DRUM POINT VILLAGE WEST HOMEOWNER'S ASSOCIATION

Minutes of the Board Meeting

May 7, 2003

 

 

Board Members Present:  Paula Groppe, Edward Kocher, Robert Martin, Gene-Ann Pesano.

 

Covenant Committee Members Present: Harriet Martin, Gladys Pfeiffer.

 

Homeowner's Present:  Lynn Monteiro, Lori Gaynor, Rich Gaynor, Ken Bertch

 

Ø      Bob Martin called the meeting to order at 8:01 p.m.

 

Ø      Ed Kocher made a motion to approve the Drum Point Village Minutes of the Board Meeting for February 27, 2003. Gene-Ann Pesano seconded the motion. All were in favor. Unanimously approved.

 

Ø      Gene-Ann made a long list of landscaping remediation during a walk through inspection with the landscaper. This will be taken care of after the sprinklers are up and running properly.

 

Ø      Gene-Ann stated that we have hired Brinkman for the sprinklers. They are currently working on the system and they should have the sprinklers up and running  by the end of this week.

 

Ø      There was considerable damage done by the trenching that the Township did, which while they denied they did it, Brinkman said that the wires were pulled right up in the trench. Apparently Brinkman has all the zones hooked up again.  We can start soon on: remediation of lawns, replacement of trees and shrubs and treating for weeds.

 

Ø      Ed Kocher stated that the Township did reimburse us $538.00 for the wire damage to the sprinkler system.

 

Ø      Bob Martin also stated that we did have a walk-thru with the Township Engineer, Jim Priola and they promised to re-seed the areas that they dug up.

 

Ø      Ed Kocher made a motion to waive the reading of the Actions of the Board. Paula Groppe seconded the motion. All were in favor. Unanimously approved.

 

Actions of the Board

February 27, 2003 to May 6, 2003

 

v      Landscaping

Ø       Spring clean up performed by landscaper. Landscaper has been advised to remove rubbish from several areas of the property.

Ø       Initial Spring fertilizer applied to lawns. Additional seeding, pre-emergent treatments and dandelion treatments cannot be performed until the sprinkler system is fully operational

Ø       An inspection tour was conducted with George Morano to identify tree and shrub damage due to the drought and winter damage.  A long list was made of items to be replaced and/or repaired and as soon as the sprinklers are running, this list will be addressed one building at a time. Many, if not all, of these shrubs are to be supplied by Mignatti. Working with township to coordinate.

Ø       Identified three water main breaks in the irrigation system. Coordinated repairs of the main with the township. Township completed repairs to the main. Sprinkler system charged. Only 2 of 32 valves are operational as of 5/5/03.

Ø       A new sprinkler company has been engaged and is repairing and starting up the system. The system should be operational by 5/9/03. Once the sprinkler system is operational, the sprinkler company and the Association will identify areas that need expansion.

Ø       Identified a tree that is cutting into a driveway. Tree specialist called to remove the tree, inspect a pear tree that apparently is dying, grind and remove a stump near the front entrance.

 

v      Siding

Ø       Mignatti gutter replacement put on hold until the township provides an acceptable solution for the fronts of the Miller units. A similar approach is likely to be used for the fronts of the affected Mignatti units.

 

v      Drainage Project

Ø       Walk through inspection conducted with Twp Engineering Dept on 5/5.  Items still outstanding:

·         Township to repair lawn areas that were dug up. Township parks department to complete repairs once sprinkler system is repaired

·         Association to invoice township for repairs to irrigation system caused by digging

·         Township to create French drains beneath many of the rear well vents on the Miller units and install drainpipes from those drains to the drainage system.

·         Township to connect front leaders on Miller end units to the existing drainpipes.

·         Township to submit plans for remediation of fronts of the rest of the Miller units.

·         Township to re-check several patios for proper pitch.

·         Association to supply Township with list of initial inspection dates for Miller crawlspaces

 

v      Covenants Committee

Ø       Letters sent to 2 homeowners who are consistently parking on the grass next to the driveways.

Ø       Letter sent to homeowner requesting that dead trees planted by the homeowner be removed or replaced

Ø       Letter was sent to the owner of a rental unit asking that the owner speak to the tenant about the car parked on the street for many months and not moved.

Ø       Another owner was contacted about tenant having a van parked in the off street parking and not moved for many months.  The van has subsequently been moved into the tenant’s driveway.  The tenant states that the van will be sold in the near future.

 

v      Pool Removal

Ø       Mignatti refuses to meet with us to discuss this matter at all. Our attorneys are filing suit. Once filed, all affected current and former homeowners will be advised and updated.

 

v      Miscellaneous

 

Ø       Completed a four-hour ADR hearing with a homeowner. Tentative agreement reached and fines tentatively reduced. Awaiting signatures by all parties, corrective action by homeowner, and property inspection by mediator. The Association has already completed the work it agreed to perform in order to meet one of its obligations under the ADR agreement.

Ø       Mr. Pepe was here in mid-April to perform various repairs and painting tasks. A few tasks still remain.

Ø       Bob Martin repaired lights at the main entrance. Bob also repaired the topping of the flagpole.

Ø       New flag was purchased and put up.

Ø       Multiple garage door repairs have been identified. Repairs were started on 5/5/03.

Ø       Identified a construction defect in a Miller Unit. Arranged for repair to be completed by 5/15/03.

Ø       Published and distributed April 2003 newsletter.

Ø       Fielded more than 70 phone calls from owners, vendors, attorneys, banks and mortgage companies.

Ø       Fielded more than 250 e-mails from board members, owners, vendors, attorneys, banks and mortgage companies.

Ø       Contacted Ozane to explore possibility of global pest control contract. Waiting for quote and recommendations from Ozane

Ø       All County Aluminum instructed to complete multiple roof and aluminum coil repairs. Repairs completed on 4/24/03. One additional repair remains to be completed.

Ø       Transcribed minutes from February Board Meeting.

 

v      Web Site

Ø       Added FY2003 unaudited financial statements to web

Ø       Added FY2004 budget to web

Ø       Added appeals procedure to FAQ page

Ø       Added results of annual meeting to web

Ø       Added April 2003 newsletter to web and archived old newsletter

Ø       Changed date/location for next board meeting

Ø       Added February’s Actions of the Board to web

Ø       Added Garbage Can/Recycle Bin rule to web

Ø       Updated pie graphic for FY2004 budget

Ø       Added April 30, 2003 unaudited financial statements to web

Ø       Added January minutes to web

Ø       Updated status of FY2002 and 12/11/02 minutes on web

 

 

v      Financial

Ø       Prepared and distributed account statements for all 95 units.

Ø       Prepared final unaudited financial statements for FY2003

Ø       Completed field work with auditor for FY2002 audit

Ø       Started field work with auditor for FY2003 audit

Ø       Opened two new bank accounts at Ocean First Bank.

Ø       Final Certification of Proof prepared and signed for suit against a delinquent unit owner. Judgment expected within 30 days. Asset collection procedures to follow.

 

v      Annual Meeting

Ø       Prepared Proxies and Proxy Statements and mailed to all homeowners

Ø       48 hours prior to meeting, followed up with all homeowners via e-mail and/or telephone reminding them of the meeting

Ø       Held meeting on April 4, 2003

Ø      Initial compilation of minutes of annual meeting completed.

 

 

 

Ø      Bob Martin stated that on Monday, Jim Priola, the Township Engineer, and Larry Marcy, Foreman of the Road Department that did the trenching and drainage project behind the buildings on White Swan Way met with Gene-Ann Pesano, Bob Martin and Ed Kocher and they went over quite a few of the things they did and didn't do and asked them to include in their drainage project the vent wells.

 

Ø      A homeowner previously stated something about BOCA code as far as the radius of the well vents.  The Township has informed us that there is nothing in the code that specifies a certain radius.

 

Ø      The Township promised to repair the lawns that were dug up.

 

Ø      Bob Martin stated that we do not want the lawn repaired until after the sprinkler system is up and running. The Township agreed to pay for the damage to the irrigation system. We will pay Brinkman to repair it and then we will forward the bill to them.

 

Ø      The Board discussed hooking the front leaders to the existing drainpipes. They did that on the end units of each of the units involved and Bob Martin suspects they are going to do that.

 

Ø      The Township also talked about the center drains between the two common driveways.  The plan that they propose to submit to us will be the creation of a shallow swale to go down to the street.  This action should eliminate the drainage problem such as water and ice that collects down the center of the driveway.

                       

Ø      The Township is also going to re-check several patios for the proper pitch. Some patios drain towards the house.

 

Ø      Crawl Spaces will be inspected by the Township. The Board will be contacting the Miller side unit owners to arrange access for inspections and then supply the Township with the dates.

 

Ø      Ed Kocher passed out financial statements for the first month of the Fiscal Year, April 30, 2003. That includes check detail from February, March and April. The only thing that really looks out of line on this is the assessments receivable which is very high right now. It is $23,450.00 a month which is mostly due to the fact of the deficit assessment on March 31st. The only other thing is that there is a negative figure under irrigation. Ed Kocher stated that we have spent several thousand dollars in legal fees for the pool. Bob Martin made a motion to accept the un-audited financial statement. Paula Groppe seconded the motion.

 

Ø      Ed Kocher stated that Mignatti would not sit down with us after he stated that he would.  Mignatti did not respond to our attorney’s letter to meet and discuss our problem. Two weeks ago an attorney in Toms River representing Mignatti contacted us and stated that $70,000.00 is our final offer and "It would be premature to file suit at this time." Our attorney thought it was totally bogus. Meanwhile at the April 4, 2003 meeting, the Board of Trustees had agreed that if Mignatti would not give us a date to meet within 2 weeks of April 4, 2003, we would file suit. Accordingly, Ed Kocher advised the attorney to file suit. Ed Kocher does not know how long it will take. When we do file, letters will be sent to all the effected existing or pre-existing homeowners that we filed suit.

 

Ø      Gene-Ann Pesano stated that the Covenant's Committee is going to be doing an inspection within the next 2 weeks. Bob Martin asked Mrs. Martin, Mrs. Pfeiffer and Mrs. Pesano if they were willing to serve again on the Covenant's Committee. All agreed that they would do so. Bob Martin explained that the Covenant's Committee is a separate committee that is in charge of checking the units to see if they are in compliance with our rules and regulations in regards to planting, etc. Gene-Ann Pesano said to read your newsletter. Master deed restrictions explain what the Covenant's Committee members do there. Paula Groppe made a motion that we accept the members of the Covenant's Committee for term of April 1, 2003 to March 31, 2004. Ed Kocher seconded the motion. All were in favor. Unanimously approved.

 

Ø      Ed Kocher stated that a homeowner sent out a petition that was not mailed to all unit owners. Unit owners should sign and identify themselves if they are making a petition  or if they are encouraging  same to be done.

 

Ø      Ed Kocher's opinion is that some of the information in the petition is not factual. Our Master Deed states that the sole right of the set revenues is in the hands of the Board of Trustees. Ed Kocher cannot find a law or a case law that says 2/3 of the homeowners can override the decision by the Board of Trustees. Ed Kocher stated that in his opinion what he thinks could be done is that if 2/3 of the homeowners wish to modify the master deed they can call Ed Kocher for that purpose if 50% of the homeowners wish to have that meeting. We can have a meeting but the people who are organizing that meeting would have to notify all unit owners three days in advance with the exact changes in text to the master deed in order to satisfy the purpose.

 

Ø      In January Ed Kocher sent out a letter explaining the $10.00 increase. He sent a letter out explaining about the deficit assessment. Not 1 single person sent us any comments or said anything about it until it actually happened and then all of a sudden people were unhappy. Everyone had 2 months to digest that, think about it and prepare and perhaps at the annual meeting which would have been an excellent opportunity to discuss it intelligently, it could have been done. Ed Kocher said on the record all 95-unit owners were sent a letter stating that there was a meeting this date and does anyone want to nominate anyone for the Board. We got no responses. A letter was sent out a month before the meeting saying this was the date of the meeting, please attend. If you can’t attend, please attend by proxy. Within 48-24 hours , prior to the meeting, homeowners were either e-mailed or telephone called to tell them there was a meeting. Less than 30 people showed up at the meeting and less than 30 more units showed up by proxy.

 

Ø      Paula Groppe encouraged all homeowners to be proud of our community and to work together harmoniously.

 

Ø      Bob Martin made a motion to close the meeting. Ed Kocher seconded the motion. All were in favor. Unanimously approved.

 

The open portion of the meeting was duly adjourned by Bob Martin at 8:40 p.m.