Shaddock Estates Homeowner’s Association

Board Meeting - September 6, 2006

Auburndale Fire House

Auburndale, FL 33823

The meeting was called to order at 7:20 P.M. In attendance were Brian Starr, Scott Munroe, Ty Baden and Mike Wasnorowicz. Also present were Roman & Susan Whitney, Kevin Gervase, Julie Flowerdew, Juan Adames, Jose Arroyo, Eric Sigismondi and Susan Wasnorowicz.

It was noted that all the board members had read the minutes from the last meeting. Brian Starr made a motion to approve the minutes of the last board meeting. Scott Munnroe seconded the motion. All the board members voted yes and the minutes were approved.

Brian Starr made a motion to appoint Jose Arroyo to the vacant position on the board. Ty Baden seconded the motion. Everyone voted yes and Jose Arroyo was appointed as the fifth member of the board of directors.

Mike Wasnorowicz tabled agenda item #3 concerning the presence of non-members at board meetings.

The board counted the speed bump ballots and totaled 27 envelopes. The votes were then tabulated. There were 14 yes votes and 13 no votes indicating that the majority of the HOA members wanted speed bumps installed in the community. Since the vote was so close, the ballots were recounted with the same results.

It was noted that Mike Wasnorowicz checked with the HOA attorney concerning what recourse the HOA might have concerning the 6 lawns that are in need of homeowner attention. He noted that the HOA has recourse through the declaration. He also noted that there is a legal action that can be taken to positively test the declaration in court before using Article V, Section 21 to re-sod these lots at the owner’s expense. It was decided that levying fines might be a better tact in getting these homeowners to attend to their lawns.

Kevin Gervase informed the board of the current state of the landscape bids he received for redoing the front gate area. I became apparent that the HOA does not have the money in the budget to entertain these bids. After a lengthy discussion it was decided to try to come up with a plan to purchase the plants needed and ask for volunteers to provide the labor with the possibility of asking for donations from the membership. It was determined that Scott Munroe, Kevin Gervase, Julie Flowerdew and Sue Wasnorowicz would get together to come up with a plan. Eric Sigismondi raised the issue of the timing for new plantings considering that the winter was three and a half months away. It was noted that planting should not be an issue for at least three months.

It was noted that the board was presented with a petition to amend the declaration to exclude certain breeds of dogs from the community. The petition is attached to the written minutes. It was noted that there are 50 homes and at the time of the petition there were 4 members who had not paid their dues and therefore could not vote. This brought the number of eligible votes to 46. To amend the declaration, a 2/3’s majority is needed or in this case 31 votes. It was noted that by reviewing the petition, there were two non-member signatures and one unpaid dues signature and these would be disqualified bringing the total number of signatures on the petition to 33. Ty Baden made a motion to amend the declaration with the following language, "No member(s) of the breed or breeds of dog known categorically or commonly as "Pit Bull Terriers", Rottweilers", or "Doberman Pinschers" shall be kept on any lot". Brian Starr seconded the motion. All four board members voted yes and the motion was passed. The new amendment would now be recorded with the Polk County Clerk’s Office.

Eric Sigismondi voiced his concern for possible HOA liability if speed bumps are installed. After much discussion it was decided that the HOA attorney would be consulted as to what liability, if any, there would be, before any speed bumps were installed.

Julie Flowerdew asked where in the legal process the HOA board recall was. The board explained that because the recall petition was served on the board, the board was mandated by Florida Statute Chapter 720 to call a meeting to certify or reject the petition. The board called the meeting and since the board rejected the petition, the board was mandated by the same statute to file for arbitration, which cost the HOA a $200 filing fee plus the fee charged by the HOA attorney. The petition for arbitration has been subsequently filed. The matter is now the responsibility of the Department of Business Professional Regulations to decide.

Ty Baden raised the issue of unlicensed operators driving cars in the neighborhood. It was noted that there are covenants/restrictions in the declaration that could be used to fine a homeowner or his guest or his family for driving in the community without a valid driver’s license. It was further noted that unlicensed drivers that do not belong in the community would be guilty of trespass and we would have recourse with the APD. Scott Munroe also noted that when calling the APD, to not make the issue one of unlicensed drivers, but to complain about unsafe/dangerous activity.

Mike Wasnorowicz brought up the issue of possibly changing Article V Section 14 concerning lawn furnishings/decorations for discussion. He asked the members present what their thoughts were. The consensus was that the declaration and the board’s interpretation of the declaration should not be changed.

Brian Starr made a motion to adjourn the meeting. Ty Baden seconded the motion. Everyone voted yes and the meeting was adjourned at 8:37PM.