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.