BOD Meeting Minutes December 19, 2012

Cloverleaf Center Condominium

BOD Meeting Minutes

December 19, 2012, 7:00‐9:00 PM

Upcounty Regional Services Center, Conference Room A

12900 Middlebrook Road, Germantown MD

Farouk Youssef called the meeting to order at about 7:06 PM. Peter Franke and Kreg Williams were present, Noorul Hinaya Jainoor was represented by proxy. Andrew Kim arrived about 7:15 PM. The meeting was announced by post card and by a sign at the entrance to the community. FY/PF moved to read & approve the December 4, 2012 BOD meeting minutes (4/0/1.)

Elan Krueger noted that Management has reserved Upcounty Regional Services Center Conference Room D for the Jan-May 2013 BOD meetings at 7-9 PM on the third Wednesdays of those months. Management recommends the Association ban pit bulls, and that owners who already have pit bulls write a release of liability. Mr. Youssef signed an addendum to the Management contract for 2013. The fire sprinkler issues related to low air pressure in Bldg 3 and an alarm bell in Bldg 7 are being investigated. EK reported that Heather Walter backed a car from the garage at 13057 B and clipped the side with a mirror; the damage to the garage is a car insurance issue; J. Reed (SFIG) is not interested; EK wishes to talk with the engineer regarding this structure; FY noted that roof work is pending; PF asked if there is a certificate of insurance for the Bldg 1 roof work. The damage list for Hurricane Sandy is open; AK is the only one John has not yet contacted.

The storm pond between the community and Kinster Dr. was drained and mud was cleared from the drainage pipe intake. There remains an issue regarding removal of the trees on the berm. FY will deal with this issue, as the County Inspector was abusive, raised his voice, threatened fines, and overstepped his authority by ordering our contractor to perform unnecessary work previously ignored by the County, i.e., cutting down all the trees by Dec 24 (including some at least twelve years old), regardless their age and size, and their value to the environment, and ignored any responsibility for the damage to the berm that may result (e.g., as a result of root rot.) That the 2010 work order was not previously enforced shows negligence on the part of the County. Run-off from Crystal Rock Drive and adjacent communities contributes about 80% of the drainage into the pond, so the County therefore “owns” it for its $1 easement. EK will continue mowing of the berm twice a year and asked what else would the Board like Management to do? FY will write to the County regarding the so-called environmental complaint; Management may alert the County that the Association absolves itself from any damage consequent to cutting the trees. The Association will continue the matter pending settlement of the question of ownership.

ARC: Motion (FY/PF) to send letters to 13031 B; 12804 DPD (5/0.)

Motions to pay Katchmark #8 ($98,198; FY/PF; 5/0) and SRG to 11/30 ($9,039.93; FY/KW; 5/0.) Remaining (unused) credit at ANB is $72,866.93.

Motion (FY/PF) to sign 2012 audit and taxes engagement letter with Mohn-Allen, $3450 (5/0.)

FY, PF, EK signed the Representation Letter for the Amended Draft 2011 audit; D&S will issue Final.

Curb and leash laws: EK wrote to the 150 owners that henceforth dogs not on a leash or not curbed will be reported; EK will contact CCIIIC in this regard.

Ownership of pit-bulls in Cloverleaf and Cloverleaf 3: Discussion of amendments to a rule proposal for pit-bulls to reflect current MD Court interpretation of the breed and release from liability letters from affected owners (e.g., Gunner, Charley) will be put on the agenda for the January 16, 2013 BOD meeting.

EK will devise a plan for replacement of any burned out carriage light bulbs (13W CF, 2700K); PF will take care of the two fire alarm closet keys (5 & 7) that went missing during the project.

Discussion of reserve study tabled.

FY moved to close meeting to discuss a short sale and current collections. The BOD rejected a proposal regarding the short sale (3/1/0).

The meeting was adjourned at 8:55 PM.

Reconvened November BOD Meeting Minutes

Cloverleaf Center Condominium

Reconvened November BOD Meeting Minutes

December 4, 2012, 7:00‐9:00 PM

Upcounty Regional Services Center, Conference Room A

12900 Middlebrook Road, Germantown MD

Farouk Youssef called the meeting to order at about 7:00 PM. Peter Franke, Noorul Hinaya Jainoor and Kreg Williams were present. Andrew Kim sent his regrets that he could not attend. The meeting, re-scheduled from November 21 due to the Thanksgiving Holiday, was announced by post card and by a sign at the entrance to the community. FY/PF moved to read & approve the October 24, 2012 BOD meeting minutes (4/0/1.)

FY/PF moved to approve the “Proposed 2013 Budget version 3b, Dec 4, 2012” (4/0/1), copies of which will be sent to the owners titled Approved 2013 Budget. Two of the 2013 contracts were approved: PF/FY moved to approve the master insurance policy proposal noted in the budget (4/0/1.) FY/KW moved to approve renewal of Brickman’s landscaping contract at no increase in cost ($24,468), including mowing and cleaning the storm water facility grounds twice (4/0/1.)

Approvals for the 2013 contract for management, the proposed 2012 audit (final draft due to ANB by end of March, 2013), the 2013 trash-pickup contract, the amended draft 2011 audit and representation letter, any additional cost thereof, discussion of the ownership and maintenance of the storm water facility, and discussion of tree-trimming, asphalt, concrete, or other reserve common element expenses in 2013 were postponed until the next BOD meeting on Dec 19.

PF/FY moved to note for the record that per the Bylaws, the costs for collections are accounted to those individual owners for whom there are collections actions, regardless that the WTP invoices have been paid up-front by the Association (4/0/1.) FY also noted that the TH owners pay for the losses from the Strobel bankruptcy. Aileen Kelly noted an objection. PF noted that any discrepancies between the TH, Plex, and Cloverleaf 3 audited expenses and assessments may need to be reconciled.

PF/KW moved to approve automatic monthly $18,000 deductions from the special assessment bank account by ANB to pay for the construction loan, plus a larger initial payment on Feb 1, 2013, exact amount yet to be determined (4/0/1.)

FY/KW moved to approve a proposal for a new roof for Bldg 1 at $28,560 (plus extra costs, such as vents) and to fund that from the special assessment (4/0/1.) Work will commence as soon as practicable.

FY/PF moved to approve Katchmark #6 ($133,130 paid), Katchmark #7 ($319,911.87 pending), and SRG #7943 ($11,576.99 paid.) Approved 4/0/1.

PF reminded owners and residents that attaching satellite dishes or other items to the Plex buildings and/or penetration of the buildings’ outer walls are STRICTLY prohibited, and to use the ACC process prior to any dish installation, and also reminded Cloverleaf and Cloverleaf III residents and guests to park only in the designated parking spaces.

Nominations from at least two TH and two Plex candidates are needed so that the Board may call for a reconvened Annual Meeting. PF noted that there will be dreadful consequences to all the unit owners when the elected Directors step down without elected replacements. A volunteer (Terry Wangari) arose from the floor for one of the Plex Director positions, and was asked to provide a nomination statement to Elan Krueger.

EK will get in touch with the owner of 13057 Bridger Dr to make a determination regarding damage to the foundation of the garage. EK noted that repair of the foundation, a common element, is an Association responsibility. PF asked whether there may be an auto-insurance issue. EK noted that another claim, (Mar 5, Luensman) is complete, and also noted that he is waiting for a work order for fire alarm panel and communication issues.  PF noted that Katchmark will replace two missing fire alarm room key lock boxes (Bldgs 5 & 7), and that new keys are needed.

A follow-up presentation and question-answer session about refinance options by Mr. Bruce Davila, chief mortgage advisor and consultant at Empire Financial Services resulted in renewed interest in this option. Ajith Edakandi asked about FHA approval status, and FY noted that is not going to work because of a problem in our Bylaws, page 28, Article 5, Section 14 (g.)

FY/PF moved to close the session to discuss the status of the collections and an owner’s request regarding short sale or foreclosure (4/0/1.) The BOD did not approve the proposal to pay $2,500 at closing (2/2/0), and agreed to counter that offer by accepting the balance of the first special assessment from the owner if the new owner agrees to pay the second special assessment. The BOD further agreed to consider a new payment offer, but noted that the payment must be in accordance with the resolutions of special assessment.

The BOD adjourned at approximately 9:30 PM.

October 24, 2012 BOD Meeting Minutes

Cloverleaf Center Condominium

Meeting Minutes

October 24, 2012, 7:00‐9:00 PM

Upcounty Regional Services Center, Conference Room A

12900 Middlebrook Road, Germantown MD

The President called the Assembly to order and noted that an Annual Meeting of the Association had been announced by postcard, by a letter including a proxy ballot, and by the sign. The President will note whether a quorum of the Association (38 owners present in person or by proxy) is present at 7:35 PM.  Upon establishment of a quorum, the President will open the 2012 Annual Meeting of the Cloverleaf Center Condominium. If a quorum of the Association is not present, the meeting will adjourn.

A quorum of the Board of Directors (Farouk Youssef, Kreg Williams and Peter Franke) was present and Mr. Youssef opened a BOD meeting at 7:05 PM in order to attend to pending business. Andrew Kim arrived at 7:30 PM.

Business:

• The minutes of the Sept 19, 2012 meeting were read and approved by a vote of 3 Aye, 0 Nay, and 2 absent.
• Storm Drain: Subsequent to the work previously authorized, the brush has now been removed at a cost of $6870. Work will continue in phases pursuant to the cash flow situation.
• Project: A motion was made (F/P) to approve the corrected invoice #6 from Katchmark. The motion was tabled pending further review. A motion was made (F/K) to approve SRG invoice #7886 for $11,335.70. A request will be made for a summary of the total amount paid so far to SRG. The motion was approved 3/0/2.
• WTP invoices: A motion was made (P/F) to approve payment of $6844.51 from the special assessment fund to WTP for the legal work related to the ANB loan approval. The motion was approved 3/0/2, and an approved copy of the invoice was given to Elan Krueger for payment. There will be a meeting with a WTP partner tomorrow regarding what the Association has paid WTP and what has been charged to the delinquent owners’ accounts.
• Representation Letter: Approved 3/0/2 with comments. A signed copy was given to Elan to forward to the auditors.
• FHA: Regarding any conflict between Cloverleaf Bylaw V. 14(g) and FHA approval, our Bylaws also permit us to promulgate rules for the well being of the Association. A motion was made to discuss with WTP the definition of “transient tenants.” Approved 3/0/2.
• The 2013 proposed budget will be mailed to the owners.

At 7:35 PM, ten (10) unit owners were present and a quorum was not reached. According to the rules, a reconvened Annual Meeting may be called. A motion to discuss delinquencies in closed session was approved (4/0/1). The Board adjourned at 7:50 PM (4/0/1.)

BOD Meeting 19 Sept, 2012

The following are the minutes from the 19 Sept, 2012, Cloverleaf Center Condominium Board of Directors Meeting, Conference Room A, Upcounty Regional Services Center, Germantown, MD 20874.

• The meeting was announced by a postcard and by the sign. Farouk Youssef called the meeting to order at 7:05 PM, Kreg Williams and Peter Franke present. Mr. Youssef announced that Andrew Kim would be absent but had not given a written proxy. [Noorul Hinaya Jainoor arrived at 7:12 PM.] Motion (FY/PF) to close the Meeting at 8:30 to discuss the WTP report (Vote: 3 Aye/ 0 Nay/ 2 Absent). Motion (PF/KW) to approve the Minutes of 8/22/2012 (Vote: 3/0/2.)
•  Continuing Business and Management Report: Elan Krueger (Management) reported Summit will mail the second Annual meeting announcement and the Proxy Ballot. Katchmark has been able to enter the units, but one owner disputes he is responsible for that unit. Another owner disputes the quality of the work. A pole light was repaired and a dead tree was removed and stumped out. Mr. Krueger authorized about $637 in repairs for a fire alarm flow switch and gauge, and the BOD agreed that was appropriate.  [Ms. Jainoor arrived.] Motion (FY/PF) to meet and discuss the 2013 budget on Oct 1 at 8 PM (Vote 4/0/1). Mr. Youssef noted that the audit is now 6 months late and we are not impressed. The most recent excuse for the delay is a “fraud letter”. It is too late to change this year, but to avoid a 1% penalty on the bank loan next year we will need a firm that will do the job on time.  Taxes were filed on September 15.
•  Cloverleaf has refused a recent DOT proposal that changed the terms for a lease of a section of our property from 18 months to 10 years. CCIIIC received a separate offer to purchase a portion of their property by eminent domain. On Sept 12, FY, PF, KW, and AK, with Larry Harris and Meg Guessford from CCIIIC, met to discuss drafting a letter to the County Executive. The letter asks why DOT has allowed the people to be misled with a sign about drainage re-grading while the site at the end of Kinster Dr was flagged for a future building. Why have neither the studies projecting unacceptable noise impact as a result of the extension of Century Blvd nor the failed soil test studies been publicized?
• A Reserve Fund CD matured and was transferred from United Bank to TD Bank. Our Funds (other that the Operating Fund Account) are now in TD Bank, Germantown (Common Reserves), and in Access National Bank, Reston, VA (Special assessments and that portion—57%—of LCE reserves that relate to the Plex building repair project, such as reserves for siding, roofs, etc.)
• The BOD, responding to a letter from 12915 Bridger Dr, states that repairs to or change of the doors, now aged 16-years, is the responsibility of the owner, not the owner’s neighbors. Furthermore, that owner was aware of construction defects and leaks from the get-go. When we recently replaced the siding, repairs were revealed that had been made with a Tyvac-brand tape that has not been used for ten years. That owner did not take action against the construction company, nor the sinking fund, and now wants to put the claim on us, and to involve her employer.
• Management gave a day care facility request form to 20537 GCD. The owner is difficult and does not understand that the owner’s role is to make the request, and the Board’s role is to approve the request. Mr. Krueger will notify the owner that without a properly executed form we will call the authorities to ask they cancel the County permit.
•  New business and community forum: The Plex building repair project has been going smoothly but we hit a snag with the Gyp-Crete subfloor sound barrier and fire retardant material. To replace any Gyp-Crete which has rotted out, we need to go to a Virginia Beach company that will only come if it is worth their while. To bypass this would not conform to current MD code. Although we may have a “grandfather” option, we like to do things right the first time. We will therefore bypass only units that don’t really need it and concentrate on the two units where the problem is known, at about $10,000 each. We will thereby run a little over budget.
•  A presentation and question-answer session about refinance options was given by Mr. Bruce Davila, chief mortgage advisor and consultant at Empire Financial Services, 51 Monroe St, Suite 1101, Rockville, MD 20850. To contact Mr. Davila: Office (240-499-3205), cellular (240-273-8582), email Financialservicing@gmail.com. The Association thanks Mr. Davila for the information he presented.
• The inadvertent late fees for 13109 Bridger Dr were waived. The hard copy of the #5 pay request from Katchmark has not yet been received. The meeting was closed at 8:30 to discuss the current WTP report. The meeting was adjourned at 9 PM.