P. O. Box 38056 Tallahassee, FL 32315 MINUTES Meeting of the Board of Directors November 9, 2010, at 6:30 PM at Towne East Baptist Church 1055 Richview Road The meeting was called to order by Vice President Rip Caleen at 6:35 PM. Attendance P Rip Caleen P Danny Brown (by phone) A Kevin Derryberry A Jeremy Moore P Tom Vaughn Also Present: Manager Phyllis Graham Members: 128, 213, 217, 240, 291, 306, 336 Proof of Notice was provided by Phyllis Graham, Manager. Published in September newsletter, cards/emails sent on 10/26, sign & notice posted on property 10/26. Approval of Meeting Minutes from August 17, 2010 was deferred. Officers and Committee Reports There was no president s report. Treasurer, Tom Vaughn, referred to the distributed financial report (attached). He said the Association expected to end 2010 with a loss of $500. There were no questions. Mr. Vaughn went on to describe the proposed 2011 budget (attached), of which the major expenses are management, electricity, and grounds maintenance. The budget includes a reserve assessment. The 2011 total assessment would be $79, 10% over 2010. Member Barbara Jordan of 306 said that when she originally bought her property she was told that the HOA fees would never increase. Vice President Caleen said that the dues had not increased for the first 22 years, and provided her with a copy of the Covenants so she could read the section that provided for increases in fees. Member Raymond Farris of 240 asked what the electricity and grounds maintenance was for; Manager Graham responded that electricity was for street lights and the grounds maintenance was for the front entrance and the trailhead area. Mr. Vaughn then described the proposed Compliance Procedures, Rules and Regulations, and Fines (attached). He said that the purpose was to reverse neighborhood decline by taking advantage of the 2010 Legislature s new law that lets HOAs fine members for violations of covenant provisions & rules. Member Raymond Farris of 240 questioned item XII G, which provided that play equipment, such as basketball goals, had to be in back yards. He said he had a goal on his parking pad and that it couldn t be put into his backyard because of drainage & slope problems. After consideration, this item was deleted from the proposed Compliance Procedures, Rules and Regulations, and Fines. Manager Phyllis Graham pointed out that Article XI B, which prohibited more than two vehicles being parked at any unit, did not consider that previous boards had approved the construction of additional parking pads at some units. The item was modified to include wording to permit additional vehicles when previous boards had approved construction of additional parking pads. Member Arthur Borders raised the issue of previous variance approvals for external changes to properties, especially parking pads, why they had been approved. Member Lauren Smith of 291 asked if those decisions could be revisited. Manager Graham said that approval of extra parking pads took place far in the past for various reasons, but because the owners relied on the board approval and paid to have the additional pads constructed that this Board could not reverse those decisions, nor could this Board prevent boards in the future from making additional such decisions. She pointed out that the best way for members to ensure no more parking pads was to become active in the Association and stay active. Manager s report was deferred, except for a report that the police presence at 164 in October was to arrest the tenant on a warrant. The owner of the unit was notified but has not reported back on the cause of the arrest.
Meeting of the Board of Directors November 9, 2010, at 6:30 PM Page 2 There were no committee reports. Unfinished Business All unfinished business was deferred until the next meeting. Members Issues Member Raymond Farris of 240 raised the issue of who owns the land at the northern curve of Whetherbine Way, who paid for the fence and that the grounds need to be mowed there. Manager Graham said that, as far as she knew, the land was owned by the two homes there and that she did not know who had paid for the fence as it was done many years before her time as manager. Member Arthur Borders of 217 said if the manager were not sure then the facts should be verified. Manager Graham said she would do so. Member Barbara Jordan of 306 asked what could be done about speeding. Vice President Caleen said the Board had had additional speed limit signs installed, Ms. Jordan responded that they weren t working. She asked about the possibility of speed bumps. Manager Graham responded that speed bumps would divert water, which might cause the Association greater problems with the homeowners who might receive greater stormwater flow. Vice President Rip Caleen said the Board would be considering what else could be done. New Business Approval of Interim Actions was deferred. Resolution to Establish Reserve Account, approve the 2011 budget & set 2011 assessments at $79.00 was made by Tom Vaughn and seconded by Danny Brown. The motion passed unanimously. Tom Vaughn made a motion to approve the revised Compliance Procedures, Rules and Regulations, and Fines, and the establishment of a Fine Levy Committee. The motion was seconded by Danny Brown and passed unanimously. Tom Vaughn moved that Pat Oelerich (308-310), Katy Martindale (312) and Ben Edelen (376) be appointed to the Fine Levy Committee. Seconded by Danny Brown and passed unanimously. After input by members present, the Board decided to keep January 31 as the dates when 2011 assessments must be paid or suffer late fees. All other agenda items were deferred until the next meeting. The next meeting date, time and place was set as Tuesday, January 11, 2011, in conjunction with the annual meeting to be held at 6:30 PM at Towne East Baptist Church. The meeting was adjourned at 7:43 PM. Respectfully submitted, Phyllis Graham, Manager Acting Secretary
BRECKENRIDGE ON PARK HOMEOWNERS ASSOCIATION, INC. FINANCIAL REPORT AS OF OCTOBER 31, 2010 Checking/Savings 110 Capital City Bank 1,069.24 120 Premier Bank (Savings) 25,658.48 130 Farmers and Merchants Bank 96,824.64 Total Checking/Savings 123,552.36 PROFIT AND LOSS STATEMENT (Cash Basis) Income 310 Annual Assessments 19,243.77 330 Late Fees 1,794.00 385 Newsletter Advertising 75.00 399 Foreclosure/Tax Sale Loss (1) (835.00) Total Income 20,277.77 Expense 410 Paper and Copies 516.68 415 Office Supplies 188.29 418 Postage and Delivery 508.47 425 Annual Report 61.25 430 Insurance Expense 1,178.58 435 Website Expense 52.35 450 Management Fees 4,750.00 452 Mileage Reimbursed 208.35 460 CPA Fees 300.00 465 Legal Fees (25.00) 470 Miscellaneous Expenses 161.77 480 Taxes 60.00 505 Newsletter Production 520.00 520 Yard Award Program 120.95 610 Electricity Expense 2,258.42 615 Water Expense 178.02 710 Landscaping Contract 1,650.00 810 Street Repair & Maintenanc 5,285.00 820 Street Signs and Marking 642.07 Total Expense 18,615.20 Net Ordinary Income 1,662.57 Other Income 350 Interest Income 605.56 Net Income 2,268.13 (1) Unless HOA purchases property sold at foreclosure or tax deed auctions, new owners do not have to pay prior HOA assessments & fees. ACCOUNTS RECEIVABLE 8 OWNERS OWE MORE THAN 1 YEAR; Demand letter sent 9/30/10 2,726.56 3 OWNERS OWE MORE THAN 1 YEAR; In current payment plans 722.77 7 OWNERS OWE BETWEEN $72 TO $135 812.00 13 OWNERS OWE LESS THAN $25 99.00 4 OWNERS HAVE CREDIT BALANCES (91.00) TOTAL ACCOUNTS RECEIVABLE 4,269.33 Note: 2 owners have completed payment plans, 1 has failed, and 3 are in current Plans.
Compliance Procedures Breckenridge on Park Homeowners Association AS REVISED AND PASSED Mission Protect the property values and quality of life in our neighborhood for homeowners and residents, as outlined in the neighborhood's Declaration of Restrictive Covenants, Easements and Party Wall Agreement (Declaration), By-Laws and Rules and take enforcement action when the Declarations or Rules are violated. Principles Consistent and fair enforcement Friendly and educational approach Clear expectations and communications Roles The Board of Directors (Board) will direct the HOA Manager to make regular inspections of the neighborhood on an as needed basis to document apparent violations of the Declaration or Rules. In addition, the manager will check complaints of violations emailed to the BOP HOA email account or phoned or emailed to the Manager. The Board will appoint a three member Fine Levy Committee to conduct a monthly or as needed hearing to review NOTICES OF VIOLATION AND PROPOSED LEVY OF FINE, consider responses from persons receiving notices of Rule or Declaration violations, and levy an appropriate fine, if any. The Fine Levy Committee shall be comprised of three homeowners who are not officers, directors, or employees of the association, or the spouse, parent, child, brother, or sister of an officer, director, or employee of the HOA. First Violation: The HOA Manager will send a WARNING NOTICE OF VIOLATION to homeowners and their tenants, if any, for first time violations of Declaration or Rules adopted by the Board. Second or Continuing Violation: The Manager will send a NOTICE OF VIOLATION AND PROPOSED LEVY OF FINE to the affected homeowners and their tenants, if any, at least 14 days prior to a scheduled hearing in accordance with Sec. 720.305, Florida Statutes (2010). Hearing: The Fine Levy Committee will review evidence to determine if each alleged violation is valid and hear any response presented to the Committee prior to making a majority vote on whether or not to impose a fine. The decision of the Committee is final. Decision / Fines Levied: The Manager will mail NOTICE OF DECISION AND LEVY OF FINES to the affected homeowners and their tenants, if any, to convey the decision of the Fine Levy Committee. Further Action: The Board will pursue legal action on unresolved violations or unpaid fines as appropriate. The Board will periodically evaluate these compliance procedures for possible improvement. Miscellaneous Some violations of the Declaration or Rules may be periodic rather than ongoing (i.e. untimely storage of garbage bins, parking on the street). If more than 6 months passes between violations, compliance actions will begin fresh with a formal warning prior to issuing any fines. Rules Breckenridge on Park Homeowners Association PURPOSE The fundamental purpose of the Association Rules is to provide a basis for protecting members' equity in their homes and property, maximize enjoyment, assure the continued aesthetic beauty of the neighborhood, and to provide the framework within which people can live in harmony. These Rules have been adopted by the Board of Directors and will be enforced in addition to the Declaration of Restrictive Covenants, Easements, and Party Wall Agreement, hereinafter referred to as Declaration, and the By-Laws. AUTHORITY The Declaration allows the Board of Directors to promulgate Rules for the general benefit of the neighborhood. (Paragraph 30); By-Laws (Paragraph 5) RESPONSIBILITY
Owners (whether residing within the unit or acting as the landlord) must fully comply with the Declaration (paragraph 3), By-Laws and Association Rules. Owners are responsible for the actions of their family members and guests as well as their tenants, and their tenant's family members and guests and are responsible for providing a copy of the Rules to their tenants. Tenants, however, are also required by state law to comply with the Declaration and Rules (Sec 720.305(1) Florida Statutes). ARTICLE I ASSESSMENTS AND LIENS (Declaration Paragraph 8, 11, 12, 13, 14) A. Each homeowner by the acceptance of a deed for a house located within Breckenridge on Park, whether or not it shall be so expressed in such deed, shall pay annual and special assessments to the Association. B. For delinquent accounts, service charges (i.e., late fees) and costs of collection of will be charged to homeowners. C. If a homeowner is more than 90 days delinquent in paying the annual or any special assessment, the Association will levy a fine as permitted by Florida Statutes (2010) for each continuing violation. Section 720.305(2) authorizes the HOA to levy fines of up to $100 for each day (not to exceed $1,000) for such violation. ARTICLE II ARCHITECTURAL CONTROLCOMMITTEE (Declaration Paragraph 17) A. No homeowner shall erect or maintain any building, fence, wall, or other structure nor shall any homeowner commence or make any exterior addition to or change or alteration in the shape, color, or appearance of the exterior of existing improvements or make any material alteration, addition, or deletion to the landscaping of any lot until and unless the plans and specifications showing the nature, kind, shape, height, materials, color, location, and all other details of the same shall have been submitted to and approved in writing by the Architectural Control Committee as to the quality of materials, harmony and external design, and color, and the location in relation to surrounding structures and topography. B. All requests for approval of architectural modifications must be submitted in writing to the Association. A written plan of the modification which provides a specific description of the materials to be used must be included with the request. The necessary forms to comply with these Rules may be requested from the BOP HOA, P.O. Box 38056, Tallahassee, FL 32315-8056, or obtained from the Association s web site. The owner will be responsible for obtaining the proper County and City permits as required by law. ARTICLE III EXTERIOR MAINTENANCE OF HOUSES AND OTHER AREAS (Declaration Paragraph 19) A. A homeowner shall maintain the landscaping, including the trees, shrubs, and lawn, within the boundaries of the property owned by the owner. Leaves and pine needles must be raked, grass mowed and not overgrown, hedges trimmed, and erosion minimized and controlled. B. Homeowners shall maintain the exterior of houses such as replacing rotten wood on siding, fences, decking, and railings and maintaining painted siding. ARTICLE IV LAND USE AND BUILDING TYPE (Declaration Paragraphs 21, 29) A. No house shall be occupied or used except for residential purposes by the homeowners, their tenants, or social guests. B. No home shall be occupied and used except for single -family residential purposes. C. Owners, tenants and occupants are responsible for being familiar with the City of Tallahassee Occupancy Limit Ordinance. D. No business activities, including commercial, manufacturing, mercantile, storing, vending or other such non-residential purpose, may be conducted in any unit. E. No improper, offensive or unlawful use shall be made of the property or any part of it. ARTICLE V NUISANCES (Declaration Paragraph 23) No noxious or offensive activities shall be carried on, in, upon, or around any house or in or upon any common areas, nor shall anything be done thereon which may be or may become an annoyance or a nuisance to the remaining homeowners or any of them which shall in any way interfere with the quiet enjoyment of their homeowners. ARTICLE VI TEMPORARY STRUCTURES (Declaration Paragraph 24) No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other building shall be used on any property at any time as a residence either temporarily or permanently. ARTICLE VII SIGNS (Declaration Paragraph 25) A. No sign or billboard of any kind shall be displayed to the public view on any house or any portion of the easement areas except one sign of customary and reasonable dimension advertising the house for sale or rent. B. No signs offering the sale or rent of any unit or any other sign or advertisement shall be placed within the common areas. ARTICLE VIII GARBAGE DISPOSAL (Declaration Paragraph 26) A. Trash and recycle cans shall not be put curbside for pick-up more than 24 hours prior to pick up. B. Trash and recycle cans shall be removed from public view within 24 hours of pick-up. C. Except when placed curbside in accordance with item A, above, trash and recycle cans shall be stored in an area where they are not visible
from the roadside. D. No waste materials shall be placed on the common elements. E. It is the responsibility of the owner or resident, if different, to remove any papers or advertising materials left at each unit. F. Bulky-items shall be placed outside for collection no more than 48 hours prior to such collection. ARTICLE IX RADIO AND TELEVISION ANTENNAS (Declaration Paragraph 27) No homeowner may construct or use or operate an external radio or television antenna without the prior written consent of the Architectural Control Committee. ARTICLE X PETS (Declaration Paragraph 31) A. No dog or cat shall be permitted to run free, and it must be leashed and under the- direct control of its owner. B. Homeowners owning pets shall pick up and properly dispose of any animal feces from their pet. ARTICLE XI VEHICLES, TRAILERS, BOATS, RECREATIONAL VEHICLES, (Declaration Paragraph 32) A. No boats, boat trailers, trailers, recreational vehicles, campers, disabled vehicles, vehicles without current registration or trucks more than 7500 GVW may be stored or parked on any property. B. No more than two (2) vehicles may be regularly parked at each unit and each shall be parked on a paved driveway, except where the Architectural Control Committee and Board has prior to November 1, 2010 approved the construction of additional paved parking spaces. ARTICLE XII MISCELLANEOUS (Declaration Paragraph 33) A. No laundry, mattresses, bedding materials, or clothing shall be hung on or over railings or patio fences of any home. B. Clotheslines are prohibited except inside a fenced-in back yard and not substantially visible to neighbors. C. No window air-conditioning units shall be permitted which would be exposed to the exterior of any building. D. All Holiday decorations must be removed within 30 days after the holiday. E. Each unit shall have the building (address) number affixed on the front of the structure, in such a manner so as to be clearly visible and legible from the street on which the building fronts. The numerals shall be Arabic and not less than three inches in height and 1/4 inch in width. The numerals shall be of a contrasting color with the immediate background of the structure on which numbers are affixed. (City of Tallahassee Ord. 803-O-25AA, 2,4-23-2003) F. All woodpiles shall be prohibited unless stored within the enclosed portion of the yard (back of unit). G. Sports and play equipment - such as basketball goals - shall be located in the rear of the unit. ARTICLE XIII PENALTIES AND SANCTIONS It is the policy of the Breckenridge on Park Home Owners Association to protect the rights and privileges of the members and to enforce the governing documents. Pursuant to Section 720.305, Florida Statutes (2010), fines will be imposed for violations of the Declaration and Rules, and legal relief will be sought, when appropriate, to enforce compliance or payment.. Owners shall be responsible for the acts or omissions of his/her guests, lessees or invitees. The following are examples of some anticipated violations and recommended fines. However, fines may begin at $100.00 per incident per day if the Fine Levy Committee deems it appropriate. Violation 1st 2nd 3rd Subsequent Reassessment 90 days delinquent in paying annual or special assessment Illegal Parking-Street/Yard/Common grounds $5 Daily, to maximum of $1,000 Warning $15 $30 $30 Daily Utility trailers/boats Warning $15 $30 $30 Daily Trash around property Warning $15 $30 $30 Daily Dogs using homeowner's lawns Warning $15 $50 $50 Daily Excessive noise/animal noise Warning $30 $60 $60 Dally Yard Maintenance Warning $25 $25 $25 Daily Trash and recycle containers Warning $15 $15 $30 Daily Unapproved signs Warning $15 $30 $30 Daily Holiday lights removal after 30 days Warning $15 $30 $30 Daily Inoperable cars Warning $15 $30 $60 Daily