misunderstood. Can this action pass with only two members of the Board of Directors giving a "yes" vote out of 4 required for a quorum for a meeting, can the President vote on this motion, or can the President postpone this motion until all Board of Directors are present? I understand the written consent portion, however, my concern is the motion being approved without the members of the Association having a vote in this matter. Is the Board of Directors considered the "Association" in this motion?

Thank You in Advance,

Rhonda J. King
President, Great Cypress Homeowners Association

Reply from Peyton to Rhonda’s second email

Sent: Monday, May 12, 2003 4:54 PM
Subject: Re: Attorney Peyton concerning replacement stove

Rhonda:

I think you should table this matter until it can be considered by the entire board.

Don Peyton