August 26th, 2015 – Board Meeting Minutes

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August 26th, 2015 - Board Meeting Minutes

C/O Realty Masters, 4400 Bayou Blvd #58, Pensacola, FL 32503
AWHOA Board of Directors (BOD) Meeting Minutes
August 26, 2015

William Scism, President               Sarah Long, Vice President
Deborah Finkle, Secretary                 William McKinnon, Treasurer
John Maloney, Sr., Director        Patrick Gerdes, Director

1) The meeting was held on 26 August 2015 at 1197 Adrian Way and began at 6:05 pm.

2) Quorum Confirmation:  Board Members present:  Sarah Long, William Scism, Patrick Gerdes and Deborah Finkle were present.  William McKinnon was absent and John Maloney, Sr. was excused.  A quorum was confirmed.  Jay Schwartz, Community Manager, and Donald Dellinger, Head Architectural Review Committee, were present.

3) Approval of Minutes:  The minutes from the July 15, 2015 Board of Directors meeting were approved.  All directors had reviewed these minutes prior to the meeting.

4) Financial Review:

Mr. Schwartz presented the Financial Report that included the Profit and Loss statement, Balance Sheet, Accounts Receivable Aging Summary, Transaction Detail by Account and Check Detail.  These items were fully reviewed in detail and discussed by the Board.

Copies of the Balance Sheet and Profit & Loss Statement are available on the website.  Please note the expense listed under “Ask My Accountant” – this is actually the final payment to Sunshine State Excavating for work to improve drainage in the development.

As of 8/25/15, the total Liabilities & Equity:  $56,022.74


1) Notice of intent to file/Lien update:

  1. As noted last month, Mr. Schwartz continues to attempt to update current addresses as several letters were returned as undeliverable. A current address for Mr. Warrick, the lawyer and POC for the Zackowski property (which remains in probate) will be provided by Ms. Finkle (with copies of the letters previously sent). The property is both an eyesore that reduces surrounding property values and a hazard (teens have been found in the unfinished house and the grounds harbor rodents and snakes).  All directors agreed that this was a good property to proceed with foreclosure due to lack of a mortgage on the property and probable ability to sell the property at a reduced price.  A letter stating this intent will be mailed to the lawyer by Mr. Schwartz.
  1. Half of the August IdeaCorp Properties payment was received. ($450)

2) Committee Reports:

Architectural Review Committee (ARC) –Mr. Donald Dellinger was present.  He reported that fences were approved for 1039 and 1051 Adrian Way and also for the home at the corner of Rin Court and Raughton Rd.

3) Board Member Round Table:

Sarah Long requested that we choose a date for the fall semiannual Community Cleanup.  October 10th beginning at 0800 was agreed upon.  A simple cookout (hotdogs/hamburgers) with side dishes provided by the Board members and others will follow the clean-up.  $400 will be budgeted for this to include renting mower(s) and chemicals to kill the weeds in the road cracks.  Mr. Dellinger volunteered his equipment to spray the weeds.

Mr. Scism reported that due to the increase in collections by Realty Masters, he did not think we needed to raise the annual dues this year (and if so, no more than $25) but this will be discussed in detail at the Budget Meeting at decision made at that time.

4) Status of Vacant Lot Mowing – the Board discussed the process regarding mowing and agreed that to best conserve HOA funds, this will be completed as part of the semiannual Community Cleanup by volunteers.


1) Ditches:

Mr. Schwartz stated he had received two proposals for cutting the ditches that are overgrown and blocking  run-off during heavy rains.  There was a significant price difference between the two proposals submitted and these were discussed.  Although at first the Board recommended the lower cost proposal, subsequent discussion resulted in the recommendation that both proposals be resubmitted for the same scope of service (one called for the cuttings to be removed and one called for mulching) and adding that if the cuttings are mulched, the awardee would agree to rectify any major blockage that might occur due to remaining debris.  There was also a request for a third proposal if possible.  These are pending and will be acted upon as soon as received.

2) Covenant Violations:

Mr. Schwartz reported that he has sent emails to several residents primarily related to leaving garbage cans visible from the street and there has been a generally good response.  An in depth discussion ensued regarding the definition of “visible from the street.” As with other covenants, a decision was made to defer from exact definitions and apply a “reasonable person” definition (eg. What a hypothetical majority of community members would generally agree is reasonable in each situation that arises).  It was decided that a reasonable approach to take regarding trash cans is whether they are visible from the front of the property and not if they are visible from other angles.  The primary issue to keep in mind is the role of restrictive covenants in a community is to maintain a level of attractiveness/desirability in a community that will maintain/improve the quality of life for the residents and maintain/improve property values and not to be overly restrictive.

The Board requested that Mr. Schwartz provide a summary of the violations cited (without identifiers) at each meeting so the Board can more easily prioritize focus and post the summary on the bulletin board and website.  Habitual offenders will be fined as noted in previous minutes.

3) Rules and Regulations Update:

Mr. Scism previously proposed a summary of Rules and Regulations (R/R) that was provided to the community.  After discussion, it was determined that the Florida Statutes allow a Board of Directors to develop specific Rules and Regulations if the Covenants so state.  Our Covenants limit the authority of the Board to adopt and publish rules and regulations governing the use of the Common Area and facilities only.  Therefore, all agree that we cannot widen that scope without amending the Covenants.

Discussion ensued regarding the best process to amend the Covenants since all attempts to do so over the past decade have previously failed (due to inability to get a response by 2/3 of the voting members as required by the Covenants).  A proposal was made that the Board be very selective, starting with the covenants that are prioritized by the Board to most require updating, and allow each voting member to vote yes/no to EACH recommend item rather than have to vote yes/no to the entirety.  Only those covenants receiving a “Yes” vote by 2/3 of the voting members would be formally amended.  Additionally, discussion continued regarding suspending voting rights as allowed by the covenants for all members in arrears for more than 90 days who have not established a payment plan. Those present agreed that this was appropriate although no formal vote was taken.

A process was offered whereby the prioritized covenants with recommended changes can be provided to each member with an opportunity to ask questions and comment at the Annual Meeting, followed by a formal ballot (with SASE provided) sent to each member after the Annual Meeting.  Ms. Finkle agreed to report at the next meeting, providing a summary of the top 8-10 current prioritized covenants with the recommended changes.

4) Recommendation to go to quarterly meetings – this was again discussed and all concurred that it be initiated.  There can be additional short meetings if required on a particular subject. There will be a Budget Meeting prior to December (the Annual Meeting) and the next meeting for the 4th quarter is to be determined (TBD).


  • The next regular meeting of the Board of Directors is TBD.
  • The Budget Meeting will be held October 6th at 6pm at 5612 Farrel Way. Schwartz will attend.
  • A specific date for the Annual Meeting also needs to be set and will be arranged within the next month.
  • The meeting adjourned at 7:57 pm.


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