A PLACE TO BE

A PLACE TO BE

Thursday, July 29, 2010

JUST A REMINDER

During June’s Coffee Meeting Catherine DeMalade asked if the memorial pavers came under a 75% owner approval rule. The President's answer was that it didn’t come under the 75% approval clause because the change was minimal. I believe Catherine DeMalade and the President of the Board don’t interpret the Bylaws and Covenants as I see them.

It seems that most believe that you need 75% of the total Association membership to ratify any substantial alterations and additions. It appears to me that both the Bylaws and Declaration of Covenants say that when a decision is made by the Board to substantially add to or alter the Village common grounds, they must notify the owners to attend a meeting and ratify their decision. To ratify as I read it, our Board must get an affirmative vote out of 75% of the owners who show up at the meeting. That’s it.

On Voting issues, nowhere else except in Article VII (Bylaws) and Article X (Declaration of Covenants) do you find language like this that calls for an affrimative vote from three fourths of the owners PRESENT at a called meeting.

Technically as few as 5 owners could ratify a Board decision.

For all owners who care about the appearance of our Park, Article VII (Bylaws) and Article X (Declaration of Covenants) are the checks and balances towards decisions made by nine temporary Directors who wish to change the appearance of our Park.

March 2005 Restated Bylaws
Article VII. Substantial Additions or Alterations
There shall be no substantial additions or alterations to the Common Elements or Limited Common Elements by the Association unless the same are authorized by the Board of Directors and ratified by the affirmative vote of the Voting members casting not less than 75% of the total votes of the Unit Owners PRESENT at any regular or special meeting of the Unit Owners called for that purpose.

March 2005 Restatement of the Declaration of Covenants, Conditions and Restrictions.
Article X, Maintenance and Alterations
B. Although the Association may construct additional facilities for the benefit of the Condominium, there shall be no material alterations or substantial additions to the Common Elements or Limited Common Elements, except as provided hereinabove in Section A, or except as the same are authorized by the Board of Directors and ratified by the affirmative vote of Voting Members casting not less than seventy-five percent (75%) of the total votes of the members of the Association PRESENT at any regular or special meeting of the Unit Owners called for that purpose.

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Wednesday, July 28, 2010


BOARD MEETING JULY 28TH 2010

Pledge of Allegiance

Owners Speaking On Agenda Issues

There were none

President’s Remarks
Pres. Halbach read a letter from Judy Voss who suggested doing away with the Coffee Meetings and have closed workshop meetings. This will be on the Sept. agenda. To clarify, all comments, complaints or suggestions would be opened at the workshop and procedures concerning the issues would be addressed by the Board or by Management to resolve. A topic under New Businesson the agenda for the Board Meeting would give the results of the issues that were resolved.

Manager’s Report
Armando filling in for the GM went through the work orders and permits. Condo assessment arrears were $72,675, $45,305 more than last month. The laundry will be closed for a few hours Thurs. due to water heater repairs. Chicken night will continue until Labor Day and start back on a Wed. in Nov. The Rec. Hall will be closed Aug. 2nd for about a week to do the floors. The Sat. prime rib dinner buffet and chicken night had over 80 customers each.

Director’s Comments
Treas. Steffensen said they were thinking about moving the pool fountain over to the miniature golf area.
Dir. Gagan wanted clarification of tents and or pop up shades. The answer was they are not permitted.
Dir. Montalvo gave an apology to everyone involved in the incident where he got upset at a Security officer and Pat Burke on our last Mother’s Day weekend.

Approval of June Minutes
Motion made and approved

Treasurer’s Report
Treas. Steffensen went through the Treasurer’s report and nothing stood out. Total expenses were $142,199 less than this time last year. Village Grill, golf course, and Rental Office were in the red. In the black was Laundry and Newsletter. The $38,712 windstorm settlement was noted on the 2009 P&L to show why there was such a difference from 2009. The $1600 Hurricane Committee expenditure that Pat Burke made such a fuss about at our Coffee meeting ended up being $67.

Committee Reports
D&E-Dir. White said she received most of the band contracts and it appears next year will be entertaining.
Golf-They finish a cart path this week and have two left to do. Raffle has sold 160 tickets so far.
Pool- Treas. Steffensen said they received new tables and lounges.

Unfinished Business
The motion was approved for Ed McBride to pursue getting a free emergency siren from Port Isabel.
Dir. White said the Hurricane Manual wording has been changed. To give the Board time to review it will be voted on it at the next meeting.

New Business
Pres. Halbach said that Dir. White has received a warning letter about her unleashed pets. No fine is never given on the first warning.
August Board meeting has been changed to Thursday, August 26th.
Treas. Steffensen said management needed some compensation guidelines to handle rental customer satisfaction and owners renting satisfaction. Larry DeMalade made a comment about what he did on this subject when he was the GM.

Other

Adjournment

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Tuesday, July 27, 2010


COFFEE WITH THE DIRECTORS

Pledge of Allegiance

Comments from the Box
Lot 288 asked the Board if the ground keepers operating the grass clipping blowers would not quit before reaching the point where the grass cutters stop cutting. He felt it just made sense not to leave a mess and helps to beautify our Village.
Lot 287 complained that a ground keeper weed whacked one of their favorite plants.
Directors Commenting
Due to having computer problems, Dir. Gagan gave his apologies for the slow email response.
Treas. Steffensen reminded everyone that anyone driving into our Village must provide a valid license and Insurance information. She said that our security is still being hassled over this.
The GM said they are spraying for mosquitoes just about every night. On August 2nd our Rec. Hall will be closed approximately a week to do the cleaning and waxing of the floors. He said the Village will lose Time Warner analog channels 12 and 17 due to them going digital.
Dir. White said they had a good turnout for the “Cook-off” on Sat. There were three less teams due to the rescheduling. Over 100 people attended the karaoke/dancing “with Armando” that was scheduled in the evening following the cook-off. She said it was a fun time.
Dir. Guerra asked about the fire we had in our Village. The GM said someone dumped their hot coals into a garbage bin. The up side was that this made management aware that all Village fire extinguishers need inspecting.


Comments from Owners
David Gournic Lot 285 asked the Board to have more “no dogs allowed” signs around because there are too many dogs coming into the Activity and Rec. Hall areas. He has had to talk to three people about their dogs so far and didn’t know why this is all of a sudden happening. He asked Dir. White what happened during the hurricane. Was the Rec. Hall used to shelter people and pets? When Dir. White began to explain, she was interrupted by Pat Burke. Mr. Gournic again asked if the Rec. Hall was provided as a shelter and Dir. White said it was used as a safe haven. Mr. Gournic's response to that was "we don’t believe you Anita." Dir. White said that's fine, Ed McBride, who is the chairman of the Hurricane Committee, will be happy to address your question. Mr. McBride began by giving the July 10th committee’s report, but was rudely interrupted by Pat Burke yelling "answer the question." Mr. McBride said I was trying to give you the full answer, but in short, our Rec. Hall was opened to those who stayed or failed to leave in time. These people felt the Rec. Hall was a safer place than their residence. He said there were three people here with two pets that did absolutely no damage. Mr. Gournic said this Rec. Hall is not a safe haven with all these windows. Mr. McBride tried to explain further, but Mr. Gournic would have none of it..
Catherine DeMalade SC2 said we left the Park as a courtesy to the Hurricane Safety Committee. We have never left before and thought leaving the Park was mandatory. She said this Rec. Hall or any building in LIV is not safe and I fear a lawsuit might happen with allowing people into the Rec. Hall. She complained about her request being denied by Dir. White to have her Pool Committee sell dessert and ice cream during the cook off.
David Chapa Lot 22 said his two children were two of these occupants at the Rec. Hall. They had planned to leave that morning and didn't realized that the bridge had been locked open six hours earlier. He thanked Mr. McBride for all his help and felt the committee did a good job for only being organized a month. He said the Rec. Hall is safer and took full responsibility for his children staying there. Mr. Gournic got up and said I hope they're recorded what you just said and then started making comments about parenting.
The GM said the reason why these people were not notified about the swing bridge was due to a security guard failing to do what he was requested to do. This person no longer works here.
Harriet Gournic Lot 285 asked if anyone goes to channel 18 for these swing bridge closings?
Rick Contos SC57 reminded owners if you use a Time Warner HD box, you do not have access to channel 18.
Larry DeMalade SC2 said when he was the GM, he check into having a refuge location within the Village but the state wouldn’t approve such a place because of flooding. He then went on at length about his hurricane experiences.
Russell Judah Lot 329 complained about not keeping the kids out of the hot tubs.
Pat Burke Lot 768 had a problem with the Hurricane Safety Committee. In an odious tone she accused Ed McBride and Dir. White of spending $1600 that was not authorized by the Board. She wanted to know if these two people will be disciplined and what is being done to keep this from happening in the future.
Treas. Steffensen quickly explained a committee’s authority and said that in the future all committees must bring forth expenditures to be approved.
Pat Burke barked these two people should pay for this and then thundered her disapproval in leaving the Rec. Hall open during Hurricane Alex. She complained about the cook-off people using the pool and witnessing them firing up a grill after midnight. In a detestable tone she told the Board, it’s something I guess you can discuss. She quoted the bylaws because people are not obeying the pet rules and then zeroed in on the story about Dir. White's unleashed little dogs that one day barked at her. Ms. Burke said she yelled towards Dir. White’s residence saying in her words, Annita get your goddamn dogs on a leash. After Ms. Burke described to everyone of this terrible experience, she ranted to the Board what are you going to do about this? Is she going to pay a fine? I would like an answer. When our Directors realized that she was finally finished, they started discussing the issues only to be interrupted once again by Ms. Burke yelling is Ms. White going to be fined?
Martha Nell Dodson Lot 747 swore she was not going to say a word at this meeting, but now must because Ed McBride or Dir. White are two good friends that work hard daily for this Park and are never given a word of thanks. Pat Burke gave a belligerent laughed and Dodson turned to her saying that these things might be technically correct that you said Ms. Burke, so go ahead and laugh, but without a doubt there is an organized attempt here to discredit these two people who have done as much or more for this Park than anyone I know. A vast majority of the owners present instantly applauded.
Catherine DeMalade SC2 quickly argued that there are a lot of owners who do a lot for our Village but we don't need to stand up and mention any names. She switched to talking about two men with trash bags being seen in our Village during the hurricane. When someone yelled she said they jumped on a boat and took off. She said these were looters and as a suggestion to this Hurricane Safety Committee, we don’t need to announce that we're gone so they can come and get us. She, as Pat Burke did, had a problem with these cook-off people using our pool. She said she personally told them to acquire pool wristbands and they did, but thinks our amenities should be off limits to all the cook-off people. She changed the subject and told the told Board that she wanted the same people who put their names as graffiti on a sea cottage canal wall to come back and remove it. (You just can't make this up). She questioned if the memorial pavers were on common ground thus needing an affirmative 75% approval from the owners. She finally said channel 18 advertizes fundraisers far too long and needs a maximum of one month.only
Our GM said to Catherine Demalade that these two men you alluded to were not looters, but people who called the Coast Guard upon getting stuck here and it was the Coast Guard who yelled at them to board their vessel at 3 o’clock in the morning.
Albert Chapa Lot 187 the brother of lot owner 22 reiterated what his brother had said earlier.
Larry DeMalade SC2 complained that an issue has not been addressed by Dir. White. He basically said when a Board Member acts in a very unprofessional way with cussing out an employee and another Board Member, an apology is in order and in this case, Dir. Montalvo owes one to Becky from security and to Pat Burke. Dir. Montalvo said he admits to having a heated argument with Becky from security, but said that neither of us cussed at each other. Dir. Montalvo said the only one he heard cuss was Pat Burke. Pat Burke yelled, you called me a bitch, to which Mr. Montalvo denied.
Dir. White said this seems personal and doesn’t need to come up here. It won’t get us anywhere. She thanked the owners of lots 22 and 187 for their hurricane comments and added that we need to take care of each other during these times. Dir. White said she was guilty for letting her dogs off her deck and will pay any fine that's assessed. She apologized to those in the audience.


Workshop
President Halbach said he'll put Lot 411 wanting an extension on the agenda. He thinks the Rec. Hall is not a shelter and should be locked.
Dir. Guerra mentioned the various ways to give hurricane information so that everyone in the Village will be informed.
Dir. Gagan said the Board might think of using some type of a P.A. system to inform people in the Park. He told the security manager attending the meeting that his new weekend security man is not doing the job.
Dir. Gagan brought up that the water smelled nasty and turned the subject over to Larry DeMalade. Mr. DeMalade gave Villagers a long story just say that flood waters from Hurricane Alex had gotten into the Laguna Madre water system and developed algae that supposedly made people sick.
Our New GM said he would contact the water district and post his findings on channel 18.
Treasurer Steffensen went over the rules on implementing fines. Sealed bids were discussed.
President Halbach decided the memorial pavers were not under the 75% approval clause. He said for the Board to make a note for next year that the cook-off people must wear wristbands when using the pool.
Dir. White said she will bring up as an agenda item about her fine.
Larry DeMalade SC2 wamted to know what happened to the concrete that buckled along the sea cottage row. Our new GM said water and heat. Mr. DeMalade then questioned the water part.
There were additional conversations by the Board about keeping the Rec. Hall open during a hurricane. Ed McBride asked that the Board just consider the human life aspect when making their decisions. Larry DeMalade brought up that when he was GM during Hurricane Dolly, he used the siren and had security go door to door telling owners two hours ahead of closing the swing bridge and that worked perfect. Opinions went on for ten minutes ending with the Board saying they will contact the Village lawyer to get her opinion.
Meeting Adjourned

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Sunday, July 18, 2010


JULY COOKOFF

Because of the resheduling, there were three less exhibitors and the turnout seemed moderate, but everyone had a great time and ate a bunch. All judging catagories were won by different exhibitors who received $120 plus caps. The Karaoke Dance that evening was quite the success, ask Armando. There were over 100 people who attended, with new singers, and lots of dancing away from the mosquitos, ask Armando. It was great fun!!!

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Saturday, July 17, 2010


DO WE HAVE MORE RENTERS OR NOT?

Since Hurricane Dolly in 2008, the board has selectively used the windstorm insurance money to paint different fiscal pictures of our Rental Office. It was brought into play once again during our June Board meeting and put into the current newsletter, apparently to show that the first four months of last year's rental revenues were just as bad as this year.
In 2008 the insurance adjuster approved over $38,000 to cover lost rental revenues caused by Hurricane Dolly. These reimbursements were late to arrive, so the Board added them to the 2009 Rental Office revenues. Our Rental Office lost over $25,000 in 2008.

In 2009, this reimbursement was mentioned as needed, but what's interesting is that without this money the Rental Office lost over $25,000 in 2009, but this time without having a hurricane.

At the January 2010 Board meeting, an owner asked as to why the "09" Rental Office did so well. Nary was a word spoken about this windstorm insurance money, instead every owner at this crowded meeting was told by Pat Burke the revenue increase was due to two things, an increase in the number of renters going through our Rental Office and from the Board that implemented the many suggestions they received from a study done after Hurricane Dolly.

This continued at our Annual Meeting in March of 2010. Nary was a word spoken about this insurance reimbursement when Aramark proudly announced that our 2009 Rental Office posted a first time ever profit of $13,489. It could be found if you looked for it in Aramark's Annual Report that a $38,712 insurance reimbursements was distributed, not specically to the Rental Office, but to all of the Profit Centers.
This year's June P&L for the Rental Office reveals a $9,210 loss during the first four months, which apparently supports the $31,836 loss our Board has projected in their 2010 budget. In addition, our Treasurer last month blamed these current lossses due to a lack of renters going through the Rental Office.

Bottom line
2010 Rental Office is projected to lose $31,836
2009 posted a $25,223 loss (Insurance reimbursement not included)
2008 posted a $25,932 loss (Insurance reimbursement not included)
2007 posted a $8,175 loss (sewer loan/assessment reimbursement included)
2006 posted a $24,683 loss
2005 posted a $20,939 loss from Jan-Nov
2004 posted a $16,718 loss from Jan-Nov

What's your feeling about the Rental Office?

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