Summer Sea
Condominium
Condominium
88500 Overseas Highway
Village of Islamorada
Tavernier, FL 33070
SumSea@Bellsouth.net
(305) 852-9559
Village of Islamorada
Tavernier, FL 33070
SumSea@Bellsouth.net
(305) 852-9559
| Summer Sea Condominium Board Meeting of June 16, 2006 Begin Time: 7:30 PM End Time: 10:18 PM Present: President – Augie Cantin Secretary - Graziella Cora Director – Guido Elias Director – Jan Parke Director - George Geisler Treasurer – Dan Osborne Manager – Bob Miller Absent: Vice President –Jim Ward I. Call to Order, Quorum is present. II. Minutes – Motion was made to suspend the reading and approve the minutes of the April 21, 2006 by Janet Parke. Seconded by George Geisler. All were in favor. III. Consideration of Communications A. Ann and Brent Davis sent an email and information about discrimination in the pool. They have requested that the pool rules be revisited and requested that their son could swim in the large pool since he is no longer in diapers. Bob Miller responded to the Davis’s that since we have 2 pools and children under 3 are allowed in the smaller pool he felt there was no discrimination. He suggested we look at our rules and possibly revise them to read no one under 3 or in diaper allowed in the larger pool. The Board had no further discussion at this time. B. Other communications were submitted but will be addressed later in the meeting as the issues arise that they pertain to. IV. Officers Reports a. President – Augie Cantin – (attached). b. Treasurer – Dan Osborne reported that 3 accounts have been established at TIB and are divided into the Operating funds, The Reserve funds and the Assessment funds. He stated that TIB was offering the condo a higher interest rate than we are currently getting. He also stated that the new cash management system which will go into effect with the new maintenance notices will automatically transfer the funds from each maintenance payment to the account they are designated for. The financial statement is still under review. c. George Geisler – director - stated that he represents condos in the State of Florida and reported that new laws may require the condo association to replace all broken out windows and doors after a hurricane, not the individual owners. A new law may change requiring high rise buildings provide a generator to run at least 1 elevator. All condo unit owners are recommended to have the same type of insurance as the condo association, i.e. wind, liability, etc. It is difficult to police that. The reserve analysis of condos is a concern of the State. Also condos can not provide drinks or advertise parties with BYOB due to a liability issue. V. Committee Reports a. Dock Committee – attached. b. Landscape Committee – Cheri DeLucia – contacted a local nursery for prices on plants including delivery. She was under the impression that Eddie Cora could stage the plants and deliver them. Graziella Cora clarified that Eddie could only find the plants and had no means to deliver. Augie Cantin complimented Cheri and her committee for the fine job they were doing and what wonderful progress they were making. The Board agreed whole heartedly. C. Augie Cantin asked Rich DeLucia if he had heard from the pool engineer. Augie stated he started calling him in March with no results. Rich agreed to call him next week and check on the status. VI. Manager’s Report – (attached) Bob Miller also stated that we still need to complete the water and electrical on the docks. We needed a permit for the plumbing. Guido Elias asked how long the plumbing permit would take. Bob will contact a plumber this week to pull the permit. VII. Unfinished Business A. Enclosure #507 – Jonelle Kop made a request to the Board to enclose her roof top. (letter on file). Bob Miller read letters from the Flanigans opposing the enclosure. Other letters were received and are available for viewing in the office. Jonelle explained that it would not be obstructing anyone’s view and she was not aware of the letters from the Flanigans. She also requested to read the letters from the others opposing the enclosure. George Geisler made a motion to accept the request to enclose the roof on #507, there were no seconds. Motion failed. Gail Chiucchini recommended Jonelle go to the village and ask if they would even allow such an enclosure sine they are no longer allowing buildings over 5 stories to be built. Dan Osborne asked Jonelle if she would consider tabling her request until a later date, she agreed. Guido Elias made a motion to table her request, Graziella Cora seconded. All were in favor. VIII. New Business A. Cora #506 Additional Boat. Bob Miller read correspondence from Jim Ward opposing the boat and trailer in the Limited Common Element designated for use by the Cora’s. Other correspondences concerning this issue are available for review in the office. Janet Parke asked to speak on the issue. She appreciated the letters and e-mails from owners. However, she explained that she looked at the larger picture related to Common Elements and Limited Common Elements and did some research. In our Condo Documents, 3.08 “ “Common Elements” means the portions of the Condominium property not included in units.” 6.03 states “The owners of a unit is entitled to the exclusive possession of his unit. He shall be entitled to use common elements in accordance with the purposes for which they are intended, but no such use shall hinder or encroach upon the lawful rights of owners of other units…..” The Marina/parking lot rule indicates “Owners are allowed only one boat per apartment in the marina or the parking lot.” Jan commented that the rules does not state on the Summer Sea property, but only refers to the general parking lot which is a common element. Anyone parking more than one boat in the common element parking lot would hinder or encroach on the rights of other owners. The Condo Documents further state the following: 3.17 “”Limited Common Elements” means any portion of the Common Elements which are reserved for the use of a certain apartment to the exclusion of other apartments.” 113.02 “All parking areas are common elements, but those specifically assigned to the unit owners, shall be deemed Limited Common Elements……” 13.03 “As to parking spaces not assigned to specific owners, …. the Board of Directors of the Association, may assigns such parking spaces to other unit owners or reserve a part thereof for the use of guest as determined by and pursuant to the rules and regulations adopted by the Board of Directors of the Association.” Janet commented that THE MARINA/BOAT RULE WOULD BE ONE OF THOSE RULES pertaining to common element parking only. In the Condo Documents, 13.01 mentions “… Limited Common Elements are reserved for the units appurtenant thereto to the exclusion of other units, and there shall pass with a unit appurtenant thereto the exclusive right to use the Limited Common Elements so appurtenant……” (Appurtenant is an accessory right or privilege) In addition, Janet mentioned that we should keep in mind the State Statute 718.110 (4) that indicates the right of exclusive use of the limited common elements or such portion of the common elements as may be provided in the declaration are also appurtenances to unit owners that cannot be impaired without the consent of the affected owner. Janet indicated that our condo documents do not specify what can be parked in the Limited Common Element parking and that anything parked in those areas DOES NOT IN ANYWAY HINDER OR ENCROACH ON THE RIGHTS OF OTHER OWNERS. She concluded that parking a boat in the limited common element parking is not a violation of the common element parking rule even if an owner parks one trailer with or without a boat on it in the common element parking area. Therefore, Janet made a motion that “parking areas designated as Limited Common Elements should not be affected by the Boat/Trailer Parking Rule” She commented that there are several other current parking rules that should not affect the Limited Common Element Parking areas and those should be examined and addressed at another time. Dan Osborne seconded the motion and commented that more should be done to clarify the use of the limited parking areas since we may be dealing with a slippery slope. Graziella asked to address the issue. She stated that they were not breaking any rules since they were not displacing any vehicles in the parking lot, and in fact both of their cars and the flats boat were parked in their Limited Common Element. She stated that their Mako, stored at Tavernier Marina was never and would never be in the Marina at the same time as the flats boat. Jeff Saenger stated that he and others felt the Board should grant a temporary reprieve and allow the Coras to park their boat in their parking space until the Board could further review the Limited Common Elements and the Marina and Boat Trailer Parking Rules. After more discussion regarding this issue and the need for more clarification on what should be parked or done in the Limited Common Element parking areas and asking the Board members about their feelings about the need for a broader motion. Janet agreed to revise their motion. Janet Parke made a new motion to “develop guidelines for parking areas designated as Limited Common Elements.” Seconded again by Dan Osborne. The motion passed with one dissenting vote by George Geisler. Jan then made another motion “to allow the Cora’s to continue to park their flats boat in their Limited Common Element parking area until the guidelines are developed and established.” Guido Elias seconded the motion. The motion passed with one dissenting vote by George Geilser B. Kayak Regulations – Bob Miller reported that two new Kayak racks have been delivered by Danny Brooks and they are awesome. He recommends that the owners of the kayak purchase pads for the racks if they wanted. He recommended the boats be launched from the fish cleaning station since it is closer to the racks. If the owners want to chip in and purchase a cart, they are $175 to $200. The Board felt there should be a committee formed to develop rules and regulations. George Geisler made a motion to have the President form a committee to develop rules for Kayaks and their use, seconded by Janet Parke, all were in favor, motion passed. C. Enforcement of Rules and Regulations- Bob Miller stated that the rules and regulations developed for the condo association need to be enforced by the Board and if they are not enforceable need to be revised or removed. George Geisler said so moved, seconded by Dan Osborne, all were in favor. Motion passed D. Remodeling Permits and Impact Fees – Since many apartments have been undergoing remodeling or renovation, the Board established impact fees to help with the additional labor costs required to clean up or repair any damage caused by the contractors. Bob Miller stated that many owners are not aware of this fee and object to paying either the $25 for smaller jobs or $100 for larger jobs. The Board made it perfectly clear that it takes staff many additional hours to clean during any remodeling or renovation and owners are responsible for the fees. Additionally, Bob wanted everyone to be aware that the Village requires permits pulled for most plumbing jobs and for all electrical work. If you have a question, please call him and he will try to provide you with the latest information from the Village. E. Special Assessment – Insurance, Berm, and Completion of projects – Augie Cantin stated that a special assessment of $120,000 is required to complete the projects pending through December 31, 2006. The assessments are combined since some are estimates only and the funds can be moved as needed to complete the various projects, they include the construction of the waste water and berm, the planting of the berm, landscaping outside the wall on Highway One, additional planting on the property, landscaping around the pool and child resistant gates around the pool and the insurance premium increase which is more than $26,000 over the budged amount for 2006. After much discussion, George Geisler made the motion to assess owners a total of $120,000 with a maximum of three payments to complete the required projects. Seconded by Dan Osborne, all were in favor, motion passed. F. Motion from the floor – Jonelle Kop requested the Board to withdraw her request to enclose the roof of unit #507. The Board was in favor. Her request was rescinded. IX. Motion was made by George Geisler to have the next meeting September 1, 2006, at 7 PM seconded by Guido Elias, all were in favor. Meeting adjourned. Respectively submitted, Linda Cantin, Recording Secretary |
MANAGERS REPORT June 16, 2006 It must be summer, the “weekenders” are back. The dock repair is complete except for the installation of 2 fire extinguisher cabinets. They arrived last night by an anonymous donor. The dock extension needs the electric and water lines run so we can install the Pedestals that house the water, electric and lights. It case you have not looked, Cheri and the landscape committee are doing a fantastic job. Thank you to all the owners, Cheri, Faye, Jeff, Darrold, June, Joe, & Don who worked so hard with the rocks, sod, dirt, planting and Jim, Kathy & Larry with drink and lunch support. Our new generator has been delivered , thanks to Joe Mulheim. The electrician has changed the electrical panel in the Adult room and installed the transfer switch. Everything tested quite well. Rear lobby doors have been installed. A new door has been ordered for the south entry to the pool deck. The doors are being changed to comply with our insurance requirements. Six “Hurricane” umbrellas with 130 lb. bases were just ordered. They should be here by July 1 st. I have been asked how we treat or clean the pool deck around the pool. My first response is to say “as needed”. We are still adjusting to cleaning the pool grating and surrounding areas. We no longer have a curb to trap the body oils or lotions. A strong bleach solution is used to clean the grating and pool deck. I also have been asked if there is a schedule for cleaning the carpeting. There is no a set schedule for cleaning the carpeting. They are cleaned as needed. Mark your calendars. JULY 1 st is Summer Sea’s annual Independence Day Celebration. Roast Pork, Cuban Chicken and Hot Dogs will be served. Cocktails 5:30 – 6:30 with dinner following. Music by Don Irwin. Respectfully, Bob Miller, C.A.M. |
