Westwood Homeowners Association 7-10-2008 Continuation Meeting Summary

8/14/2019 Westwood Homeowners Association 7-10-2008 Continuation Meeting Summary

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Westwood Homeowners Association, Inc.A Florida Condominium

1440 Ocala Road, Tallahassee, FL 32304

Continuation of the Board of Directors MeetingFrom June 19, 2008, at 7:15 PM

To July 10, 2008at the Westwood Clubhouse

AGENDAI. Call to Order William Graham, President

II. Roll Call Jeff Clotfelter, Secretary______William Graham, President______Jeff Clotfelter, Secretary______Leo Rotan, Vice President

______Sheila Chitty, Treasurer______Darrin Jones, Assistant Secretary

III. Proof of Notice Bill Graham, President

IV. Approval of Minutes from June 19, 2008 Meeting Jeff Clotfelter, Secretary

V. Ratification of Actions Taken at June 11 Emergency Meeting: Bill Graham, President

a.

Approval of modification of air conditioner lines by Unit 219;VI. Extension of Committee Reports

A. Committee Reports Landscaping/Tree Committee Gloria Rotan

o Tree pruning & removal by Armstrongo H & H proposals

Lighting Committee Leo Rotano Protection for Dog Walk area lighto Damaged light near unit 512

VII. Old Business:A. Status of insurance claims (carport at 313/ carport at 211-212)

XIII. Residents Comments and ProposalsIX. New Business

A. Clubhouse flooding: Approval of emergency action to prevent further damage, waterproofing,carpet replacement, carpentry (including exterior), painting.

B. Calendar for rest of year . C. Action Labor: Consideration of 1) Further grounds cleanup and vine removal, 2) Planting more

annuals in front of Clubhouse, 3) Removing eroded dirt from sidewalks next to Godby fence, 4)Pressure washing sidewalks.

D. Approval of roof repairs (512 cricket, 406 bubble, 213 bubble, etc)E. Unit 104 architectural review committee request for tiling patio and replacing doors & windowsF. Orkin contract due $1,194.32 by 8/10/08. Some resident dissatisfaction has been expressed with

Orkin. Consider obtaining bids from other companies. (Myler Pest Control 545-7574)

G. Stucco removal for Unit 505 so foundation assessment can be doneH. Proposal of items for next agenda. (Consider previously deferred items)

X. Adjournment


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West wood Homeowners Associat ion, Inc .A Florida Condominium

1440 Ocala Road, Tallahassee, FL 32304

Minutes of West wood Homeowner s Associat ion Continuation of the Board of Directors Meeting

From June 10, 2008, at 7:15 PMTo July 10, 2008

At the Westwood Clubhouse

Meet ing call ed to order at 7:15 In attendance:Bill Graham (BG), PresidentSheila Chitty (SC), TreasurerJeff Clotfelter (JC), SecretaryDarren Jones (DJ), A. Secretary

Proof of noticeThe notice of the meeting was posted in a timely manner.

Approval of minutes from June 19, 2008 meetingJC read the minutes from 6-19 and made corrections as needed.DJ moves to approve the minutes as amended. BG seconds, AIF

Ratification of action taken at June 11 Emergency meetingConcerning 219

- we still havent received the necessary documentation from the ownerof 219 regarding the AC lines modifications

- the gutter overlay hasnt been doneo Gutter Solutions says they have been contacted to do the work

- ratification is differed until the documents are provided and the overlayis complete

Aside - Homeowners need to have licensed and insured people do the work ontheir units and schedule in consideration of other residents. We will includewording to that effect in the next newsletter.

Extension of Committee reportsDue to LR and Gloria being absent, we will forego the Lighting and Landscapingreports

Old Business


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Status of insurance claims (carport at 313, carport at 211-212)- discussion of 313 is tabled until LR can be present- 211-212

o Constant Comfort indicates he will repair the damage he causedhimself

o Other contractors are being considered

Residents commentsPool signage

- we need to update the signage at the pool to include no alcohol and nogrilling

- Fancy recommends Fast Signs

409s homeowner would like to know where things stand- She was given a copy of Jetts bid and let know we had no objections to

her getting bids from other contractors, provided they are licensed and

insured.Aside- Can homeowners do their own repairs?

- BG will inquire

DJ moves to accept Jetts proposals for 111 & 409. JC seconds, AIF

Stucco repairs need to increase in importanceDJ moves to authorize Jett to do the work on 110 on a time + materials basis.SC seconds, AIF

504- the door to the garbage area needs to be re-hung- sandbags need to be removed- Gutter Solutions bid seems high, BG is looking into it

512- a board joining the new deck to the old deck is rotten

104 Architectural review- the homeowner of 104 provided a sample of slate for approval

o he was told by Lowes that it is for outdoor or indoor use

BG moves to convene as Architectural Committee. DJ seconds, AIF

Architectural Committee convened at 8:40

At this point we have:- a drawing- a tile sample


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- a contractor chosen by the homeowner

We need:- contractors documentation- measurements of patio-

specs on all materialsThere are question as to the legality and liability of a case like this; BF willlook into it further.

JC moves to follow up at the next regular meeting of the board, concerning thecommunication with DPR and supplemental information. DJ seconds, AIF

DJ moves to adjourn Architectural Committee and reform as Board of Directors.BG seconds, AIF

New business

Clubhouse flooding: Approval of emergency action to prevent further damage,waterproofing, carpet replacement, carpentry (including exterior), painting

- damage cost about $2000 (not a final figure)- BG authorized payment on an emergency basis and called Board

members for approval- BG will check with Gutter Solution about redirecting water

DJ moves to approve $2000 plus the Action Labor costs. SC seconds, AIF

DJ moves to replace the carpet in only the office area, and wait to replace therest of the carpet until the water issues are resolved. SC seconds, AIF

SC moves to use 35518 Twilight, a Brideway product, at a cost of $1.39 per sqft + .50 cents per sq ft installation, as the replacement carpet. DJ seconds, AIF

Calendar for the rest of the yearSC moves to use the proposed calendar for 2008 until the Annual meeting. DJseconds, AIF

Action Labor: Consideration of - further grounds clean up and v ine removal- planting more annuals in front of clubhouse- removing eroded dirt from sidewalks next to Godby fence- pressure washing sidewalks

Tabled until next meetingTentatively planned for Saturday following the 17 th meeting


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Approval of roof repairs (512 cricket, 406 bubbles, 213 bubbles, etc)

- 512 is deferred pending Folsoms response

DJ moves to have Jenkins fix the bubbles on 406 & 213 roofs. JC seconds, AIF

Aside - Fancy wasnt the one who spray painted spots on the deck of the pool

o BG was wrong- pool photo cells are exposed

o RC Electric is coming out to fix the problem

Unit 104 architectural review committee request for tiling and replacementof doors and windows

- already been addressed

Orkin- the contract for Orkin is due to be renewed- we are considering getting bids from Massey, Capelouto, and a rebid

from Orkin - BG will follow up

Stucco removal for unit 505 so foundation assessments can be done DJ moves to have stucco removed to secure foundation inspection. JC seconds,AIF

Proposals of items for next agenda

- Reiteration of the availability and need for recycling412

- Jet has been delayed by the homeowner not authorizing him to do work.

DJ moves to authorize a draw for $2000 for work already done. JC seconds,AIF

516- has sick child and an unsafe deck

JC moves to have Jett fix the problem on a time + materials basis. SC seconds,AIF

DJ moves to pay $198.22 to JC for money spent on pressure washer. SCseconds, AIF

DJ moves to reimburse $144.94 to LR for timers, JC seconds, AIF


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DJ moves to adjourn, 9:55. JC seconds, AIF


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WESTWOOD HOMEOWNERS ASSOCIATION, INC.

Agreement and Authorization to Proceed with Deck and Unit Repairs

Whereas, Westwood Homeowners Association, Inc., (Westwood) has contracted withJett Builders, Inc., (Jett) to repair and rebuild the appurtenant decks to Unit 412 as per the

contract between Westwood and Jett;Whereas, during the demolition phase of the patio deck portion of the constructionproject, hidden damage to Unit 412 as discovered which must be repaired before the contracteddeck work can be completed;

Whereas, the nature of the discovered damage appears to be to the sills and sill plate tothe Unit and to associated structural and nonstructural elements which are hereafter identified aswood rot to floor system, framing and flooring; and

Whereas, the estimated costs to repair the damage is shown on the attachment andcurrently appears to be between $2,000 and $5,000,

The parties agree as follows:

The Unit Owner and Westwood hereby authorize Jett to proceed with repair of thedamage to the floor system, framing & flooring, including the sills and sill plate of Unit 412,which is the subject of the attached estimate. Without waiver of any rights under FloridaStatutes or the Westwood Declaration of Condominium , Owner agrees to be financiallyresponsible for the floor system, framing and flooring including the sills and sill plate damageestimated to cost between $2,000 and $5,000 as per the attachment to the extent she is obligatedas a unit owner under said Declaration. Westwood agrees to pay Jett for the identified repairssubject to a right of reimbursement from the undersigned Unit 412 Owner. Westwood, at itsexpense, will do all stucco and wood trim work required to repair the identified exterior surfaceto Unit 412.

The Unit Owner agrees to permit Jett to enter the unit to inspect and repair damage on theinterior of the unit,

The parties acknowledge that the attachment is only a good faith estimate and that theparties may be required to pay additional sums on a time and materials basis to Jett to completethe necessary repairs. The Owner further acknowledges that additional damage may bediscovered during the demolition of the sidewalk deck. The Owner further acknowledges thatthe failure of the Owner to pay Westwood for Unit 412 repairs to the extent she is obligated forsuch repairs as a unit owner under said Declaration may result in the imposition of an assessmentand lien by Westwood on Unit 412 as authorized by the Declaration and Chapter 718, FloridaStatutes.

Agreed to on this ______day of July 2008.

_______________________________ _______________________________Kimberly McHardy Grant, Owner William N. Graham, President412 Westwood Drive Westwood Homeowners Association, Inc.Tallahassee, FL 32304 1440 Ocala Road

Tallahassee, FL 32304


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CONTRACT FOR COMMUNITY ASSOCIATION MANAGEMENT SERVICES

This Agreement, made and entered into this ___ day of ______, 2008 by andbetween the Westwood Homeowners Association, Inc. , hereinafter referred to asthe "Association," and Milestone Management of Tallahassee hereinafter referredto as the "Manager".

WHEREAS, Association, pursuant to its Declaration and other governingdocuments, and exhibits attached thereto, is charged with the responsibility ofmanagement of the Breckenridge on Park community, hereinafter referred to as"Property"; and

WHEREAS, Manager provides association and community management services toresidential developments; and

NOW THEREFORE, in consideration of the terms, conditions, and mutual covenantshereinafter set forth, the parties do hereby agree as follows:

I Term of Agreement -- The management agreement shall be for a term of one(1) year , commencing on September 1, 2008 . This agreement isautomatically renewable annually until terminated by either party pursuant toSection IV of this Agreement.

II Independent Contractor Relationship -- Services provided for herein shall beperformed exclusively by Manager. The parties hereto agree that Manager isan independent contractor and not an employee of Association and nothingwithin Agreement shall be construed so as to result in any contraryinterpretation. However, Manager shall operate under the direct supervisionof Association's board of directors.

III Compensation - The Association shall pay Managers fixed monthly rate of$2,000.00 for the initial term of this agreement. The Manager also shall bereimbursed for postage, copying costs, excess mileage (over 3 trips to theproperty per week) and other expenses incurred that are directly identifiableto the management of the Association. Copies shall be $0.15 per page andmileage shall be at the then current federal mileage rate. Postage and otherexpenses shall be at the actual cost. All requests for reimbursement ofexpenses will be delivered to the Association Treasurer, with documentation,for review by the Board prior to payment.

IV Termination of the Agreement -- The management contract shall be subject totermination by either party upon giving sixty (60) days written notice to theother party; or without regard to the number of days given if both partiesagree in writing to an alternate termination. If the Association desires toterminate the agreement with less than sixty (60) days notice, the Associationmust pay the regular fee as agreed upon in this contract, up through what

______ Association

_________Manager1 of 6


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would have been the termination date if sixty (60) days notice had beengiven.

Upon termination of the agreement, by expiration of its term or otherwise,Manager shall deposit all funds on hand, prepare checks for all outstanding

invoices for signature by the Association Treasurer, prepare financialstatements as of the date of termination and deliver to the Association allbooks, written records, electronic records, equipment, materials and otherproperty of the Association in its possession or control, and the Associationwill pay Manager all outstanding fees and approved costs. Upon delivery ofthe same, all obligations, responsibilities, liabilities, and duties of Managershall terminate.

V Responsibilities of Manager --A. Maintenance:(a) Maintenance -- The Manager shall be responsible for arranging for and

supervising upkeep and maintenance on all common property of theAssociation on behalf of the Association to the extent that the same is theduty of the Association pursuant to the Declaration and other documents andin accordance with the provisions of law. Manager shall be responsible forother specific maintenance as directed by the Associations Board. Managershall have access to all common areas and limited common areas asnecessary for the maintenance, repair or replacement of any commonelement or for the making of emergency repairs necessary to prevent damageto common elements, limited common elements, or another home. Managershall have access to all privately owned areas as provided by law and asnecessary for the making of emergency repairs necessary to prevent damageto common elements, limited common elements, or another home.

(b) Contracted Services -- The Manager is authorized, upon the receipt ofcompetitive bids and the approval of the Association's Board of Directors, tohire, discharge and supervise employees and/or independent contractors asrequired for the operation and maintenance of the premises, and to makereceive payments for the same from the funds of the Association. Thedischarge and replacement of on-site employees will be a collaborative effortbetween Association and Manager. All employees shall be deemed to beemployees of the Manager unless otherwise approved by the Association.

B. Administration:(a) Meetings of Association and Board of Directors --The Manager shallorganize all meetings of the homeowners and the board of directors, includingpreparation and mailing of meeting notices, and the preparation of anyneeded agendas, financial statements, proxy forms, proposed amendments,etc. All final meeting schedules and agenda topics will be determined by theentity that is meeting (board of directors, committees, membership).

______ Association



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(b) Association Records -- Association will allow all records to be kept atManager's place of business to facilitate access. Records not required fordaily use may be maintained at the Associations office space in theWestwood Clubhouse. All records not otherwise restricted by law will be

made available to Association members within the time required by statute.Copies or originals of all letters, notices, flyers, surveys, maintenance andlandscape requests, or any other documents not processed and distributed byManager will be given to Manager for insertion into the official records.Manager will not be responsible for incomplete association records resultingfrom documents and correspondence not being forwarded in a timely manner.

(c) Mailing Lists --The Manager shall prepare and maintain owner mailinglists, phone and email contact information and update the lists as necessary.Manager will maintain correspondence with new owners including a welcomeletter which will include the latest newsletter.

(d) Compliance With Governing Documents -- The Manager shall assist insecuring owners and tenants compliance with Association's Articles ofIncorporation, Declarations, By-Laws, Rules and Regulations, etc. and withsuch rules and policies as Association may from time to time establish. Suchassistance shall include preparation and delivery of warning notices forviolations.

(e) The Associations mailing address will be maintained as 1440 OcalaRoad, Tallahassee, FL 32304.

C. Fiscal Management:(a) Operating Budget -- The Manager will assist Association in preparing aproposed annual budget to be used for the estimating of maintenance fees forthe ensuing year. Manager will prepare and mail the budget and annualassessment notices to owners as required by the Associations bylaws.

(b) Financial Reports -- The Manager shall provide to the Association monthlyfinancial reports to include, at a minimum, a trial balance, a listing ofexpenditures to vendors and an aged trial balance. Other reports as desiredby the Association may be provided. In addition, the Treasurer of theAssociation shall receive a listing of each checking account register and shallreview and approve monthly bank statement reconciliations.

(c) Annual Financial Statement and Report -- At the association's expenseand request, Manager will arrange for preparation of Association's annualfinancial statements by a certified public accountant if required by law orrequested by Association. Such statements will be compiled, reviewed, oraudited, according to Florida Statute Chapter 718. The financial statement

______ Association



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report shall be made available to each homeowner as required by statute.

(d) Maintenance Fees and Bank/Investment Accounts -- The Manager shallcollect all maintenance fees, special and/or reserve assessments, and anyother fees, interest, and other sums due or payable to the Association and

deposit in Association accounts as required by law and as directed by theAssociation. In no event shall Association funds be co-mingled with any otherfunds.

(e) Delinquent Accounts -- The Manager shall make every effort to collectdelinquent accounts, including sending notices, emails and letters. WhileManager may from time to time wish to collect by phone call or personalcontact, doing so will not be a contractual requirement of collection. In theevent such efforts fail, Manager shall refer the account to the Board ofDirectors for disposition. At the direction of the Board of Directors, theManager will send required notification of intent to file lien and then work with

an attorney to prepare and file liens. Upon payment by homeowner, Managerwill arrange for a satisfaction of lien and notify the owner.

(f) Review of Invoices -- The Manager will review all invoices received forservices, work, and supplies in connection with the maintenance of Propertyand operation of Association, and verify the completion of the work or receiptof the services or supplies and the accuracy of the invoice.

(g) Disbursement Authorization -- The Manager shall write all disbursementchecks from Association funds as provided in the annual operating budget,which shall be approved in advance annually by the Board. All otherexpenditures shall be made only with the approval of the board, exceptManager is granted authority to pay non-budgeted, documented,expenditures up to three hundred dollars ($300) annually, and Manager maymake emergency expenditures, irrespective of the cost thereof, if immediatelynecessary for the preservation and safety of the Association property or forthe safety of the unit owners, tenants or other persons, or if required to avoidsuspension of any necessary service to the Association. Both Manager andat least two members of the board will have authority to sign checks, althoughonly one signature will be needed for payments under $500.00, regulardisbursement of budgeted funds, such as cable, lawn service, insurance, etc.,or for contracts in the amounts previously approved by the Board. All otherpayments will be signed by the Treasurer or by the Manager and anotherdirector of the Association. All payments made to the Manager will requirethe signature of the Treasurer or two (2) other directors of the Association.

(h) Taxes Manager will cause to be prepared, on behalf of the Association,any necessary IRS tax returns, annual or otherwise, and pay any incometaxes due.

______ Association



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______ Association


(i) Insurance -- The Manager shall arrange for bids and supervise Associationinsurance policies for, but not limited to, property perils, liability, and workerscompensation. Manager will promptly investigate and report to the board ofdirectors all accidents or claims for damages relating to the ownership,

operation and maintenance of the common elements, and shall cooperatewith the insurance carrier in connection therewith. Manager is authorized topay all premiums from the annual operating account as approved in theannual budget.

(j) Professional Services -- The Manager may retain such professionals (CPA,attorney, engineer, etc.) whose services may be reasonably required by theAssociation within budgeted parameters and after approval of Association'sboard of directors.

D. Other Duties:

(a) The Manager will prepare and submit the corporate annual report to theState of Florida each year, indicating the Association's registered agent,officers, and directors.

(b) Availability -- The Manager will be on the property a minimum of 4 hoursper week for 46 weeks of the contract year, with such times to be posted inadvance on the bulletin board of the Clubhouse, and at such other times asrequired to respond to emergencies, meet with or supervise/review jobs withvendors or contractors. The Manager will be reasonably accessible to theboard, unit owners, tenants, and vendors by telephone and in person duringManager's normal business hours. Manager shall make provisions foremergencies that occur after hours or during times when Manager's officemay be closed or when Manager is unavailable due to illness, vacation, etc.

(c) Legal Compliance -- The Manager may take such action as necessary tocause compliance with any and all orders and requirements affecting thepremises, placed thereon by any federal, state, county, municipal or othergovernmental or regulatory authority having jurisdiction, unless specificallyinstructed in writing by Association that such orders or requirements are to becontested and that Manager shall not comply with same.

VI Miscellaneous The Manager shall be permitted to place a sign on thepremises containing words to the effect that the same are managed by saidManager, subject, however, to prior approval of its size design and location bythe board of directors.


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VII Indemnification -- Association shall defend, indemnify, and hold Managerharmless from all claims, actions, damages, costs, and reasonable attorneys'fees incurred arising from the performance of duties under Agreement unlessManager is adjudicated by a court of competent jurisdiction after all applicableappeal periods, to have acted with gross negligence or willful misconduct, or

to be guilty of criminal acts. Nothing in this Agreement shall prevent Managerfrom engaging separate counsel or choosing to defend itself in any suit orother legal proceedings brought in connection with managing Association.Association shall carry, at its expense, all necessary liability andcompensation insurance adequate to protect the interest of Association andManager, which policies shall be written so as to protect Manager in the samemanner and to the same extent as Association.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to beexecuted in their respective names on the date first above written.

Westwood Homeowners Association, Inc.

By __________________________________________________ William N. Graham, President

By __________________________________________________ Leo Rotan, Vice President

By __________________________________________________ Sheila Chitty, Treasurer

By __________________________________________________ Jeff Clotfelter, Secretary

By __________________________________________________ Darrin Jones, Assistant Secretary

Milestone Management of Tallahassee

By __________________________________________________ Phyllis J. Graham

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WESTWOOD HOMEOWNERS ASSOCIATION

RULES STRICTLY ENFORFCEDNO LIFEGUARD ON DUTY:

Persons Use This Facility At Their Own Risk And In Conformance WithThe Following

POOL RULES1. All visitors and children under 12 must be accompanied by an Adult

Resident or Owner.2. No pets within the pool enclosure.3. No glass containers within the pool enclosure.4. No running or horseplay within the pool enclosure.5. No scuba or river float gear (tubes or rafts) within the pool enclosure.6. Radios, etc. should be played only at low volume.7. Guest limit 4 per household.8. Pool Hours 7 AM 10PM or until pool lights go off.9. Everyone, including children, must remain clothed at all times.10. NO DIVING

NOTE: The above rules were adopted by the Board for your guidance.Compliance will be appreciated.

The Health Department Requires The Following Rules:

1.

No animals in the pool or on pool deck.2. No food or drink in pool or on pool deck.3. Shower before entering pool.4. Bathing load: 30 persons

CAUTION: Do not play with the life line, shepherds hook, or life savingring. These items are required for safety.

DANGER: Water conducts Lightning KILLS! You should not bein the water until at least 15 minutes after thunder is lastheard.

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NOTE:All wording on the sign at the POOL is done in CAPS and top boarder is inRED with WHITE letters..The lower part of the sign has red wording on white background.

Original sign done in early 2000s; moved to present location four + yearsago.


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