2017 March BOD Agenda, Minutes

(2) If the association enters into a contract or other transaction with any of its directors or a corporation, firm, association that is not an affiliated homeowners’ association, or other entity in which an association director is also a director or officer or is financially interested, the board must:
(a) Comply with the requirements of s. 617.0832.
(b) Enter the disclosures required by s. 617.0832 into the written minutes of the meeting.
(c) Approve the contract or other transaction by an affirmative vote of two-thirds of the directors present.
(d) At the next regular or special meeting of the members, disclose the existence of the contract or other transaction to the members. Upon motion of any member, the contract or transaction sH all be brought up for a vote and may be canceled by a majority vote of the members present. If the members cancel the contract, the association is only liable for the reasonable value of goods and services provided up to the time of cancellation and is not liable for any termination fee, liquidated damages, or other penalty for such cancellation.

Why are we owners not seeing the approval of the last Privileged Board meeting the SLohA Board had with their attorneys and why are the legal fees already at $103,000.00 this year? Add that to the last fiscal year's spending on legal fees, plus the much higher Insurance rates and I would estimate that we owners just threw away 1/4 million dollars on bad decisions that the management company spearheaded and our Board eagerly approved.

What is this Fee of $100 Stmbug Ixx charges when you go to settlement on your property sale in SLR?
I was told by a owner they had to pay Stmbug Ixx a $100 at settlement on their recent home sale.
Is this $100 fee something new? What is it reason for such a fee?

720.30851 Estoppel certificates.—Within 15 days after the date on which a request for an estoppel certificate is received from a parcel owner or mortgagee, or his or her designee, the association sH all provide a certificate signed by an officer or authorized agent of the association stating all assessments and other moneys owed to the association by the parcel owner or mortgagee with respect to the parcel. An association may charge a fee for the preparation of such certificate, and the amount of such fee must be stated on the certificate.
(3) The authority to charge a fee for the certificate sH all be established by a written resolution adopted by the board or provided by a written management, bookkeeping, or maintenance contract and is payable upon the preparation of the certificate.

                                     S-bag Lake Owners Association
                                    Board Meeting Minutes, March 15, 2017
                                            9:00 A.M., SLR Clubhouse

DRAFT – Pending approval, SLohA Board of Directors

Directors present: Tummy Blkbrn, Dave Dunk Key, Nunsee DerRandy, Jhn GodWyn, Clf Jnsn, leery listerine, T Roof, Chrls Schlz, Dyeann Will i am son. Also in attendance were Chap Lish, SLR manager, and Toneesha Shrodr, Stmbug Ixx Management.

The meeting was called to order at 9:00 A.M. by President leery listerine. Clf Jnsn gave the invocation which was followed by the Pledge of Allegiance.

After leery listerine called for the approval of the minutes from the February 15, 2017, board meeting, D Brnd, owner, 93 S-bag Trail, called for a point of order from the floor disagreeing with the structure of motions pertaining to committees as they were written and recorded in the February board minutes. He recommended the minutes not be approved as written. leery listerine said the discussion had been dealt with and called for a vote on approving the minutes. T Roof moved the minutes from the February 15, 2017, board meeting be approved, seconded by Dyeann Will i am son. The minutes were approved as written on a voice vote of the directors with no director voicing opposition to the motion.

The agenda was approved with one correction. Tummy Blkbrn asked that “Correspondence” be amended to “Correspondence Report”.

Chap Click, President leery listerine, and Secretary Tummy Blkbrn, gave reports, which will be incorporated into the official minutes and posted on the SLohA website, www.slresort.net and on official bulletin boards within the resort.

Following the Correspondence Report, Tummy Blkbrn thanked the Horseshoe Club for purchasing four sets of letters and numbers for the large message board near the post office.

Treasurer Dyeann Will i am son presented the latest financial report which is available at the SLR office for all owners and is posted on the SLohA website. Dyeann Will i am son made a motion that the name of Jade Rite be removed as signer and leery listerine, Tummy Blkbrn, Dyeann Will i am son and Nunsee DerRandy added as signers for all SLohA bank accounts and the safe deposit box. The motion was seconded by Clf Jnsn and approved unanimously by voice vote with no director voicing opposition.

In addition, Dyeann Will i am son made a motion to allocate the prior year’s rollover surplus to offset this current year fiscal year (2016-2017) budget deficit. The motion was seconded by Tummy Blkbrn and approved unanimously by voice vote with no director voicing opposition. Tummy Blkbrn moved that the financial statement be accepted, seconded by Dave Dunk Key and approved unanimously.

Under old business, leery listerine presented an update of the proposed Veterans Memorial project in S-bag Lake Resort sponsored by Alpha Delta Omicron local chapter of Beta Sigma Phi Sorority. A copy of his remarks will be incorporated into the official minutes. Tummy Blkbrn reviewed past correspondence and board action regarding the project. With the board’s permission, Tummy read a letter to the board of directors from Cle m Do wler, 15 Gngr Quill, on the subject of the Veterans Memorial that was delivered as the meeting began and wasn’t part of the Correspondence Report.

Under new business, the following action was taken by the board of directors.

· Board meeting dates for 2017-2018 were approved as presented to the board in a motion by leery listerine, seconded by Clf Jnsn. In a voice vote, all directors were in favor, none opposed.

· Dave Dunk Key made a motion for a rate increase of both storage space and dockage rates of approximately 10% beginning April 1, 2017, and a similar increase each year through 2021 during which time the availability issue and possibilities for expansion will be considered by the storage space committee. The motion was seconded by Jhn GodWyn and approved on a voice vote with no opposition. In advance of the meeting, leery Allison, 10 Royal Coachman, signed up to speak on the agenda item of storage and boat slip fees. leery Allison offered a suggestion regarding placement of sheds in the storage area to expand the number available.

· T Roof initiated discussion on the subject of a tax certificate for abandoned property in S-bag Lake Resort. As an example when an owner dies with no will and the heirs abandon the property and cease paying assessment fees and property taxes. Toneesha Shrodr explained the reasoning and procedures for the association to protect its interest in abandoned properties within the resort. Chrls Schlz made a motion that S-bag Lake Owners Association pay the taxes of the properties at 22 Pink Lady and 32 S-bag Trail North for the years 2014 and 2015. Funding to come from line item legal-lien foreclosure in the 2017-2018 budget. Clf Jnsn seconded the motion. In a voice vote, all directors voted in favor except for Jhn GodWyn who was opposed. The motion was approved.

· T Roof reported on the facilitated workshop held on March 8, 2017, for owners to express their opinions on a variety of topics about the resort. T is compiling the data provided by note takers in each group for use in budget deliberations next fall. T thanked all owners, between 70 and 80 people, who participated, the facilitators and the note takers. Participants expressed an interest in more workshops in the future.
Under Committees, the following action was taken.

· leery listerine made the motion that as it is required under Article VI (section 4) of the SLohA bylaws that all committee appointees be approved by a majority of the Board of Directors, that the slate of appointees to the Standing Committees and Ad Hoc Committees herein described be approved as presented to serve until revised or the committee is disbanded by approval of the Board of Directors. Dyeann Will i am son seconded the motion and it passed with no
opposition in a voice vote by the directors. A description of the committees, their mandates and members, will be attached to the motion and incorporated into the official minutes of the meeting.

· Chrls Schlz reported the Governing Documents Committee has sent a recommendation letter for a Covenant acceptance change and they have also included the new wording for the Covenant change. The following is the wording that would replace Covenant 15 of the current 1989 Covenants. “The Covenants and Restrictions may be amended or released provided said amendment or release is approved by written ballot by the owners of not less than two thirds (2/3) in number of the lots shown on plats for Unit 1, Unit 2 and Unit 3, S-bag LAKE, as recorded on the plat books of Polk County, Florida.” Chrls Schlz moved that the Board accept the recommendation letter from the Governing Documents Committee, the Covenant wording change and the Board forward the wording of this Covenant to the Attorneys for approval. Jhn GodWyn seconded the motion and it was approved in a voice vote of the directors with no opposition.
With no further business on the agenda, the meeting was open for owner comments or questions. Owner comments are presented by name, address and subject.

' Dick Clerk, 89 Beaverkill, status of financial reports on the SLohA website, action by SLR Men’s
Club to provide no funding for the proposed Veterans Memorial unless all veterans are
included, storage area and fees, and tax certificate for abandoned properties
' Jm FoolDay, 87 Royal Coachman, flood insurance coverage, tax certificate on abandoned
property
' Cheryl Brodeur, 1 Gngr Quill, proposed Veterans Memorial
' Rick Cater, 6 Stone Fly, tax certificate for abandoned properties
' D Brnd, 93 S-bag Trail, committees motion, flood plain information

With no further comments or business for the board, the meeting was adjourned at 10:50 A.M. Respectfully submitted,
Tummy Blkbrn

T Roof initiated discussion on the subject of a tax certificate for abandoned property in S-bag Lake Resort. As an example when an owner dies with no will and the heirs abandon the property and cease paying assessment fees and property taxes. Toneesha Shrodr explained the reasoning and procedures for the association to protect its interest in abandoned properties within the resort. Chrls Schlz made a motion that S-bag Lake Owners Association pay the taxes of the properties at 22 Pink Lady and 32 S-bag Trail North for the years 2014 and 2015. Funding to come from line item legal-lien foreclosure in the 2017-2018 budget.

Section 7. Except for expenditures for emergency maintenance repairs, the expenditure of over $50,000.00 for any one project, which had not been provided in the approved budget, must be approved in advance of committing the expenditure, by a vote of the membership, suing the same procedure as voting on a proposed change to the Regulations.
 
Similarly, approval by vote of the membership is required before real property owned by the corporation can be sold or real property costing more than $25,000.00 can be bought by the corporation.

A Tax Certificate is a lien on property created by payment of the delinquent taxes due. It is not a purchase of property.

Florida statutes require the Tax Collector to conduct a sale of tax certificates beginning on or before June 1st for the preceding year's delinquent real estate taxes.

Prior to the tax certificate sale, the Tax Collector must advertise the delinquent taxes for 3 consecutive weeks in a local newspaper of general circulation. The amount of the certificate is the sum of the unpaid real estate tax and the non-ad valorem assessment, including 3% interest for April and May, and 5% Tax Collector's commission and advertising costs.

Bidding on the certificates starts at 18% interest and is bid down until the certificate is sold. Interest is paid at the rate of the winning bid.

When a tax certificate is redeemed and the interest earned on the face amount is less than 5%, a mandatory charge of 5% interest is due. The person redeeming the tax certificate pays the interest rate bid or the mandatory charge, whichever is greater.

Now you own a tax certificate, so what can happen next?

A certificate holder is not allowed to contact the owner of the property carrying the delinquent taxes for two years. Such contact can result in costly legal action.

When the owner pays the delinquent taxes, the interest is calculated and a check is sent out with a notice to the certificate holder.

The certificate can be sold and transferred (for about $2.25) to another name.

Let’s say the owner doesn’t pay the delinquent taxes. Two years from the date of the delinquency (April 1) but no longer than 7 years, the tax certificate holder can request a tax deed application. This process starts the foreclosure of the property. To foreclose the property, the certificate holder making application for a tax deed has to pay the Tax Collector an application fee, a title search fee and all amounts required for redemption or purchase of all other outstanding tax certificates, interest, omitted taxes, and delinquent taxes as well as applicable Clerk of Circuit Court fees, relating to the real estate. In most cases the property is scheduled to go to sale at public auction by the Clerk of Circuit Court within 3 to 4 months from the date of the tax deed application. Holding the certificate creates no advantage towards owning the property. The highest bidder becomes the owner of the property.