A PLACE TO BE

A PLACE TO BE

Sunday, November 25, 2012

NOVEMBER 2012 BOARD MEETING

Absent was Director Guerra.
Owners Speaking
Lot 145 talked about the budget and questioned why the former Board gave Aramark a $250,000 annual increase. Owner also thought it was wrong this board should chastise Treasurer Sandberg for trying to bring outsourcing information to the table. Owner said during the finance committee meeting that he was a part of the Village GM walked out of saying he had better things to do upon which Director Chapa said your five minutes were up. The owner said last he heard we live in a democracy and he should not be silenced over Village issues. The board instructed that these meetings are for the board’s business and the Coffee Meetings are open to these discussions.
Lot 854 thought the owners agenda remarks should be at the end of these meetings.
Lot 638 said this is a meeting of the board in public and not a public meeting.
Lot 827 had questions about the bathhouse consolidations and praised the fact owners will now ratify issues in the future.
Manager’s Remarks – GM Horner expressed our Village has $75,858 in assessment fee arrears this month, double from the previous month.
The Minutes were approved but who knows which month they approved.
Treasurer Report-Director Sandberg wants the board to move forward toward the creation of a one million dollar emergency fund.
Committee Reports
D and E – Director White expressed the Trash and Treasure was a success while some later disagreed, then touched on the upcoming Thanksgiving Pot Luck, Christmas concert and the first cocktail party.
Golf- Director Sandberg retaining wall material was purchased for the water hazards.
Pool – Director Gunderson said a rollover account will be set up for the funds that were not spent this year.
Safety – N/A
Financial – Director Sandberg talked about the upcoming 2013 budget.
Building – N/A
Bridge Board Report – Director Chapa reported that there will be a 6.35 percent bridge budget increase for 2013.
Unfinished Business
Website Update – Director Gagan reported this is near completion.
Card Entry System – Director Gagan said he had contacted seven companies for card entry bids and only two seemed interested and of those two only one seemed plausible. Approximate cost for this system is $127,000. This issue then became open to the owner audience for well over an hour. In regards to the earlier shutdown of the lot 145 owner expressing concerns, what happened to that this is not a public meeting?
Bathhouse consolidation – as Director Kelmis explained earlier this issue will be voted on at the Annual Meeting to close bathhouses one and three.
New Business
Time Warner – Director White said channel 18 was not in the contract and will cost extra if wanted due to digital filtering.
Water Restrictions at the Boat Ramp – Director McBride said the water shutoff valve will be relocated behind the fence.
Sign Usage – Director White- motion approved to clarify policy that appropriate sized signs are allowed to be posted inside the windows of a residence.
Electronic Meeting and Attendance – Director McBride – motion approved two E-meetings allowed that will count as attendance.
Library Wall – Director Sandberg – motion approved of outside wall mural painting.
Rental Policy Addition – Director Kelmis – motion approved for stricter policy on rental cancellations.
Executive Meeting
Adjournment
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Wednesday, October 31, 2012

A TIBIT

It seems that the majority of this board has come to the conclusion that all directors should have access to the financial aspects of our community because Treasurer Sandberg has stayed.
Thank you Board
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Monday, October 29, 2012

OCT. 24TH BOARD MEETING

Directors Gagan and Gunderson were absent.
Meeting started with a Water District Director candidate being allowed to talk on his issues.
Owners Speaking Lot 142 expressed his concern about the pool’s water filtration flow problem. He was told it will be fixed upon receiving bids. These bids will include a current pipe leak and brass impeller replacement.
Manager Report had 86 work orders, 7 building permits, and a total of $35,729 in assessment arrears. It was noted if those in the grace period were to be included that arrear number would be over $96,000.
Minutes were approved and again the month was not stated in the motion.
Treasurer Report was done by Director Kelmis since Treasurer Sandberg had requested her resignation.
Committees
D-E has a Halloween Party this Wednesday at 7pm and a Trash and Treasure November 10th.
Pool is buying new pool furniture
Safety wants to meet with the Building Committee for possible code updates.
Finance said the budget should be ready for review by November’s meeting. Treasurer Sandberg at this time explained her problems and the criticism she was getting with asking for verifiable numbers from Aramark, some as simple as the payroll.
Unfinished Business
Website-almost done
Card Entry System- is waiting on six bids.
Dredging- is still waiting on an approved site.
New Business
Neighborhood Watch- next meeting Nov. 8th at 10am.
E-Mail List- owners need to sign up for instant LIV info.
Sign Policy- an amendment is under review due to the wording of the policy.
Election of a New Treasurer- will go to executive meeting; Director Sandberg wants to stay as Treasurer if this problem at getting verifiable information from Aramark is ironed out.
Charge Cards Rental- motion passed to accept credit cards and sign up Pay Pal for Rentals only.
Grill Opening and Chicken Night- motion passed that the Grill will open first week in December and Chicken Night will begin first week in January.
Solar Street Light Bids for the Letter Lots- are in process.
Mandatory Communication- over consistent lack of knowledge about between directors was brought up. Treasurer Sandberg wishes every director stays informed.
Other
Motion passed to use a Rental contract with an indemnity clause.
Executive Session
Did not have the result about Treasurer Sandberg.
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Wednesday, October 10, 2012

Email received October 10, 2012--9:30 this morning.

Theft victims met with Detective Padilla at Brownsville sheriffs office. They were informed that there are 11 active cases filed with their department--and 3 with the constable office for a total of 14. Mr. Padilla has advised us he will speak to our group, anytime. He was unavailable last night because he was involved with a murder suspect, in Brownsville.. He wants every new case filed with his office ASAP as soon as you know about break in. The office number is 956-554-6700. Do not wait hours or days later if possible.
TIME IS OF THE ESSENCE! Please file if you think it is important or not. Mark tvs, appliances, cameras, everything of value.Most important, take a picture, even if it is with your camera phone! Write down serial and model numbers. Make very accurate descriptions, that is why pictures help. Thank you everyone who came to the meeting, last night--and everyone who e-mailed and shared information. Lets keep the communication lines open and stick together,we can share accurate information and get this problem solved! I do want to stress that person of interest has not been apprehended!
Rona 
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Sunday, September 30, 2012

A TIDBIT

At September’s Board meeting Director Kelmis received some resistance to his motion of saving our Village thousands of dollars annually by closing bathhouses one and three. In short Kelmis didn’t see the need to waste $25,000 budgeted  to remodel bath house one or spend the money for housekeeping, maintenance, and twenty-four hour air conditioning. He said the Park would initially save $41,000 with the closings and $16, 000 each year thereafter.
Director Guerra said it would be unfair to these owners who own RV’s and that the construction and maintenance people would have to all go to just one location.
President Chapa said these bath houses were the reason why people were buying property here and when that didn't work cited of all things Article VII of the Bylaws as a reason why the Board COULD NOT close these bath houses. He said it would require three fourths affirmative vote from the membership at the annual meeting.
.Unbelievable, we finally have a director who notice Article VII of our Bylaws.
.Two years ago we had a $21,000 major improvement the size of a bath house being added to the side of our maintenance building that was clearly a new substantial addition and where was Article VII then? There has been at least eight other instances similar to this and it’s a shame that the first time our owner ratification law has ever been brought up was used for a suitability purpose.
In President Chapa’s case Article VII does not come close to applying. Does closing an amenity result in a substantial addition or a material alteration? I think not.
Article VII of the Bylaws and Article X of the Declaration of Covenants both express the owner’s right to ratify all and I repeat all the “material alterations and substantial additions” to our common grounds. President Chapa stated Article VII when being applied acquires an affirmative vote of 75% of the total membership where I read Article VII as calling for an affirmative vote of 75% of the membership that is present at a called meeting.
Read carefully Article VII of the Bylaws and Article X of the Declaration to see how you interpret them. 
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9/26/2012 BOARD MEETING

The meeting started with Pat Burke telling owners that Mary Steffensen had a successful bypass surgery. Our prayers are with you Mary.
The Board let a John Toby speak. He and a Rey Puente are running for the water district. One thing interesting mentioned was that LIV was by far the biggest water district’s customer spending $413,000 annually while the distant second highest customer was spending only $197,000.
Lot 145 touched on the issues he previously expressed this year.
The GM talked on the recent burglaries, the beginning of the work to correct the pool’s water flow problem and list of condo fees in arrears.
The Minutes were approved but once again no mention of which month.
D-E Committee said there will be a Halloween Party for October.
Pool Committee mentioned the revenues from wristbands ($10,172) and ice sales ($3,390).
Finance Committee said LIV’s budget will definitely be done before the December’s meeting.
Bridge Board Report discussed the needs for purchasing a used generator that’s priced right.
Website Update talked on the complexities of the rental ads and the use of PayPal. Next month the Board will see an example of what the website can do.
The Board approved Director Montalvo’s resignation. It was also mention that his position will probably not be filled until the Annual Meeting.
Bath House Consolidation had a motion from Director Kelmis to close Bath houses one and three. Directors Gunderson, Kelmis, and Sandberg voted yes to close and Gagan, White, and Guerra voted no. President Chapa voted no as a tie breaker. Director White then made a motion with Guerra second that this consolidation will continue to be reviewed. This motion passed.
Use for yellow cards by realtors in the Activity Building display case was voted down.
Motion passed to receive bids for a card entry system to our amenities.
There was a rehash over the absentee director rules for using phones instead of attending meetings. I believe rule is that directors can use the phones to participate but won’t be able to vote or be counted as being present.
There was also a rehash of the quiet time in our park. Quiet times are from Labor Day to Memorial Day 11pm to 7am and from Memorial Day to Labor Day Midnight to 7am.
Director Kelmis said he will do more research on the liability exposure when a rental does not have the proper insurance required.
There was a suggestion by Director Sandberg to provide owners with a grill calendar showing chicken nights and any other special events along with regular open and close times.
Jose Torres with Securitas went through the new changes he’s doing in Security.
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9/19/2012 COFFEE WITH THE SECURITY

Two months have passed and no need to list who said what at this Coffee. The topic was entirely security or the supposed lack of it. This focused on renters and burglaries and before the audience had a chance to voice their concerns the board introduced Jose Torres, a new seasoned regional supervisor from Securitas who said there will be new training towards our park’s unique security needs. The board also allowed a candidate running for constable chief to speak who promised permanent patrols and swift police action if elected.
There was an open forum security meeting the next day to collect ideas on how to remedy these problems happening to our village. Nothing to report on the workshop except it was short and done without a microphone.
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Saturday, July 28, 2012

Highlights of June-July board meetings

There was very little accomplished in either meeting. June-July unfinished business “LIV Website” and “Wireless provider” remained unfinished.
There is a concerted effort to correct the outdoor pool’s circulation problem when they search for the outdoor hot tub leak in September.
A yellow line will be laid at the curve by Bath house 3.
Motion passed to spend $5,196 for a large pool area shade.
Motion passed to continue LIV’s magazine’s ad. I did not hear a dollar amount.
Rick, the GM was criticized for not informing all the Directors he was taking his vacation. There was a director comment of his alleged procrastination of starting the months ago board approved new window project for the activity center’s east side.
The new rules for using the Activity Center’s bulletin board appear to have been misunderstood and will be corrected.
An owner asked why renters are allowed to bring in as many guests as they like, tremendously exceeding their overnight maximum number. No clear answer was given but the Board will look into it.
The Board said there will be an approved budget by January 1st 2013.
The profit loss statement was interesting enough to make the Tidbit article.
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A TIDBIT

Something stood out when reading our June’s Profit Loss summary. Total revenues increased less than 1% ($11,903) and each revenue center except Laundry (plus $74) was losing more money than this time last year, yet our net profit for the first six months this year was a quarter of a million ($258,244) better. These savings were made in the expense column.
Interesting to note that these savings matched the amount of the annual assessment fee increase that just started. Will this unexpected quarter of a million along with any future improvement that betters 2011 be used to reduce any assessments being charged to owners like dredging or road repair?
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Saturday, June 9, 2012

A TIDBIT

My apologies for offending anyone who feels blame has been laid upon Priest, DeMalade, and Burke. Casting blame was never the intent nor do I believe that was reflected in the two articles.
Giving opinions on Village issues are important including from these three, they are owners too, well maybe two, but I get it, everyone has the right to speak up and express themselves, but my pointing out the debasing manner in which this group of people systematically took it to a board member over an issue needed to be noted along with relevant history about the group leading up to such an event. In my mind any debasing manner, even if the Board member is guilty as hell, should not be tolerated in a Village of good hearted people.
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Wednesday, June 6, 2012

Unblemished Hypocrisy

The Rental Office has been an issue as far back as May of 2000 when the Board debated on its existence.They ultimately decided to keep it operational as long as it didn’t cost the owners.
Six years later our Rental Office had a two year record of losing big money. A Rental Committee is formed. They concluded these losses were due to an ever increasing number of landlords violating the “exclusive rights” clause found in Article VII of the Declaration of Covenants. In trying to find a way to correct this, our Directors were surprised to find they could neither close the Rental Office because that would more than double the losses nor could they enforce the “exclusive rights” provision because of previous years of non-enforcement. So the 2006 Board threw up their hands and said “Oh well”.
Since 2004 owners have poured around $25K a year into this money pit and how many times during those eight years did owners hear from these people who showed up at the Wednesday McBride bash expressing such a concerned about the Rental Office finances? ZIP, ZERO, NADA!!! Why was that?
I agree on virtually every point Larry Schroeder delivered during the Coffee blitz. For example his opinion that no one should be vilified over a conflict of interest nor should McBride be made to step down. Add to this was his wish that the Board enforce the Declaration of Covenants and figure out a way to keep all conflicts of interest from happening which by the way a week later the Board did the latter with eliminating any possible circumstance that could cause a conflict of interest for McBride.

Since McBride’s ethics were brought up numerous times at and after that Wednesday slugfest, I have to ask where were these people having these sharpened ethic concerns during 2008, the year a director sued six other directors. Where was this moral outrage in December of 2010 when yet another director thought to sue our Village over dredging? Finally, what grade did these ethic crusaders give the director who helped support the obstruction of our 2011 Annual meeting?
It was clear to many that the COOL gang was not at the last Coffee because of ethics, rule violators, nor were they concerned about Rental Office’s financial failures. They were there for McBride and no matter how you slice it; the COOL’s axiomatic grandiloquence supports that conclusion.
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Tuesday, May 29, 2012

They’re Baaack!

Reta Priest, Pat Burke, and Catherine DeMalade have spewed COOL gang rhetoric as far back as 2008. They along their cronies supported a Reta Priest lawsuit that stopped Ed McBride and five other Directors from replacing Catherine DeMalade’s husband who at that time was GM. Apparent results from this lawsuit to Village owners, a  lost of tens of thousands of dollars and years of acrimony, why, so Catherine DeMalade’s husband could abruptly retire months later.
At May’s Coffee the COOL gang seemed to once again take aim at Director McBride and orchestrated an unbelievable polemic show that started with a “Suggestion Box “comment that read there's a person (unnamed) in our Park illegally operating a rental business.
The next comment spoke on hearsay and wanted action against Director McBride. As if scripted the COOL seemed to sequentially vilified Director McBride and his wife with a great deal of innuendoes, half-truths, and hearsay.
Catherine DeMalade accused him of rental solicitation and providing his wife with LIV’s rental pool records. She demanded he immediately step down  and counseled any on the Board who side with him to do the same.
Reta Priest must have forgot about her 2008 lawsuit when writing her comment accusing the McBride’s of putting a financial burden on the Village. She even found room to say our recent condo fee increases were the McBride’s fault.
Ms. Burke piped in some legal jargon.
After the onslaught subsided Director McBride said it was no secret when elected he was helping his wife with her rental business and considered this nothing more than a personal vendetta.
In response Catherine DeMalade told McBride that after your re-election my husband and I gave you a fresh start and have nothing personal against you. This drew laughs from the audience which seemed to upset DeMalade’s husband because he turned around and took issue with the person sitting next to me that was laughing.
One week later
We have learned that the Realtor who originally questioned the legitimacy of Mrs. McBride's business has contacted the officials who oversee such so we will know later how much water these concerns hold.
Our Board displayed at the May’s Regular meeting they were not captive by the gang’s methodology. President Chapa made it clear this McBride issue was not a board issue and as for a possible conflict of interest Director McBride will be kept from being involved with any conversation, committee, or vote pertaining to rental policy issues.
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Short Board Update for May


Our fire protection code at the Park is a 6 and not a 10. Any owners who saw an increase in their homeowners insurance need to call and see if that was the reason for an increase. Copies of this information will be available at the Welcome Center.

Dredging is waiting on a site to dump the material. Original site was turned down and two new sites are pending.

Maintenance is waiting for the Board to approve one of the three bids (around $14K) for two new A/C units for the Rec. Hall.

There will be a June 23rd fishing event.

New Pro Shop hours Sat. and Sunday 8-5, Thurs. 3-7

Last year’s sun shades will be used this year.

Swing Bridge bought a new fork lift.

New website bids are coming.

New wireless providers will be researched.

Will begin measures to simplify the Minutes

There was a lot of Rental Office suggestions discussed.

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Wednesday, May 2, 2012

April 25th Board Meeting

Owners Speaking
Lot #145 gave some cost saving tips and reminded everyone that this year’s budget has close to $200,000 in revenue center losses.
SC 101 gave her reasons why with keeping things as they are instead of moving finances in-house will serve our Village the best.
Manager Report (Horner) recorded 78 work orders, currently replacing the Rec. Hall A/C, a $211 condo fee delinquency difference,  number five water retaining wall almost completed, and the indoor pool is now operating under a saline disinfecting system.
Minutes (month?) were approved.
March Revenue Centers
Golf (loser) $4474 Grill (loser) $23,364, Rental Office (loser) $7432, Laundry $1167 winner, Newsletter $1303 winner.
Committee Reports
Golf (Sandberg) said maintenance is finishing the retaining walls on holes 3, 4, and 5.
Pool (Gunderson) mentioned the Village needs an evening pool monitor but can’t afford it.
Finance Committee (Sandberg) was told by Director Guerra to bring all info to the table in order to let the owners information found by the committee.
Building Committee (Kelmis) asked for volunteers and talked about possible future phasing out of Park Models.
Bridge Board Report (Chapa) had no progress in current lawsuit and discussed buying or renting a generator.
Unfinished Business
(Kelmis) motion approved starting watering ban June 1st that authorizes only Tues. and Sat for car and property washings.
(Chapa) Motion passed to reschedule the auction on foreclosed lots 7, 125, and hopefully 706 to May 19th at 10am.
(Horner) said from now on there will be a manager working in the Village seven days a week.
Break in the Meeting
New Business
(McBride) said a new safety bulletin board will soon be installed.
(McBride) clarified poolside’s grill hours will be 12-8 Sat-Sun. (holidays) will add a Monday.
Liquor Law Questions (Sandberg) after being quizzical as to why Aramark holds the liquor license she received negative responses from directors including our President. Sandberg questioned past excuses that Aramark insurance coverage is necessary then questioned current Aramark liquor revenue reimbursements. (Guerra) wanted to table this until Sandberg could bring in our attorney, our auditor, and a representative from TABC  to validate her claims in front of the owners. (Chapa) said this is making a mountain out of a molehill and maintained keeping with the status quo. (Sandberg) stood her ground and implied that LIV’s pecking order seems to have changed because instead of an elected Board dictating to Aramark what course of action to take, Aramark seems to be telling the Board. After some debate, (Chapa) gave his opinion as to why the liquor license should stay in Aramark’s name and felt this should be put to rest. (Sandberg) said she was voted into office to look after LIV’s finances and will agree to bring in the people you requested to validate my assertions, but just because you want to put this to bed doesn’t mean it will go to bed. It seemed odd that those who approved a responding motion leaving the liquor license in Aramark’s name turned right around and said it needed further investigation.
Rental Gross Revenue Losses (Chapa) said our Village in 2010 collected ($72,435) less gross rental revenues and ($8315) less in 2011.(Chapa) blamed these reductions as reasons why condo fees had to be increased. One should point out there was an Insurance check (Hurricane Dolly) in the amount of $38,712 added to the 2009 rental revenues and the 2010 Board budgeted a $31,836 rental loss that ended up being a little over $35,000. (Chapa) also said the rental contract language is losing rental business and wanted the Board to consider a revised contract that a sixth grader can understand. Board Credit Card/Cell Phone Usage (Sandberg) questioned company credit card purchases from an employee on disability leave. (Chapa) explained his thoughts of no wrong doing and Guerra wanted this person in question to be present in order to defend himself.
Outsourcing of Lawn Service (Sandberg) for the purpose of seeing what savings if any there may be to present to the Board for discussion she was in the process of getting a few lawn care bids. (Guerra) immediately asked if she had acquired Board approval to obtain these bids and pointed out procedural transparency. (Sandberg) explained of her effort to notify members about this by email and agreed to the need for transparency which brings her to ask why she was denied Aramark financial information by Chapa and Polo. She received no answer but (Gagan) said he was for getting these lawn care bids while (Guerra) insisted the Board approve getting these bids. Moving Finances In-house (Sandberg) went nowhere.
Other (Sandberg) the Board needs to decide what updates are needed for LIV’s website.
Which irrelevant Board question wins this month’s award? Director Guerra asking where three guys in a golf cart were going with a cooler or if a pile of dirt could be made to look better.
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Tuesday, April 10, 2012

MARCH 28, 2012 BOARD MEETING

 


After the Pledge of Allegiance, Lot 145 owner said that TABC is incorrectly being described as the reason why our Board prohibits owners from bringing in their own alcohol during events.

We were told most of the recently laid sod was paid for by the Golf Committee. Management has started an inventory list on items valued at over $25.

There has been a location finally agreed upon on where to put dredging spoils and are waiting for a letter of confirmation from Mr. Freeland.

The Profit Centers showed in the first two months of this year the restaurant ($13,345 loser), golf course ($15 big winner), rentals ($3995 loser), laundry ($1,291 winner), and the newsletter ($712 winner).

The Minutes were approved but it was not stated as to which month.

VP White said D.E. will purchase additional card and round tables for the Rec. Hall along with new curtains for the restaurant. Treasurer Sandberg said the Golf Committee will have the rest of the water area retaining walls completed soon.

Bridge Board Annual meeting will be held April 7th. The Board unanimously elected owner Steve Fowler to the Bridge Board.

With Berry Pools contract being up April fool’s day, the Board passed a motion to change all pools and spas to a saline system.

The Board cut short debating on paying for outside sources to monthly update LIV’s website rental info when it was learned the rental office had only five units currently rented.

The 2012 Budget was approved along with implementing measures to assure the 2013 budget will be ready by January 2013.

The condo fee increase of $20 a month will begin on July 1st.

Motion passed to have LIV auditors do quarterly assessments.

Motion passed to purchase the bank note for foreclosed Lot 706.

Motion passed to prioritize the dredging of Canal “A” five feet six inches deep and to award the plaintiff that sued our Village over dredging, up to ten grand in attorney fees.

Motion was passed to provide the same schedule as provided last year for additional security between Memorial Day to Labor Day.

Motion passed to approve the 2012 schedule and have no meetings in August. 

Treasurer Sandberg wants to change the use management’s use of company credit cards, revise cell phone use, and get rid of non-essential computer usage. She also feels the GM should provide the Board management goals.

VP White told the Board the renewal of the music contract fee needs to be reviewed.

The water restrictions introduced by Director Kelmis were tabled.

One final note, at 10:30 the Board had a two hour long executive meeting with LIV’s attorney over numerous subjects.

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Sunday, March 18, 2012

TIDBIT

As the poll to the left indicates, 87% interprets the verbiage found in the Declaration of Covenants on ratification as being the voting percentage of those owners PRESENT at a called meeting. To be clear, RATIFICATION is only subject within our Declaration and Bylaws that hail the words “owners present”.
I need to remind the absentees who are concerned about substantial additions or material alterations of the Park; this is a called (every owner notified) meeting for ratification and proxy eligible, so your presence and vote can be arranged no matter what time of the year. As I see it there are only two reasons why our ratification regulation is not being enforced, directors aren’t knowledgeable or feel it’s too much work. Let’s start enforcing this regulations then work on the rest. 
To review these regulations, look to the left and click on March 2005 Restated Declaration of Covenants (Art. X section B) or March 2005 Restated Bylaws (Art. VII) Comment?
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Thursday, March 8, 2012

Chapter 82

After the Annual Meeting there seemed confusion as to who exactly voted on exclusively using Chapter 82 of the Uniform Condominium Act, so there’s a good chance we will see a redoof the voting. For those still confused about the issue, this may help.
Currently the 1963 Chapter 81 Condominium Act covers our Village along with thirteen RETROACTIVE sections of the 1994 Chapter 82 Uniform Condominium Act. Our Village attorney wants owners to vote to amend our Declaration to exclusively use the updated Chapter 82 UCA because she believes opposing attorneys will use Chapter 81’s vague and outdated language to costly extend any litigated process.
An overview comparison shows Chapter 82 is shorter by omitting 20 sections found in Chapter 81 deemed non-essential but retains C-81’s overall format and section titles.
It renames the "public offering statement" found in Chapter 81 to a friendlier "condominium information statement" and replaces the priority Lien with a statutory lien for assessments which favors the association.
It has easier rules for developers, stronger assessment collection language, and permits non-judicial foreclosure of an assessment lien while permitting a 90 day buy back if the Association purchases the foreclosed property.
It requires owners to furnish the Association mortgage information and when necessary gives a Board the ability to communicate with those lienholders about their debt. 
It gives the board the ability to terminate certain utilities, suspend voting rights, and stop common element privileges for nonpayment of assessments.
It rids the old need of Chapter 81’s indexing specifications of recorded instruments by our county clerks and adds several affirmative duties to unit owners and his tenants which include compliance with association documents.
I hope this helps and here is a site for more details. http://www.settlepou.com/uploads/TUCA-1994.pdf

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Monday, February 27, 2012

RATIFICATION

Year after year it becomes apparent that our Board of Directors ignored certain things. Allowing owners to use "Village ratification rights" for material alterations and substantial additions has never been granted. Babble is all a person gets when addressing this issue like substantial is defined many ways or you’ll never get 75% of the owners in the Park to even vote much less ratify something. My favorite was a board member saying we’re elected to make these kinds of decisions for owners and if they started ratifying everything they wouldn't need us.
We find the Village ratification rights in the Declaration and in the Bylaws. These rights were not put in there just to fill up space but to ensure the power of change was not given to an elected majority of nine, but left in the hands of concerned owners.
Previous Boards have argued we need 75% of the total owners to ratify (768 owners out of 1024). I'm not alone in thinking (SEE POLL ABOVE LEFT) Declaration's Article X and Bylaw's Article VII say 75% of however many owners show up at an announced ratification meeting only need to vote and the majority of those votes rules. It’s as simple as that so I ask, why aren’t we doing it?
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Sunday, February 26, 2012

The Rental Office

Three times over the past decade the Board has made decisions not to close the Rental Office. The first time they made one condition for staying open, it cannot cost the Association money. Well we all know that didn’t happen since Association members now are subsidizing around $30,000 annually so those few who rent through the Rental Office can make a lot of money.
We’ve been told twice we now can’t afford to close the Rental Office because office figures show the losses would more than double each year.
So being a simple man help me out here, surely I'm missing something. Could it be the answer was given at our February board meeting?
After President Montalvo expressed his frustration with Aramark on acquiring flow charts, Director Sandberg added similar ones and believes that in keeping two set of books, one for LIV and one for Aramark, it becomes a total nightmare to get an answer on even the simplest of things like how much did we spend on Verizon last year.
She couldn’t believe the paper trail that Aramark requires an Association bill to travel. For instance, Verizon sends their bill to the Welcome Center. The office manager opens it up and gives it to the GM for approval. The GM sends it back to the office manager so she can enter it into Aramark’s system and you would think that should be it, right, cut the check and mail it, right? Not so fast, after it's been entered into Aramark’s system the bill now travels to the Aramark people in Pennsylvania where they purge it for processing in order to make a check out to pay the Verizon bill in our behalf. So now we’re done, right? Wrong, a month later the Pennsylvania people will have to send our office a statement requesting a reimbursement for their efforts and our office now has to go back through their set of records to reconcile Aramark’s numbers. When this is all said and done, the office will show in Aramark’s system that the reconciliation has taken place and our office can now make a check to pay Aramark.
In short what normally takes any other office five minutes to pay a simple phone bill, our office takes an hour and the Association has to pay that employee for that time. To do all the items that flow through the office this cumbersome way it would not surprise me that Aramark has required the need of more office employees. Take as many guesses as you want as to who would pay for that and while you're guessing, who has to pay for the services of the people in Pennsylvania? Even President Montalvo said after reviewing his cash flow reports that he feels our Village is paying Aramark $110,000 a year for the most part to pay our bills, little else.
So one might find it interesting if this may have everything to do with losing $70,000 per year if the Rental Office were to close. Is it time for our Association to wake up to Aramark.
Your comment
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Saturday, February 25, 2012

BULLETIN: condo fees raised 9% and Board says future infrastructure assessments are coming

At February’s meeting three choices were brought to the table due to last year’s $221,000 budget deficit. A 6% across the board spending cut. Raise fees $5 per month plus a 4% across the board spending cut. Raise fees $20 per month to cover the total deficit with $25,000 to spare while cutting nothing.
The Board gave their old worn out talking points like “everybody knows that prices are going up” and “people up the street pay twice as much”. One director even said it's not intelligent to think cutting 6% is the answer to this problem. That made me to wonder as to who made it a choice in the first place?
Those present unanimously approved the third choice that provided them more than needed without addressing a dime in cuts. Sound familiar? The good news is this measure can still be amended so here are three suggestions.
Since it was said the $25,000 overage and the upcoming CPL savings were not in the 2012 budget, earmark these to specifically pay towards the refurbishing of our roads, sewers, and canals. This should greatly reduce or even eliminate future infrastructure assessments. Pass a motion that there will be NO employee salary increases (including this year’s $70,000 one) until Aramark manages the amenities to a near zero deficit. Lastly, recoup all Rental Office losses from those owners who chooses not to abide by the very explicit rental rules found in the Declaration and bylaws.
Does this make sense?
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Thursday, February 16, 2012

February Coffee Meeting

From the suggestion box.


Lots 274 and 364 want a dog park. This will be brought up at the Regular Meeting.

From the audience.

Lot 870 complained about his four year sewage smell. The GM is working to solve it thinking the air release valves need to be relocated in-between the pump stations instead of at the stations along with sending a video probe down in the affected sewer area to detect leaks.

Lot 571 asked for someone to explain this vote item he received in the Annual Meeting packet. VP McBride said our Declaration and Bylaws have us under both the Condominium Act 81 and 82. This vote is to have the Park exclusively use Condominium Act 82 and rid the park of Act 81 that holds a lot of the gray areas that lawyers can argue thus costing our Village less in lawyer fees if litigation happens over a foreclosure.


Lot 329 asked who is going to pay for the cleanup of the unused concrete being dumped in our dumpster area. GM said the Village is responsible. Owner later asked how many foreclosed lots do the Park currently have and what will be done with them? The answer was three and it has yet to be determined what to do with them.

Lot 828 asked the Board to pass a rule when a member or spouse of a member of the Board passes away that it will be put on the marquee.

Lot 708 for the second month asked what’s being done with the street lights being out. Answer was the power company has the work order.

Lot 831 asked why last Wednesday’s chicken night time was shortened. Answer, it was shorten to prepare for a 7pm event. Same person asked why not make the event start at 8pm instead. No answer, only laughter.

Lot 627 walked in and asked why we have an unused treadmill sitting in the hallway for months when we have people like right now 3 deep waiting to use one. He asked can be put it in the exercise room. Request approved.

Lot 96 said there are maintenance needs for the pavilion. Board said they will look into it.

Lot 171 had a problem with not getting channel 18 while using HD.

Lot 106-108 said there is a consistent body of water in his yard along with having low water pressure. He wondered when that might be looked at.

Lot 491 had a problem with receiving a letter from the Association. This letter as it turned out put golf restrictions upon him. He thought that the four members on the Golf Committee have overstepped their authority and wanted the Board to intervene. One member of the Golf Committee got up and explains the situation that brought them to send this letter. After hearing the explanation, the individual who received the letter said the explanation was a lie and the members on the Committee lie. After things settled it appears that the letter stays.

SC 120 said the Coastal Current had a nice article about LIV’s golf course.

The general manager requested that the Board add to next week’s agenda a discussion and vote towards a new electric CPL contract. The old 3 yr. 9 cents per kWh contract to which the previous general manager touted as a super deal is to possibly be replaced with a new 2 yr. contract at 5 cents per kWh. It will be on the agenda.

Lot 329 took issue in somehow our GM was laying pressure on the Board to make a hasty decision.

Lot 96 wanted to improve the restaurant’s window shades.

Workshop.
On the agenda for the Regular Meeting next week will be the credit card bill pay, a new CPL contract, and the dog park.

Comments.


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Wednesday, February 1, 2012

A TIDBIT

In the mist of telling everyone that our 2012 operating capital will be in the tank by a whopping $232, 000, Treasurer Steffensen again brought up the cost for Time Warner. She’s right when saying that Time Warner’s annual $181,000 price tag is a lot of money, but so is the $150,000 being thrown away to support our money pit revenue centers each year . When the Board approved this ten year Time Warner contract in 2008, it touted a monthly per unit cost of $11 with no more than a 5% increase per year and now we're told it cost just under $15. If you think about it you can’t obtain cable or satellite for twice that. If we have a 5% increase each year until the end of the contract it will be cheaper than what an individual can get today. One has to ask if there really is a problem here? Would it not be wiser to leave Time Warner alone and focus on the $70,000 Aramark salary increase, or maybe to try to create a new charge towards those who waste our water. Maybe even do something more about these money burning Revenue Centers.
Your thoughts? 
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Jan. Coffee/Regular meeting recap

COFFEE
The Lindley Creek Show band performed two ditties to give a taste of their upcoming Saturday gig.
After reading two improving the Village Grill suggestions from the box, VP McBride said there will be an upcoming vote to advertise a $15 discount coupon towards a golf/meal combo.
Workshop
It got interesting when Director Sandberg sought a need for clarification in determining who is eligible to run for the Board. Only LIV owners or designated owners of a corporation are supposed to be eligible but the Declaration/Bylaws are a bit vague. This was not the first time our Board wanted an owner eligibility clarification. The August 2009 Coffee Meeting with President Pat Burke established they were going to create a better owner clarification and some reason the subject was never brought up again.
Dick Lothe, Steve Fowler, and V.P. McBride encouraged the Board to consider what they thought was a fair Sun Harbor swing bridge assessment increase and Pat Burke indignantly argued against it.
Director Deitrick said he will address the policy review he conducted at the next regular meeting and asked that the Board read his review. He talked about the enforcement of traffic rules, forming an extra D-E entity to sponsor LIV activities, and closed with saying in adding to Director Sandberg’s board member clarification issue, we as a Board should also consider making it a rule disqualifying those who resign.
Regular
Pat Burke anxiously voiced her disgruntlement over the way Dick Lothe, Steve Fowler, and VP McBride asked the Board to calculate Sun Harbor’s share of swing bridge assessments.
The Park assessment arrear total this month was $29085 and LIV has recently obtained three foreclosed properties.
The dredging project awaits an approved site to dump material somewhere on Freeland’s property. The Rodriguez Brothers Dredging Company who is currently doing a project for SPI has met three times with our GM and figures to be our Board’s best choice. No dollar figure yet but one would think not having to pay to ship their equipment and crew down here would save our park a ton of money. It seems this company has a month left to do for SPI before they could start our one week canal project.
Last year’s Revenue Center winner and losers (January thru November, 2011)
Village Grill -$51.877 LOSER
Golf Course -$68,509 LOSER
Rental Depart. -$27,591 LOSER
Laundry -$1,865 LOSER
Newsletter was the only WINNER spewing a +$3180 figure.
The Finance Committee will be busy prioritizing this year’s Major Improvement Fund that exceeds $200,000.
The 2012 OPERATING CAPITAL forecast.
REVENUES are expected to be down by $50,000.
COSTS will be higher due to increases in water, Swing Bridge, and Time Warner costs, but the biggest firm increase will be the $70,000 increase in Aramark salaries. Last year the water was $91,000 over budget and expected to be $86,000 over this year. It was made clear that watering the Golf Course was not the reason for these increases.
Bottom line there will be a $233,000 Operating Capital deficit for next year.
After hearing hullabaloo over children driving golf carts and amendments to a few policy revisions, all revisions were approved.
A $15 coupon for golf and meal approved.
In the near future LIV may accept the use of a credit card to pay assessments. When approved the idea is to use the LIV’s internet site at a (10 cents) per transaction cost and of course any small hidden fees.

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Sunday, January 1, 2012



 
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