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DRUM POINT VILLAGE WEST HOMEOWNERS ASSOCIATION

Minutes of the Fiscal 2003 Annual Meeting of the Homeowners

April 4, 2003

BOARD MEMBERS PRESENT: Robert Martin (President), Dolores Tappert (Vice President), Edward Kocher (Treasurer), Paula Groppe (Secretary), Gene Ann Pesano (Trustee & Covenants Committee Chair)

COVENANTS COMMITTEE MEMBERS PRESENT: Harriet Martin, Gladys Pfeiffer

HOMEOWNERS PRESENT: Denise Wucjiak, Mr. and/or Mrs. Richard Wade, Mr. and/or Mrs. Mathew Carrara, Mr. and/or Mrs. Ronald Curtis, John Casper, Mr. and/or Mrs. Brian Dillon, Mr. and/or Mrs. Daniel Balance, Mr. and/or Mrs. Fred Weintraub, Mr. and/or Mrs. Herb Armstrong, Mr. and/or Mrs. David Neumeister, Mr. and/or Mrs. Kenneth Bertch, Mr. and/or Mrs. Richard Gaynor, Mary Jane Ladinski, Mr. and/or Mrs. David Galas, Mr. and/or Mrs. Glenn Montiero, Mr. and/or Mrs. John Seaman, Ann Tierney, Mr. and/or Mrs. Saverio Camporeale, Mr. and/or Mrs. Mark Horowitz, Mandana Yazdani, Phyllis Ventrello, Mr. and/or Mrs. Peter Cerreta (of 39 MD), Francis Kelly, Mr. and/or Mrs. Joseph Madrigano.

HOMEOWNERS REPRESENTED BY PROXY: Judith Grady, Marie Campo, Mr. and/or Mrs. Richard Echevaria, Randy Abeles, Mr. and/or Mrs. James Eloe, Patricia Magee-Boyd, Mei Noguchi (6 units by proxy for Mei Noguchi), Ronald Dougard, Mr. and/or Mrs. Gregory Arcure, Cynthia Ross, Tracey Masucci, Carol DiPrisco, Carol Bailey, Julie Fox, Ronald Higgins and/or Leah Burry, Ms. LaRosa and/or Ms. Neadel, Kathleen Montanino, Lillian Hughes, Regina Kovaleski, Mr. and/or Mrs. Thomas D’Ambrosio, Mr. and/or Mrs. John Alexander, Lee Parker, Mr. and/or Mrs. Joseph Romano, Mr. and/or Mrs. Jason Najdzinowicz.

This meeting was called to order by Bob Martin on April 4, 2003 at 7:45 p.m.

• First Order of Business - Calling of the Role, Certifying of Proxies, and Proof of Notice of the Meeting

All the homeowners were told to sign the sign in sheet. Bob Martin wanted to start off the meeting with a salute to the flag and a moment of silence for our fallen servicemen in Iraq. Bob Martin reminded the group that all comments have to be limited to 3 minutes of speaking time because of the number of homeowners. Bob Martin also stated that there will be no comments unless it is solicited by the Board and the discussion will be handled mostly during the new business portion of the meeting.

Ed Kocher made a motion to waive the roll until balloting time. Paula Groppe seconded the motion. All were in favor. Unanimously approved.

All proxies were collected. No objections were raised by any Trustee or Homeowner as to the validity of any of proxy.

It should be noted that, after the date of the meeting, questions did arise regarding the proper handling of three proxies. As these proxies could not have affected the outcome of voting, no further action was taken.

Proof of notice of the meeting was provided in 2 letters: 1 letter was at the end of January - January 22nd a notice was sent to all homeowner's soliciting nominations for Board seats. Another package was sent out March 3rd that had the official notice of the meeting including the tentative agenda, which included a proxy statement and a proxy. Then within the last 48 hours, every homeowner in good standing was either e-mailed or telephoned advising them of the meeting.

• Second Order of Business - Approval of the Minutes

Bob Martin made a motion to approve the minutes of the April 5, 2002 Homeowner's Meeting. There were no objections by any homeowner. Unanimously approved.

Bob Martin made a motion to accept the minutes of the December 11, 2002 Special Homeowners Meeting. There were no objections by any homeowner. Unanimously approved.

At this point in the meeting, Ed Kocher made a motion to change the order of business to accommodate the time constraints of Mr. Priolo. There were no objections from any homeowner. Mr. Priolo’s comments can be found later in these minutes under New Business.

• Third Order of Business - Financial Report from the Treasurer

It should be noted that this report was provided on the basis of figures known at the time of the meeting – just four days after the end of the Fiscal Year.

Ed Kocher asked if everyone received a hand out for the financial report. Ed Kocher explained that pages 2, 3 & 4 are the regular financial statements that he prepares on a monthly basis. Ed Kocher then provides them to the Board of Trustees on a monthly basis and they are published on the website on a monthly basis. We also provide them at every Board meeting; if you attend a Board meeting, you would be offered financial statements to take with you, year to date. If you don’t attend a Board meeting and you would like a copy, either go on the website or call us or write us a note requesting same.

Balance Sheet:

This year we have approx $130,000.00 in cash as of March 31st. You will notice the 2nd line shows a significant amount of money that is due from the operating fund to the replacement fund. In effect it is cash, we have borrowed from the replacement fund for operating purposes. It's not money we have taken, it's money we have borrowed that we need to repay. Our total receivables are almost $6,000.00. One unit represents half of that. There is another unit that is somewhat in arrears, almost up to $1,000.00 that is expected to be cleared up in the next couple of months. The unit that owes us over $3,000.00 has been turned over to our attorney for collection. All the attorneys fees have been added to it. Ed Kocher expects a judgment to be entered within the next 3 weeks. Then, there is the process of actually obtaining the homeowner’s assets. It’s not pretty, but it’s something that has to be done.

Statement of Revenues, Expenses, and Changes in Fund Balance:

The next page shows the total income and our expenses. Ed Kocher stated that you will notice the blaring $38, 656.00 for snow removal which is for the entire winter. Our fiscal year just ended 4 days ago. So that was from April 1, 2002 to March 31, 2003. $29,000.00 of that was in the month of February alone. The President's Day storm cost approximately $18,500.00 which included removing the snow from the roofs. Our Insurance expense last year was approximately $14,000.00. This year we spent $18,300.00. The end of the next Fiscal year that will be in the $24,000.00 range. The reason it is happening in the middle is because our policies start on October 27th. So from October 27, 2002 thru March 31, 2003, we are paying a higher rate. The other figures are pretty much the same as they have always been with the exception of the sod, replacing 5 sidewalks during this Fiscal year (a total of 16 front walkways for the Miller units had deteriorated badly), $10,725.00 replacing the chimney caps on all the Miller units that were rusting very badly and staining the siding. Ed Kocher stated that those needed to be replaced or they would be leaking in 2-3 years. $1,465.00 for repairs on the siding of the Miller units – the very last invoice fell into this Fiscal Year. The siding project is now done and any excess funds have been returned to the unit owners. We spent $2,295.00 installing the fence behind building #10.

Statement of Cash Flows:

The third page is a statement of cash flows. It is not a terribly exciting page and there is not much to tell about it. The fact is that it proves that the cash balance on the balance sheet is what it is, this page proves that, and it matches up to our bank account balances as of 3/31/03.

Supplemental Information - Reserve Balances:

The next page beyond that shows what we have in reserves. As of the end of the year, we have $37,000.00 +/- in roofing, $6,500.00 in fencing, $7,200.00 in painting (Within the next 3 years we will end up painting all the garage and front doors again which will cost around $15,000.00 for the whole thing), we have $16,000.00 for driveway and walkway replacement, the pool recovery fund is money that had been spent on behalf of the Miller units for recovering funds from the Mignatti Companies for the pool, that is legal fees and engineering fees that were spent during the period. That will be deducted from any settlement from Mignatti. We have $20,846.00 for siding replacement (hopefully we are not going to need that for another 30 years, but when it does come we should have plenty of money to do that without need for special assessment), we put $5,000.00 into well drilling several years ago, but we do not know for sure if we are definitely going to do that and we don't know if we can get a permit at this point. As Ed Kocher explained in the past, the cost of installing a well is much higher than we originally anticipated because of the inability to get the proper type of electric supply to the location where we would need to drill the well. That is still up in the air. We have $49,252.00 in the general replacements, which is money that we have put aside for all other replacements that are not specifically identified and not specifically anticipated. If you are to read the footnotes to the audits there is a whole paragraph or two in there about the fact that this Association has never performed a study to determine the remaining useful lives of the common elements.

FY2004 Budget:

The next page is the Budget for FY2004. If you were to compare last year’s to this year’s, the only major difference you would find would be instead of $9,000.00 for water, we have $11,000.00 for water and instead of $14,000.00 or $15,000.00 for insurance, we have $23,800.00. Other than that our costs have really not increased on any particular item. As far as the assessment increase, those two items alone make up the total of the $10 a month extra maintenance – it went from $125 to $135. That extra $10 covers the increase for insurance and the increase for water with about $300 left over.

General Comments and Homeowner Questions:

• Mandana Yazdani asked a question about what fence they were talking about in the replacement funds. Ed Kocher stated that it was a fence between us and the neighborhood behind us. Ed Kocher stated that it was to run at the edge of the property behind building #10, it was a fence that is 235 feet long. It is the fence that the kids keep knocking holes in and we keep fixing and repairing it. It was basically to keep people from the people from the other neighborhood out of our neighborhood.

• David Galas asked what the reason was for our insurance to be raised. Ed Kocher stated that one reason is because we have a history over the last year and a half of increased claims and only one of those was paid out which was a slip and fall by a homeowner. Another reason is because a unit owner has made claims against us for claims of personal injury due to the presence of mold in the crawl space and other than that, insurance rates in general have gone up, commercial insurance especially have increased dramatically. We went up about 75-80% while other condominiums have gone up 100%. The other thing is we tried to shop for policies about a month and a half before the policy was due to expire and no one was interested in even giving us a quote.

• In response to Fred Weintraub question about the replacement fund, Ed Kocher stated that on the balance sheet, the replacement fund right now is $111,147 in cash in the replacement fund for example. We actually have a total fund of $137,032 but we owe that $25,885 back to them. The only way to determine the current fund balance is to take what happened this year and compare it to last years fund balance and take the difference of the two. Usually you are adding these together but in this case, since we have a deficit, we are subtracting. When we are done with everything we are short and we need to make it up to the point that we have a fund balance where we can operate and not have to worry about where the cash is coming from because technically what is in the replacement fund, if at all possible, should never be touched except for the purposes of replacing physical plants, physical real estate. Ed Kocher stated that the ideal number for the Operating Fund Balance should be a positive $15,000 at the end of the Fiscal Year.

• John Casper had a question about legal fees. He wondered why it went from $3,000 to $8,500? Ed Kocher explained that there is $3,360 that was regular operating expenses of legal fees. That would be regular day-to-day counsel. There is also the $5,190 that is legal fees paid to our special counsel who is working on getting our money back from Mignatti on the pool. Ed Kocher stated that he keeps that in the replacement fund simply so it is divided out separately and it is very clear that it is a separate item. So the $3,360 is what we would have normally spent on day-to-day operations. The $5,190 is what we spent specifically on legal fees for recovery of pool funds.

• John Casper wanted to know how many attorneys we currently have and what are the purposes for them. Ed Kocher explained that one is special counsel specifically for the purpose of recovering the money for the pool. Another attorney is our collection specialist and we are not actually billed for anything from this attorney. The only reason we have him is that we have one unit that is $3,000.00 + in debt to us and is not showing any signs of paying us anything. All legal fees for this purpose are collected from the debtor, and the attorney works on a contingency basis and all his money comes out of anything he collects. He adds a third of the debt to the homeowner’s bill for his legal fees. If he collects nothing, he gets paid nothing except for maybe filing fees at $75.00. If he collects the money, then one third of the total amount owed (including legal fees) is what he keeps. When we turn over the collection to him, we are, in effect, writing off 11% of the debt.

• Joe Madrigano had a question about the snow removal budget line item. Ed Kocher stated that he budgets for three 4" snowfalls, and that we would normally spend between $9,000.00-11,000.00 per year for snow removal. That is for the entire 95 units – all the roadways, parking area, driveways, walkways, etc.

• Ken Bertch wanted to know about reimbursement from the Township for snow removal. Ed Kocher said that he believes this year’s reimbursement for snowfall would only be in the neighborhood of $400.00-500.00. Last year we received $170.00 reimbursement. Ed explained that this is the amount they are legally required to reimburse to us, although it is only a very small portion of our actual costs.

• Fourth Order of Business - Reports from the Trustees

None of the trustees had any reports.

• Fifth Order of Business - Report from the Covenants Committee

Gene-Ann wanted to give everyone a little background. Up until about 2-3 years ago, there was not a Covenants Committee, nor was there much of an effort to enforce the restrictions of rules that had been adopted and accepted by the homeowners of this Association. This year the Committee got together and we worked in earnest to try and enforce those restrictions to try and help to create visual harmony and the quality standards that were set forth in the restrictions. To that end, in mid September we inspected all of the units and then presented all of our observations to the Board of Trustees. 28 violation letters were sent out in the end of September. We re-inspected the violating units on November 11th and 6 units were still found to be in violation of our restrictions. We met with the Board again and those 6 unit owners were sent a second violation letter and were fined $15.00. Due to inclement weather and the holidays, the next inspection of those final 6 units was not performed again till mid December, at which time all of the units, except 2, were now in compliance. Starting January 26th of this year, those 2 units were fined each day for the violations that continued. One of the 2 units came into compliance shortly after the fines began. The other unit had requested ADR. The ADR had been accomplished and the last unit owner agreed to come into compliance with the restrictions and this will be accomplished by May 1st. During this time period, we also sent out about 10 letters to homeowners about garbage cans being left outside. It seems to be a progressive problem. 3 units out of the whole entire 95 required a 2nd letter which was a reminder to please put your garbage cans in, and it seems like the problem has been somewhat resolved. We are not finding garbage cans being left out again. We feel as if we had made some progress there. We are scheduling our next inspection for early May. It is the goal of this Committee to try and uphold the by-laws that were adopted and accepted by the homeowners of this Association.

• Sixth Order of Business - Old Business

o Parking:

Bob Martin stated that unfortunately he found out that we are going to be losing quite a few street parking spaces. The Fire Department would mandate fire zones being put in. We met with them 8-9 months ago and we tried to convince them that we need more and tried to get them to bend a little bit and it pretty much did no avail in contact with them. As far as Bob Martin can tell, we are going to lose some areas in the cul-de-sac, at the end of Manhattan Drive and especially on the curves and right around fire hydrants. Bob Martin advised everyone not to park in those marked areas because the Township is adamant about it. Bob Martin stated that another alternative would be to allow the Township to come in and pass an ordinance (allowing us to give them permission to enforce laws on our private property which they do in shopping centers, etc.). Either way the Fire Department would probably be eliminating 25-30 parking spaces on the street. Ed Kocher said that if push comes to shove and we all send you a nice invitation that says would you like to come back to this room while other people are sitting here, and let them know your opinion on it, we would be most grateful for your support.

Ed Kocher explained that people are parking cars on the street for 3 months at a time and they are not moving them. We can't have it. People are coming home and parking on the street as there first resort, leaving there garage empty and there driveway empty. It shouldn't be happening. Your garage should be first if it is not filled with stuff. Your driveway should be second. The street should be last.

o Underground Drainage Pipe Repairs on Manhattan Drive:

Anyone who lives on Manhattan Drive is well aware that they dug up that street, they patched it improperly. The Township came in and dug up a pipe that had collapsed and they replaced it. The 2 drainage basins are now connected. The Miller side goes to the drainage pit behind the Miller units and the Mignatti and the rest of the place goes to the big pit out by Drum Point Road. The two are connected, and if we got so much water that both pits are filled, now that they are connected properly, there is an emergency drain off into the public sewage supply from the drainage pits at the front. According to the Township, our master plan for the 100-year flood pits is now properly addressed.

o Web Site:

Ed Kocher asked for a show of hands of all the unit owners that have been on the website. Ed Kocher reminded everyone that it is www.dpvw.com for Drum Point Village West. Ed Kocher explained that the website is used for a number of things:

1. Minutes go on the website once they are approved.

2. Financial statements are put on the website.

3. There are major announcements listed.

4. There are frequently asked questions.

The website is being put up for about $50.00 a year.

• Seventh Order of Business - Review of proposals

Ed Kocher wanted to go over the proposals that were on the Proxy statement. Mandana Yazdani wanted to know what the proposals were for. Ed Kocher explained that the first proposal was to redefine snow removal. Right now on the master deed there is simply a line that says the Association will maintain all streets and driveways including snow removal. That is the wording that is the basis for snow removal in our Association. It doesn't state anything other than the streets and driveways. Basically we are expanding on it greatly and basically saying whenever it snows over 2" we will take care of it. If it is less than 2", it would be the homeowner's responsibility. When it snows more than 2" and we shovel, we will put down salt on the driveways and the walkways. It also says clearly that we will not remove snow from patios. Any vents that had to be cleared from snow are the responsibilities of the homeowner. Tammi Horowitz asked about the roads. Ed Kocher explained that, technically, the roads are the Township's responsibility.

Ed Kocher explained that Mrs. Bertch proposed that we basically eliminate the restrictions to the number of flowerpots that can be placed on limited common elements. The Board is opposed to this. However, if you are opposed to the Board's opinion, by all means you can let your feelings be known when you vote. The limit of flower pots per the master deed is 8. If you feel the need to put more things out, talk to us and we can see if we can work some thing out. If you have no other exceptions we are very likely to approve that. It can't be bigger than 4 foot tall including its contents. It either has to go on your patio, your driveway or your front walkway. It can't block pedestrians or block your car getting into the driveway. That limits it to what the size it can be as well.

• Eighth Order of Business - Appointment of judges for elections

Dave Neumister and Phyllis Ventrello volunteered to be judges for the voting at this meeting. There were no objections from any homeowner present. Gene-Ann Pesano stated that in order to carry a change to the master deed and by-laws, it requires a 2/3 majority of all of the homeowners in good standing. For our purposes that number is 60. So, for either of those proposals to carry, there would have to be 60 votes in favor.

• Ninth Order of Business - Nomination of additional candidates

Ed Kocher stated that John Casper and Denise Wujciak have been nominated by proxy and they have both received more than 2 votes required for nomination by proxy. John Casper accepted his nomination. Denise Wujciak also accepted her nomination. Ed Kocher explained John Casper and Denise Wujciak are both valid nominees for the election. Ed Kocher asked if there were any additional nominations from the floor. There were none. Ed Kocher then stated that, in addition to Robert Martin and Dolores Tappert, John Casper and Denise Wujciak are candidates and their names could be written in on the ballot forms.

• Tenth Order of Business - Election of (2) Trustees and voting on proposals

Ed Kocher and Bob Martin distributed the ballots and verified that ballots were only distributed to those homeowners in good standing. The voting then commenced.

David Neumister and Phyllis Ventrello tabulated the votes, and were thanked for acting as judges. Paula Groppe certified the vote total and read the results into the minutes:

Voting on Proposals:

		Voting by ballot	Voting by proxy	Total votes cast
Snow Removal:	For	25	25	50
	Against	5	3	8
Flower Pots:	For	8	3	11
	Against	22	25	47

The election for the members of the Board is as follows:

	Voting by ballot	Voting by proxy	Total votes cast
Robert Martin:	25	27	52
Dolores Tappert:	18	22	40
John Casper:	11	3	14
Denise Wujciak:	6	3	9

Paula Groppe stated that Robert Martin and Dolores Tappert have both re-elected to the Board for another 2 years. Both were congratulated. John Casper and Denise Wujciak were both thanked for running.

• Eleventh Order of Business - New Business

o Miller Unit Drainage Project:

As per a motion made from the floor, in order to accommodate Mr. Priolo's time constraints, this portion of new business was addressed near the beginning of the meeting.

Jim Priolo of Birdsall Engineering was in attendance at this meeting for the benefit of the unit owners, especially for the benefit of the Miller unit owners to discuss the current status of the drainage project and to potentially answer any questions that you have.

Jim Priolo stated that the Department of Public Works had came in this Fall and installed drain pipes to take any of the roof drainage underground. That work was substantially completed with the exception of the front yards. However, we are still going to come back starting this month and re-visit what was accomplished. There is some restoration that needs to be done as far as seeding or top soil. What was done in the Fall was a temporary stabilization and they were just in recently to put more seed and topsoil down. We are going to re-visit that and finish that portion of the project. About our final inspections, we have to run some additional drains into the window wells where some of the vents are into the crawl spaces. If any of the homeowners have concerns regarding that work that was done, it is still open. Jim Priolo stated that the work is still not completely done. A walk thru is going to be done next week or the week after. The front portion we've come up with about 4 or 5 solutions to try and get the roof run off that comes into the front yards out to the street. A number of alternatives & cost estimates were provided to Mr. Mac Fadden. Jim Priolo feels that at this point, those will be presented to the homeowners through the Association. The alternatives range from re-aligning gutters on buildings (which was one option), to taking out another step so we don't have the runoff problem under the driveways to actual collection and piping out into the road. There is a number of alternatives and we are actually studying these now.

Jim Priolo stated that he has been talking to Ed Kocher about the crawl space inspections and as far as coordinating goes, his office is ready to start with the permission slips. Jim Priolo stated that their approach is going be to try to see 4 units per day based on everyone's schedules. Jim Priolo stated that those will be visual inspections done by an engineer who is a qualified building inspector who has done home inspections. What he is going to do is go in the crawl space, perform an inspection as he would anybody's basement.

Jim Priolo stated that regardless of the crawl space, the buildings were built too low. There is not enough pitch from the edge of the building, away from the building. The first step in his opinion would be to get the water away from the building whether you have a problem or not. Our first attempt was to take all the roof drains and tie them into a system and got them out. Again, regardless of the crawl space, Jim Priolo suspects the Public Works Department may have missed some areas. If you go into crawl spaces and find further drainage problems they need to be addressed with even more drainage down the road and we will again add onto that. That is the approach Jim Priolo wants to take. The window wells were supposed to be dug out, drain pipes were supposed to be hooked up to the bottom of that hole and stone was supposed to be put in them.

Phyllis Ventrello of 30 Manhattan Drive wanted to know who this work was performed by. Jim Priolo stated that it was performed by the Town's Public Works Department. It was in house staff and in house personnel.

After making his presentation and answering questions, Mr. Priolo left the meeting.

o Pet Ownership and Responsibility:

Gene-Ann stated at the January meeting the Board proposed adopting some new rules, one of which was the garbage can rule, which had already been passed.

Gene Ann stated that what initiated our desire to adopt some kind of rule on pet ownership was simply the fact that there is dog poop all over the place (on people's driveways and on people's yards). It is probably not in everyone's best interest to pass a rule with that level of objection. As you can imagine people get very emotional about there pets and anything you have to say about their pets. The way we left it was that we adopted the garbage can rule with 1 objection to that. What the Board would like to do is get a committee of homeowners (a committee of 4), with 2 pet owners and 2 non-pet owners and ask that committee to work on a problem and see what they can come up with that would be acceptable and solve the problem. Gene-Ann asked if there is anyone here that would be interested in volunteering for such a committee and have a proposal to the Board by the next Board Meeting.

Non-Pet Owners: Fred Weintraub

Herb Armstrong

Pet Owner: Phyllis Ventrello

John Casper

Everyone was thanked. Gene-Ann asked for the four committee members to get together before the end of this meeting to pick a chairperson. Gene-Ann stated she has a whole bunch of information that she has gathered to help them get started.

o Privacy Fence Request

Mandana Yazdani asked about the privacy fence that she wanted by her unit. Bob Martin stated to Mandana that she was given an opportunity to have ADR. Mandana stated that she did not have time to respond to that letter. Bob Martin said that it will be discussed at the time she replies to that letter. Mandana wanted to know why the other fence was installed but she cannot have hers. Bob Martin stated that the other fence was for the whole community, not just one unit owner. Ed Kocher said that it would be dealt with at ADR.

o Landscaping and Irrigation:

Mandana Yazdani mentioned that there is a spot in the front of her patio where the lawn is completely dead because there is no sprinkler. Ed Kocher said that there is improper irrigation there just like "the pit" at the front of Drum Point Road where all the sod died. That whole pit is not irrigated. The Township made Mignatti come in and put new sod in there and we told the Township when they did it, that it will be fine only until about June 2003 when it dies again because there is no irrigation. This year our intent with working with the Township on irrigation is not only to solve that problem but to solve the several other areas. For instance, there is a spot behind Ed Kocher's unit that gets no irrigation along with other spots. There is no date specific for this. Right now is peak season for sprinkler system people. We need to get it repaired to be able to turn it on. It has to be done the latest by May or we will be looking at the same crappy lawns the whole year.

Bob Martin stated that we will have the landscaper locate dead and dying bushes and they will be replaced.

o Traffic Control and Parking:

Jennifer Galas asked about speeding. Ed Kocher said that the attorney said that it was not a good idea to put in speed bumps because the Fire Department would not allow us. Ed Kocher also said that the Association could put in their own speed limit signs and the Association can enforce the speed limit but no one here wants to be the traffic cops out there writing down license plates. Bob Martin said that he is going to investigate the speed bumps again.

Ed Kocher mentioned that they are also thinking about putting up dog waste signs especially in the areas where we have the most problems. At both entrances there is a "Caution - Slow - Children at Play" sign on Manhattan Drive but not on Black Fox Trail that the Board is thinking about installing. A member asked why we did not make a parking lot where the pool was suppose to have been built. Ed Kocher stated that the Board could see about making extra parking on the un-built land, but it would cost a lot of money because we would need to clear out the trees. It is not just the Board deciding to raise $20,000.00. The Association would have to get a lawyer and go in front of the Board of Adjustment.

A homeowner asked who owned the land to the East of the property and whether that could be used for parking. Ed Kocher stated that right now it is “owner unknown in care of Brick Township.”

o Status of Pool Removal:

Herb Armstrong wanted to know what the status of the pool was. Ed Kocher said that the pool and Mignatti is basically where we were the last time we had a Board meeting. Mignatti is offering us $70,000 which he feels is the same amount of money he felt he offered us when we signed the agreement, but it was not in the agreement because the Board members at the time insisted that that number be taken out because we knew it was worth significantly more than that. We now feel that the cost of building the pool and the facility is in the neighborhood of $600,000. The present status is that our attorney is trying to get Mignatti simply to come to the table to talk and that is not going well. If we don’t have a meeting date set within the next 2 weeks, we are going to litigate. All Trustees were in favor. The cost of litigation is a lot of money. The Board does not want to accept Mignatti’s $70,000 offer. Ed Kocher did say that any kind of settlement offer that is put on that table that is more than $70,000, the Board of Trustees will come back to the original 47 Miller unit owners of record in 1999. We will put it to them and say to the 47 unit owners, do you want to accept this offer or not because it is not a decision the Board of Trustees is going to make on your behalf. If Mignatti does agree to set a date to meet, the current Board of Trustees, plus all the Board of Trustees members that were on the Board in 1999 when the agreement was signed would attend the meeting. If we don't get that date within two weeks, Ed Kocher said he is just going to tell the attorney to file because this means that Mignatti is obviously not interested in talking at all and it wouldn't get anywhere even if we did sit down. The thing is, it is better to go into litigation and say to the Judge we attempted to settle this legally without the need for litigation than it is to just rush in. Mignatti is saying that he only owes us for a pool and a building on un-cleared land. Mignatti doesn’t think that he owes us a parking lot, clearing of trees, a fence , a concrete deck around the pool, any curb around the parking lot, any grass, any trees, a hook-up for water, a hook-up for sewer, any playground equipment, or a playground or anything. Mignatti wrote the agreement and we made modifications to the agreement. The way he wrote it, we feel he confused the Board Members as of that time. Mignatti is saying that he owes us $70,000 because if he had developed land that was cleared, he could put in a pool and build the building. Ed Kocher said that you could not even do that for $70,000. The pool is not being built. 45 of the then existing unit owners voted against the pool, and we only needed 66% to do it and we have 95%. That was back in 1999. In 2001 the Board of Adjustment approved our change. It is the Mignatti unit owner’s contention that it will not cost them a dime in this litigation because the benefit only goes to the Miller unit owners. Ed Kocher agreed that this is the intent, but stated that there is the potential possibility that we go into court and we get nothing, then we are all stuck with the bill for legal fees, because it would be very difficult to collect this from the former unit owners.

o Buffer behind Building 9:

Lynn Monteiro wanted to know the status of the buffer. Ed Kocher said that this is something that we have to deal with Mr. Priolo about. The bond has still not been released and as far as we know, engineering told Mignatti they have to build that buffer because they over cleared the land. The trees behind that land were not supposed to be cleared therefore, they have to come in and put up a buffer at their expense.

• Twelfth Order of Business - Motions for voting by the Board of Trustees

o Selection of Landscaper:

Ed Kocher said that we solicited bids from our current landscaper and 2 others. Our current landscaper, George Morano gave us an identical contract to what we had before. His price is the same - $26,150.00 for a base contract. Bill Byrd's Landscaping for a similar contract is $29,000.00. Hollywood Landscaping for a similar contract is $31,000.00. Neither Bill Byrd's Landscaping or Hollywood Landscaping are interested in doing any kind of snow removal here. So we would have to get another contractor. On that basis, Ed Kocher made a motion to resign the contract with George Morano starting April 1, 2003 to March 31, 2005. Gene-Ann seconded the motion. All were in favor. Unanimously approved.

o Selection of General Counsel:

Ed Kocher stated that we have lost our general counsel because he moved out of state because his wife got an offer that she could not refuse. He now lives in the state of New Hampshire. We need a new general counsel. Ed Kocher and Gene-Ann Pesano interviewed a general counsel almost 2 months ago who's name is Ed Fueri. He works for the same firm that Steve Kotzas is in. He's up counsel for that firm. He represents several condominiums which is basically what he specializes in versus our old lawyer that specialized in construction. Gene-Ann and Ed Kocher both liked him very much. Ed Kocher did not have a specific price for retainer. His hourly rate is $200.00. He is interested in doing retainer that would encompass more things and would be less than $200.00/hr. But initially Ed Kocher would at least like to for the interm until we have the opportunity for all of us to sit down and discuss our needs and how many meetings he would attend so he could give us a formal proposal. We need a counsel for now in case something comes up and Ed Kocher made the motion to retain him as general counsel at a rate of $200.00/hr until such time as we can sit and negotiate a retainer. Dolores Tappert seconded the motion. All were in favor. Unanimously approved.

o Snow Removal Deficit Assessment:

Ed Kocher said that we have a deficit of $25,363.00 +/- for the fiscal year just ended. Ed stated that the major cause of this deficit was snow removal expenses. Ed stated that in many condominiums in northern New Jersey, all snow removal costs are passed onto the homeowners at the end of the year as a special assessment. Ed explained that our Master Deed allows the Board of Trustees to increase assessment in years in which the current assessments are insufficient to cover the expenses for the year. Ed made a motion for a $240 per unit deficit assessment (totaling $22,800) payable in 3 equal installments of $80 during the months of May, June and July of 2003, booked retroactively as revenue as of 3/31/03, and shown on the balance sheet as assessments receivable.

A lengthy discussion (almost 30 minutes in length) ensued between the homeowners and the board. There was much disagreement as to what should be done. Some suggested that the homeowners should not have to pay at all and that the Board should have anticipated the amount of snowfall we had. Others suggested that this money should come out of the replacement fund. Others agreed with Ed, that the only choice was an assessment. A homeowner asked what would happen if we had large amounts of snow next year. Ed replied that the money would have to be raised to pay for snow removal. Ed suggested that we could start an operating reserve from snow removal surpluses in future years, but cautioned that this could take many years to create a reserve adequate to handle the amount of snow received this year.

Gene Ann Pesano made an amendment to the motion to make the assessment payable in 6 equal installments of $40 during the months of May, June, July, August, September and October of 2003. Ed Kocher amended that motion to also create an operating reserve from any funds budgeted for snow removal in future years that was not actually used for snow removal. This money, if any actually existed, would then be reserved for those years where snowfall exceeded that which was anticipated in the budget. Ed also amended the motion to state that if a unit owner sold their property prior to paying for their portion of the snow deficit assessment, then the full amount form their unit would immediately be due. Paula Groppe seconded the motion as amended. Unanimously approved.

• Thirteenth Order of Business - Adjournment of Meeting

Bob Martin stated that the next meeting of the Board of Trustees will be held on May 7, 2003 at 43 White Swan Way, and that all homeowners were invited to attend.

There being no further business, the meeting was duly adjourned by Bob Martin at 10:55 p.m.