REGULAR
MEETING
THE
GLADES OWNERS ASSOCIATION
THURSDAY, JULY 23, 2009
THE
GULF BEACH BAPTIST CHURCH
MINUTES
In attendance
were Board Members George McNitt, Ken Patterson, Tom Holmes,
Gus Martell, and
John Bridges. There were 8 Glades Owners in
attendance.
The meeting was
called to order at 6:30 P.M. by President McNitt.
·
Approval of May 21 Regular Meeting
Minutes. Martell motioned we approve the minutes. Seconded by Holmes and
carried.
·
OLD BUSINESS: President McNitt
reviewed the status of the Glades II Pond Agreement and introduced our Glades
Attorney, Bill Henry as well as Glades resident Tom Crusey who has many years
experience in the Insurance Industry. Judy Lee related her understanding
regarding the history of the ponds and how they
became an increasing financial liability to Glades II owners. The
previous board authorized Ms. Lee to survey Glades II owners and found 85% were
agreeable to removing the pond pumps. Subsequently, Wes Burnham agreed to lease
the ponds and take on the insurance liability. Mr. Crusey gave his opinion this
would not relieve the association of liability. He also questioned whether or
not Mr. Burnham has a vested interest. There was quite a bit of discussion and
the consensus was that Burnham does have a vested interest. President McNitt
then asked our attorney to give us the result of his research. First, Mr. Henry
stated that Homeowner’s associations do not have authority to lease property.
However, Mr. Henry says that TGOA may grant a license over common areas. There
is no requirement for a special
membership meeting or quorum and the board can grant a license as part of
its power to manage TGOA’S business. As to liability, Mr. Henry quoted
Florida law that there is no liability for a drowning in a body of natural or
artificial water. The general rule is the owner is not guilty of negligence for
a drowning. Also, based on case law, Mr. Henry said liability insurance is not
necessary. He said it’s a business decision for the board, pointing out that
members are not individually liable. However, he said that in the event of a
lawsuit against TGOA, he said the cost of defense could be high and ultimately
cause the association to go broke. There was discussion of alternatives to
reducing liability such as filling in the ponds or dissolution of Glades II, but
the general consensus was these are not viable alternatives. Lastly, Ms. Lee
said she will show the proposed license agreement to Mr. Burnham. In the
meantime, Mr. McNitt asked Bridges and Martell to get new insurance quotes from
other companies and present their recommendations at the September meeting. Mr.
Crusey offered to assist in this search.
·
Treasurer’s Report. Treasurer
Patterson reviewed the financials and indicated the board must be very cautious
in spending for the rest of the year. He reported that 14 Homeowners have not
yet paid the extra $100. He said that 3 had not paid regular dues of $200 plus
the $100. McNitt ask Patterson to send out a 45 day notice of intent to place
liens. Mr. Easter has a question about the $400 water bill. Ms. Lee said there
was a sprinkler problem on Middle Beach entrance, now repaired. Martell motioned
and Holmes seconded acceptance of the Treasurer’s report and it
carried.
·
Environmental Report: Martell gave
his report, indicating 13 homes in need of mowing. He has made phone calls and 3
have corrected. He reported one motor home parking problem. As he is unable to
reach many of the owners, he wants authorization to draft a letter for board
approval to send to owners in violation of covenants. Holmes motioned approval
along with the report, seconded by Patterson and carried.
·
Maintenance Report: Maintenance
Chairperson, Judy Lee gave her report on the new Bay Landscaping Company. In
addition, she asked for authority to spend $90.00 to
pressure wash the Back Beach entrance signs. McNitt motioned, Martell seconded
and it carried. Ms Lee brought an estimate for additional landscaping as well as
additional lighting. Due to low cash flow, McNitt cautioned we need to put these
items on hold. Patterson motioned deferring, Martell seconded and it carried.
·
NEW BUSINESS: There was some
discussion about the location of the new sign to be constructed at the R.
Jackson Blvd. entrance to the Glades. The general consensus was for the signs to
be located near the R. Jackson Blvd. entrance so people could see the signs as
they approach Grand Heron. McNitt has contacted contractor John Spiller who will
meet with McNitt and Bridges.
·
CITY LAISON: Tom Easter gave the
following report: (1) On July
9, he and McNitt attended a City Council meeting regarding a proposed racetrack
near the subdivision. The project was ultimately approved over the objections of
the residents who were present. (2) Easter reported that the city had cleaned
the abandoned property at 310 South Glades which is apparently in foreclosure.
·
Easter reported that in applying for
Flood Insurance for his home, the insurance company required a Topo of his
property. He said that City residents can get copies of their property topo from
the City of PCB.
·
President McNitt thanked Crusey and
Henry for their input.
·
Patterson and Holmes recommended
adjournment and it carried. The meeting adjourned at 9:00 PM.
Respectfully
submitted:
John
Bridges
VP
and Secretary