October 26, 2011 Assembly minutes

Cloverleaf Center Condominium

October 26, 2011

Assembly

7:00‐9:00 PM

Upcounty Regional Services Center Conference Room A

12900 Middlebrook Road

Germantown MD

Minutes

              I.      Call to order: Farouk Youssef, President of the Association, called the assembly to order at 7:17 PM.

            II.      Proof of announcement: The 2012 Annual Meeting of the Association at 7 PM, October 26, 2011, at the Upcounty Regional Services Center in Room A, was announced by mail to all Unit owners, and by placement of a sign at the entrance to the community.

          III.      Establishment of a quorum of the Association:

a.      A quorum of the Association is 25% (38 members.)

b.      Nine Unit owners were present in person, and two by proxy.

         IV.      Mr. Youssef moved to adjourn and reconvene the Annual Meeting at 7 PM on November 16, 2011, at the Upcounty Regional Services Center Conference, Room A.  The motion was duly seconded and approved by a show of hands of those present.

a.      Discussion: The business of the meeting on November 16 will be to elect a Plex Director, followed by any other business of the Association, and a Board of Directors meeting.

           V.      ACC convened by a vote of the Directors (4 Aye, 0 Nay):

a.      20516 Bridger Way (Tomson): Requested to replace the garage door. Mr. Youssef moved to approve; Mr. Franke seconded; Mr. Kim asked regarding the pattern; Mr. Tomson replied that it would be the same as the rest of the community; Mr. Krueger noted there may be a tax credit. Vote: 4 Aye, 0 Nay.

         VI.      Open forum

a.      The budget will be discussed on November 16.

b.      The motion to approve the 2009 Annual Meeting minutes cannot be made until the meeting has reconvened. The 2010 Annual Meeting was not reconvened.

c.       Diana Smith asked about contract renewal. Elan Krueger said insurance is open for bids; received a new bid for landscaping from Stolberg.

d.      Mr. Krueger will check on the planting of the berm; it was noted that Brickman is mowing on rainy days.

e.      Requiring access for the work Guardian recommends will be placed on the November 16 agenda.

f.        If we don’t get a loan, we may do one building; however, prices are contingent.

g.      By MD Code 11-110, Associations are now at the same level as mortgagees. As the Association has four months priority, may expect to see mortgagees escrow four months of dues.

       VII.      Mr. Youssef adjourned the assembly at 8:22 PM, and called for a meeting of the Board.

     VIII.       Establishment of a quorum of the Board:

a.      Farouk Youssef, President,

b.      Andrew Kim, Vice-President,

c.       Peter Franke, Treasurer, and

d.      Noorul Hinaya Jainoor, Member at Large, all present, establishing a quorum.

          IX.      The Directors discussed the management contract with Mr. Krueger.

            X.      Adjournment at 9 PM.

November 1, 2011, 7:30 PM

November 10, 2011, 7:45 PM

Farouk Youssef, Andrew Kim, and Peter Franke, iaw Article III, Sections 9, 10, 15, and elsewhere, met and discussed the budget, the management contract, the 2010 audit, attorney fees, the loan, the special assessment, and a pending action in the CCOC.

September 21, 2011 BOD meeting minutes

Cloverleaf Center Condominium

Sept 21, 2011 Board of Directors Meeting

7:00‐9:00 PM

Upcounty Regional Services Center Conference Room D

12900 Middlebrook Road

Germantown MD

Minutes

              I.      Call to order: Farouk Youssef called the assembly to order at 7:04 PM.

            II.      Proof of announcement: A meeting of the Board was announced by post card mailed to unit owners, and placement of a sign at the entrance to the community.

          III.      Establishment of a quorum of the Board:

a.      Farouk Youssef, President,

b.      Andrew Kim, Vice-President,

c.       Peter Franke, Treasurer, and

d.      Noorul Hinaya Jainoor, Member at Large, all present, establishing a quorum.

         IV.      Prior minutes: Moved to incorporate minor changes to a draft of the August 17, 2011 minutes, and to approve those minutes with changes, passed by a vote of 2 Aye, 2 Abstentions (due to absence in August), and 0 Nay. The finalized minutes will be posted and placed in the permanent record.

           V.      President’s report: The recent communiqué to the Plex unit owners explained the current situation regarding the project.

a.      All is in place except the money.

b.      The lender is backing out for dubious reasons, after four hours of discussion to address their questions. We put the lender into a corner, as they must lend Federal money if we can make payments. In spite of the staggering rate of delinquency, we can make monthly payments. Will add on later our reserves. Although the Federal rate is essentially zero, the bank charges at least 5%. Still pending, next step is to go to Federal government.

c.       Mr. Youssef moved to close meeting at 8:30 to discuss WTP report (collections.)

         VI.      Management report by Elan Krueger:

a.      The 2011 Annual Meeting will be held on October 26 in room A at this site. Proxy notices and ballots have been sent.

b.      This has been a busy month, weather-wise: Tree damage and leaks. Took care of the ones we needed to, and the property came through well.

c.       Sent letters regarding the sidewall sprinklers (work in unit interiors.)

d.      Quarterly sprinkler inspection found a communication deficiency (modem/ alarm); will get back to the contractor on payment.

e.      Bulk trash pickup on Saturday.

f.        Insurance claim for 20526 GCD, due to the leak from 13015 B. No feedback from Farmer’s on credit against claim, even though it was the Unit owner’s fault. Mr. Youssef’s advice is to sit on the money for now. Regarding the bill, Mr. Krueger assured the Board that the Association will be made whole.

g.      Mr. Krueger will get quotes from Brickman.

h.      Answers have been given regarding itemization.

       VII.      Continuing Business

a.      Reimbursement for extraordinary mileage; Mr. Youssef:

                                                              i.      Noted examples of a need for reimbursement for mileage:

1.      Delivery of interrogatories to WTP in D.C. (28 mi each way.)

2.      Inspection of a Katchmark reconstruction site in Herndon, Virginia, followed by visit to Virginia Commerce bank, Vienna, VA (32 mi each way.)

3.      Planned visit to a Herndon, VA, bank next week.

                                                            ii.      Moved that extraordinary mileage is a bona fide expense, reimbursable, with the original receipts (e.g., record of mileage, Google maps) required by the auditors, at the Federal rate. Vote 3 Aye, 1 Abstain, 0 Nay.

b.      ACC requests

                                                              i.      20613 Duck Pond Place (Eapen), flagstones: Board’s approval at last meeting stands. Requires inspection of completed work.

                                                            ii.      13055 Bridger Dr (Ducker) exhaust pipe and electrical disconnect box.

1.      Received letters from Andrea Ducker, dated September 12, 2011:

a.      PVC vent: The Board asked for a notarized statement that the owner will be responsible for the exhaust pipe to be erected on the roof. The Unit owner stated that the contractor would give that statement. However, there is a legal problem with that, as the Association is not the purchaser. In case of a leak, if the contractor is gone, we would hold the bag.

                                                                                                                                      i.      The Unit owner provided a notarized letter that stated in part that: “This communication acknowledges and affirms that I, Andrea Ducker, will be personally ‘responsible for any leaks due to the placement of (the) tube on the roof’…”

b.      Electrical disconnect box: The box has a high tension wire to ensure steady current when the compressor starts. Workers must be able to interrupt this current. Another requirement is that the heat pump must be three feet from the box and the body of the building. Other residents in that building have changed their compressors and have exaggerated the size of their units, leaving a small space. The new pumps do not use Freon, are more efficient, and are bigger. This Unit owner also wants an over-sized compressor, which will not be three feet from the box. The Unit owner wanted to remove the box, but we refused that demand. The box will not be moved. Mr. Youssef counted twelve heat pumps of different sizes in the community. None ever questioned us about moving the box.  Why should the Board make an exception? We explained this situation, but the contractor convinced the Unit owner that is the only way.

                                                                                                                                      i.      The Unit owner provided a second letter that: “…is intended to share additional information about the electrical disconnect box. The current electrical disconnect box will be left in place and will not be moved from its current location. A new box will be mounted on the outdoor condensing unit. There will be no impact on or defacement of the building housing my unit…”

                                                                                                                                    ii.      The problem is that:

1.      The compressor would be less than three feet from the building (the engineer has noted it must be three feet or more.)

2.      To mount the box on the compressor, it must be on a pole, and a box mounted like a flag on a pole would be exposed to all sorts of hazards.

2.      Discussion:

a.      Mr. Franke noted that the letter is an amendment of the request. The Board needs an illustration with the new specifications.

b.      Mr. Kim asked the Unit owner to submit a diagram showing three feet of separation in compliance with regulations.

c.       Mr. Youssef stated the owner bought the Unit “as is” at a low price. He noted that another unit in the community has a Trane compressor that rises vertically from a smaller footprint.

d.      Mr. Kim asked us not to assume anyone is at fault. The owner just wants the biggest unit. What did the inspector report?

e.      Mr. Youssef replied that the Association paid Structura Engineering $250 to inspect, and they reported the same thing (3’ separation.)  The Board will treat everyone equally.

3.      Mr. Youssef moved that Mr. Krueger draft a letter to state that:

a.      The Board accepts the notarized letter.

b.      The Board rejects the second letter.

c.       The Board requires the dimensions of the proposed unit and a diagram showing the footprint and disconnect box. Vote: 4 Aye, 0 Nay.

c.       Hearings

                                                              i.      12953 Bridger Dr (Scott) broken garage door: Is Unit is occupied by a renter? Mr. Youssef proposed a stern letter stating Unit owner did not appear at this Hearing. If garage door not replaced within two weeks, Board will take appropriate measures. Cost of door about $750 plus installation. What are the liabilities for loss if owner does not respond?

                                                            ii.      12834 Duck Pond Dr (Little) exposed cable: No answer. Letter stating: Remove wire within two weeks, or Board will take action including, but not limited to, action to rectify the violation.

     VIII.      New Business

a.      ACC request: 13001 Bridger Dr (Negron) replacement of lower entry door: Approved. Vote: 4 Aye, 0 Nay.

b.      A draft of the 2012 budget will be sent out to the Unit owners on October 14. The Board shall formally consider the budget on November 16.

          IX.      Community Forum (8:20‐8:30)

a.      Mr. Youssef stated that the community will not subsidize those who will not pay. He will confer with WTP regarding the Association’s responsibilities regarding publishing the delinquencies. There is little in the way of common services that can be withdrawn.

            X.      Adjourned to a closed session at 8:30 PM.

a.      Discussed collections and pending actions

          XI.      Adjournment (9:00)

October 13, 2011, 8:00 PM

Farouk Youssef, Andrew Kim, Noorul Hinaya Jainoor and Peter Franke, iaw Article III, Sections 9 and 10 and elsewhere, met and informally discussed a draft of the 2012 budget.

August 17, 2011 Board meeting minutes

Cloverleaf Center Condominium

Board of Directors Meeting

August 17, 2011, 7:00-9:00 PM

Upcounty Regional Services Center, Room A

Germantown, MD

Minutes

I.                     Call to Order (7:07 PM)

II.                    Establishment of a quorum of the Board of Directors

a.       Present:

                                                               i.      Farouk Youssef, President

                                                              ii.      Andrew Kim, Vice President

b.       Absent (due to travel):

                                                               i.      Peter Franke, Treasurer, gave his proxy for this meeting to Mr. Youssef.

                                                              ii.      Hinaya Jainoor, Member-At-Large. A written proxy was given to Mr. Youssef.

III.                  Proof of Announcement

a.       Postcards were sent to all unit owners, and a sign was posted at the entrance.

IV.                 Continuing Business

a.       Approval of the Minutes

                                                               i.      The July 20, 2011 minutes were approved (4 Ayes [2 by proxy], 0 Nay.)

b.       Management Report (Elan Krueger, Summit Management)

                                                               i.      The Annual Meeting will be held Wednesday, October 26, 2011, 7 to 9 p.m. at the Germantown Upcounty Regional Services Center, Conference Room A.  Postcards calling for one BOD candidate have been mailed-out.  The official cut-off date is Wed., September 21, 2011, which is the same as the next Board meeting.

                                                              ii.      Todd Canali recently joined Summit Management as a new Administrative Assistant.  He replaces Tiffany Hope.

                                                            iii.      A test was conducted by Guardian Fire Protection at 13009 Bridger Dr (Anna Prisutti.)  The sidewall sprinkler head was replaced, and drywall patched. 

1.       Letters were sent to the 13 owners who have sidewall sprinkler heads that need to be replaced, but only two have responded so far. 

2.       The Board urges those unit owners to respond. 

3.       About $7,300 of Guardian Fire Protection’s invoice is in negotiation. 

                                                            iv.      Bulk-trash will be removed by Potomac Disposal on September 24, 2011.  Reminder postcards will be mailed-out.

                                                             v.      A water leak at 13015 Bridger Dr. flooded the unit below. 

1.       13015 Bridger Dr. is FHA-owned property, and there has been a lack of response. 

2.       The money paid by insurance to CCC needs to be reconciled with the invoice from Minkoff. Some of that payment will go to the unit owners to apply to flooring repair (and/or upgrades.)  Minkoff is currently waiting for a response from the unit owners whether to select a flooring option within the limit of the insurance reimbursement, or to upgrade and receive credit off Minkoff’s price.

3.       Mr. Youssef asked Mr. Krueger who is responsible for paying the percentage that Summit charges for the insurance claim.

4.       Mr. Krueger answered the usual charge is to the people who instigate the incident. This has been done already for other incidents. The Association does not pay more.

                                                            vi.      The draft of the 2010 Financial Audit from Deleon & Stang was forwarded earlier this month, and should be signed within sixty days. 

1.       Mr. Youssef stated that the draft audit was full of mistakes, and a revision needs to be scheduled.

c.       ACC

                                                               i.      13055 Bridger Dr. (Ducker):  The Board sent a letter to the unit owner stating that the unit owner, not the vendor, must certify responsibility for any damages due to the requested roof exhaust pipe.

                                                              ii.      20613 Duck Pond Pl. (Eapen):  The unit owner requested placing paving flagstones in front of that unit to cover an area of perpetually-dead lawn.  Previous attempts to revive the dead lawn have been unsuccessful.  Mr. Youssef moved to approve the application.  Andrew Kim seconded (2 Ayes, 2 Proxy Ayes, 0 Nays.) 

1.       Wade Owen of 13037 Bridger Dr. asked whether voting on these matters with two proxy votes is permitted under the CCC Condominium Bylaws.

2.       Mr. Youssef stated that such is permitted. 

3.       Mr. Krueger suggested that this meeting be continued assuming that such is permitted. Any necessary changes can be made afterwards. 

4.       Aileen Kelly of 20557 Golf Course Dr. suggested that, if in doubt, the Board Members who are present at the meeting can suggest a decision and it can be voted upon officially at a later time.

1.       There are currently four cases in which violations need to be removed, and two which require an ACC Hearing.

1.       12953 Bridger Dr (FHA):  Garage door repair needed.  A letter was sent on July 6, 2011.  It is still in violation as of July 29, 2011.  A hearing will be scheduled. A follow-up letter will be mailed.

2.       12834 Duck Pond Dr: Cable hanging from the exterior.  It is still in violation as of August 2, 2011.  A hearing will be scheduled.

3.       20533 Golf Course Dr:  Exterior rotten wood.  It was still in violation as of July 29, 2011 but was rectified upon later re-inspection.

4.       20547 Golf Course Dr:  Cable hanging from the exterior.  It is still in violation as of July 29, 2011 but was rectified upon later re-inspection.

5.       20612 Duck Pond Dr:  Exterior rotten wood and missing/crooked exterior numbers.  They were rectified as of July 29, 2011.

6.       20602 Duck Pond Dr.:  Exterior rotten wood.  It was rectified as of July 29, 2011.

d.       Financials

                                                               i.      Mr. Youssef moved to hold a closed meeting of the Board after the open meeting.  Andrew Kim seconded (2 Ayes, 2 Proxy Ayes, 0 Nay.)

                                                              ii.      Mr. Youssef stated that page 86 of the July Financial Statement shows total legal fees to date of $19,378.

1.       June’s legal fee was $17,169, all related to Whiteford Taylor Preston (WTP.)

2.       Mr. Youssef asked Mr. Krueger if CCC will be getting any money back from WTP, and Mr. Krueger stated that he will check the amount.

3.       Mr. Youssef stated that the Board cannot waive these attorney fees, charged to the unit owners in connection with efforts to collect on accounts with delinquent assessments.

e.       Mr. Youssef stated that the term for Diana Smith, who has been functioning as a Member-At-Large, expired on July 22, 2011, and that she will no longer be serving on the Board.

V.                  New Business

a.       Mr. Youssef stated that some Board Members have used their personal vehicles for conducting needed Association business.

                                                               i.      Several recent trips have been expensive due to the distance traveled (e.g., to and from various lenders in Northern Virginia.)  He recommends that the Board approve reimbursement for mileage, and tabled discussion to the next Board meeting.

VI.                 Open Forum

a.       Assessment Delinquencies:  A letter has been drafted and will be mailed to the homeowners to urge all unit owners to bring their accounts up-to-date, especially those with relatively small balances due.  Even if the amount is small, that will help in lowering the overall delinquency rate.  WTP, the collections law firm, has been efficient.  Last year, a total of $69,500 was collected.  A total of $61,000 has been collected so far this year (as of 08/15/11).  The overall delinquency rate, however, will not be lowered, even if some owners choose to voluntarily pay-off the Special Assessment in full.

b.       The planning phase of the Plex Units Renovation Project is nearing its end, and a company called Katchmark Construction is so far the best candidate overall.  The project can potentially begin as early as October of this year if funding becomes available, and the entire project is expected to last less than one year.  One of the strong points for Katchmark is that it will utilize its in-house crews for most of the project, instead of utilizing subcontractors.  The project will encompass the repairing/refurbishing of the decks, siding, the internal sheathing, and the roof.  Our shingles are no longer up to code and will need to be completely refurbished.  It is estimated that there will be an increase in the price due to the increased scope of the work, and another Special Meeting to increase the Special Assessment amount up to approximately $18,000.  The monthly payment will likely stay the same, and the term of the Special Assessment likely be extended.  As of today, the estimate for the total amount, including the expected interest, will be approximately $1.6 million at 5.5% APR.

c.       A tree stump near 20559 Duck Pond Dr. needs to be removed.

VII.               Adjournment (8:11 PM) Mr. Youssef moved to adjourn to a closed session.  Mr. Kim seconded (2 Ayes, 2 Proxy Ayes, 0 Nay.)

VIII.              President’s Call to Order:  8:15 PM.

a.       Mr. Youssef, Mr. Kim, and Mr. Krueger were present.

IX.                  Business

a.       Various topics regarding delinquent accounts were discussed.

b.       Various financial and accounting-related matters were discussed.

X.                   Adjournment of the Meeting

a.       Mr. Youssef moved to adjourn the meeting at 9:00 PM.  Mr. Kim seconded (2 Ayes, 2 Proxy Ayes, 0 Nay.)