HAWKES BLUFF HOMEOWNERS' ASSOCIATION
Board Meeting
Date: Tuesday, June 27, 2000
Location: Community Room
Directors
Present: Howard Neu, Jay Stahl, Gretchen Farmer, Jeff Stoller, and Mike Murphy
Directors
Absent: Mo Christie and John Pickett
The meeting was called to order by Howard Neu at approximately 7:30 P.M. Prior to the actual commencement of the meeting, Howard and the Association's attorney, Leonard Wilder drove over to Dykes Road and Huntridge to personally view the construction. Roll call of directors was taken, with Mo and John being the only directors absent, both having previously notified the board of their absences. Also present at the meeting was the Association's landscaper, Elliott of Pan American.
Elliott reviewed with the Board the damage sustained to the landscaping caused by the construction. There were four live oaks and two royal poincianas uprooted. The cost to replace the live oaks. with similar trees, would be approximately $1,000.00 per tree ($4,000.00 for the four). The poincianas would cost $400.00 per tree, or $800.00. Due to the size of the trees, part of the cost to replace was due to the fact that the trees would have to be brought to the property by flat bed and a crane would have to be utilized in order to plant the trees. Elliott mentioned that possibly the contractor doing the work was in violation of the Davie Tree Code (abuse of trees) and that he would contact Casey Lee, the Town's inspector, to visit the property. He felt that the contractor would be obligated to replace the trees taken. One further note, Elliott advised that some of the trees were taken by Mr. Dykes and replanted in his front yard.
In addition to the trees uprooted, the damage also involved the Association's sprinkler system. At this time it was difficult to estimate the total cost of the damage, but felt that a fair estimate would be approximately $1,000.00 to repair the system.
The other point covered by Elliott was the "Huntridge Fence" and that he was still storing the wood. The Association's attorney would write a letter to the owner, giving him until July 5, 2000 to pick up the fence or arrange for the delivery to a location of his choice. If no advice was received, the wood would then be disposed of. lf the owner picked up the wood, he was to pay the storage fees directly to Pan American but would be obligated to the Association for the cost of removal of the fence along with the Association's attorneys' .fees.
The Association's attorney then reviewed with the Board the various legal ramifications involved with the Dykes Road situation. He described the course of action, which was:
1. Determine who owns the easements and where the easements are situated. Hawkes
Bluff HOA is considered the servient owner of the property and the dominant owner was probably
Broward County.
2. Once the authority who maintains the easements was determined, they would be contacted in order to seek compensation for the property that was damaged.
3. He felt that a final figure should be obtained prior to seeking compensation for the
damage.
4. He would review the Plat and seek to obtain copies of the various plans and contracts. He further stated that an issue to be determined was what notice, if any, was required to be given as to what construction was being performed. He stated that he felt the Association should have been notified.
Mike Murphy stated that the project was to completed by July 8th or the Bond would be called in.
Other Business:
Claims of Lien were filed on or about May 4 against the four outstanding homeowners who had not paid the 2000 assessment. Those homeowners had approximately 15 days from date of receipt of the notice in which to pay and if they did not pay, the Association had the right to foreclose its lien. Upon motion duly made and seconded, and unanimously passed, it was voted to file foreclosure actions against the four homeowners. The Association issued a check to the Tucker & Tighe law firm in the amount of $800.00 to cover the cost of filing the four foreclosures.
Also, upon motion made by Mike Murphy and seconded, it was unanimously passed that a special assessment be filed against the owner of the fence that he be assessed for all costs, including attorneys' fees incurred by the Association involving the unauthorized installation of the fence and the subsequent cost of removal of the fence.
Treasurer's Report: Jeff reported that the total amount on deposit was the sum of $61,946.07, comprised of the following: $3,456.29 (checking account); $11,968.95 and $25,834.99 (money market accounts); and $20,585.84 (certificate of deposit).
North End Sign. it was estimated that construction would commence within a week or two. All approvals had been received. Pan American would do the landscaping in front of the sign. Also, the lighting of the north end would be held off until the sign was fully installed, as the sign was to be illuminated by Miele Brothers.
The next General meeting is scheduled for July 25, 2000.
There being no further business, upon motion duly made and seconded, the meeting was adjourned at 8:35 p.m.
Respectfully submitted
Gretchen Famqer
Recording Secretary