Minutes June 15, 2011

Cloverleaf Center Condominium

June 15, 2011 Board of Directors Meeting

7:00‐9:00 PM

Upcounty Regional Services Center Conference Room A

12900 Middlebrook Road

Germantown MD

Minutes, corrected

                    I.      Call to order, 7:04 PM: Farouk Youssef opened with the following:

a.      During this Board’s first open meeting, almost two years ago, we voted to abide by Robert’s Rules of Order, as amended. We have since worked in that frame fantastically.  The meeting tonight is no different. Tonight we face pressing problems, and the rules will be in force for everyone (Board members, residents, and guests.) At the end of the meeting there will be an open forum; until then, no interruptions and no speeches, unless recognized by the Chair.

b.      Mr. Youssef introduced the members of the Board and the Summit Manager.

                  II.      Proof of announcement:

a.      Notice of the meeting was sent December 15, 2010.

b.      A sign was placed at the entrance to the community.

                III.      Establishment of a quorum:

a.      Mr. Youssef, President,

b.      Andrew Kim, Vice President,

c.       Peter Franke, Treasurer, and

d.      Hinaya Jainoor: Present, establishing a quorum of the Board.

e.      Diana Smith was absent due to an emergency.

               IV.      Correction and approval of the May 18 and June 2, 2011 minutes:

a.      Mr. Franke moved to correct the May 18 and the June 2 minutes. Motion to correct seconded. Vote 4 Aye/0 Nay.

b.      Mr. Youssef moved to approve by mutual assent the May 18 and June 2, 2011 minutes, as corrected. Motion seconded.

                                                                    i.      Mr. Franke stated that the formal copy placed in the minute book contains all corrections and that none of the many copies circulated to members and marked by them is authoritative.

                                                                  ii.      Vote 4 Aye/0 Nay.

                 V.      Management Report by Elan Krueger of Summit Management Services, Inc.:

a.      Mr. Krueger requested mutual release from management with an end date of June 30, stating a fundamental and irreconcilable disagreement.

                                                                    i.      Mr. Krueger stated that the Association’s auditor and collections attorney agree that Summit has handled the account appropriately.

                                                                  ii.      The Board asked to remove an individual from work on the account.

1.      The in-house CPA reviewed the account; it is essentially correct. 

2.      The BOD refuses to pay for executive level work.

b.      Summit forwarded all documentation to support application for FHA approval to the attorney, except the delinquency status report.

                                                                    i.      Mr. Krueger stated that he prefers that the Board send the delinquency report, along with a disclaimer to not hold Summit liable.

c.       The insurance claim against the master policy for water damage to 20526 GCD from 13015 B totals about $27,000.

                                                                    i.      Mr. Krueger expects subrogation of the claim ($23,279.91 repairs plus $4382.13 emergency response) to the owner of 13015B.

d.      Summit is awaiting Guardian’s response regarding the side-wall sprinklers.

e.      Brickman proposes replacement of the damaged bricks by using existing bricks from less noticeable on-site locations, for $300.

f.        Brickman proposes removing the dead tree and stump between Phases 6 and 7, planting two trees (river birch), and adding soil and seed to address the drainage issue, for $1255.

                                                                    i.      Mr. Franke recommends waiting for Ms. Smith’s input on this choice.

                                                                  ii.      Mr. Krueger expressed his concern that Brickman has made several proposals that the Board has not approved.

g.      Summit sent ACC violation letters to ten TH owners for paint, wood trim.

                                                                    i.      There has been one response, and some repairs without response.

h.      The violation letter for 20537 GCD has been re-sent to the owner’s address in Boyds.

                                                                    i.       A rescission letter will be sent to 20533 GCD. This letter will, however, note the other ACC violations.

i.        Mr. Krueger announced that the meetings for the remainder of the year have been booked for the third Wednesday of each month.

                                                                    i.      Mr. Franke asked that the October meeting be rescheduled on Oct 26 (The Bylaws require that the Annual Meeting be on the anniversary.)

                                                                  ii.      Mr. Youssef stated that there will be an election for a Plex Director at the Annual Meeting, and asked to follow the timeline in the Bylaws.

                                                                iii.      Mr. Krueger stated he has a schedule for mailing the nomination letters, proxies, etc.

j.        Mr. Krueger provided a printed current roster of unit owners.

                                                                    i.      Mr. Franke will distribute to the members of the Board.

               VI.      Continuing Business:

a.      Accounting:

                                                                    i.      Delinquencies and FHA renewal:

1.      Mr. Youssef stated that the position of the Board is that Mr. Krueger should provide to the lawyers whatever number for delinquencies that he wants.

2.      Mr. Franke noted some consequences that may result from delinquencies: 

a.      Loss of value for owners because of difficulty refinancing or reselling their units.

b.      Decrease of family-ownership and increase of non-owner occupancy.

c.       Difficulty obtaining a bank loan for rehabilitation and renovation.

3.      Mr. Youssef moved to draft letters from the Board to the delinquent owners, emphasizing that they “step up and pay dues.”  Seconded.

a.      Mr. Franke suggested one letter for those who owe less than $1000, and a very different letter for those who owe more.

b.      Mr. Franke noted that the sum of all delinquencies less than $1000 is about $6000. If those who owe less than $1000 pay up, the Association’s delinquency rate would be 10%.

c.       Vote: 4 Aye, 0 Nay.

4.      Mr. Youssef noted that the May 31, 2011 Summit report still stated: “Total Delinquent Special Assessments …$924,337.76.” Mr. Youssef noted that this is obviously not true.

a.      Plex unit owners paying their dues on time are not delinquent.  Look for the example of your mortgage. If you make your payments on time, the bottom line decreases. That is called your “pay-off amount.”

b.      The mechanism to pay the Special Assessment on time is $235 a month.

c.       The 74% delinquency rate might have been the reason we are not getting a loan from the bank, because credit bureaus and banks talk to each other.

                                                                  ii.      Mr. Youssef moved to close the meeting at 8:40 PM to discuss the current WTP report. Seconded. Vote: 4 Aye/ 0 Nay.

                                                                iii.      Acceleration of assessments upon default

1.      Mr. Franke noted that upon default of one or more payments, the entire balance of an assessment may be accelerated at the option of the Board of Directors.

2.      Mr. Youssef noted that when an account is sent to the lawyer for collection, it is out of our hands.

                                                                 iv.      Mr. Krueger noted that the cost for the lender questionnaire is about $35 (about 80% of the information in the questionnaire is recurring), plus another $35 to $50 for the settlement statement.

                                                                   v.      Mr. Krueger reported that he received the return receipt (dated May 23) for the Association’s Federal taxes, and one also for the MD taxes.

b.      Building envelope:

                                                                    i.      Bidding Summary (June 13)

1.      Mr. Youssef stated that the engineer received six bids for the project and is organizing the bids on a spreadsheet in order to choose one contractor.

a.      Comparison of unit prices

b.      Comparison of the parts of the project

                                                                                                                                            i.      Refurbishment of balconies

                                                                                                                                          ii.      Siding (sheathing, water barrier)

                                                                                                                                        iii.      Roof work (gaps and flashing)

2.      Prices of the bids range from $3M to $1.897M.

a.      All the bids are over our ball-park estimate. We need to sit down with the contractors to see why the prices are so high. All the contractors go to one whole-sale supplier in Baltimore. Why do they list different prices for the same products?  We’ll shake the price down drastically.

3.      The loan request is for $1.5M ($1.4M for the project, plus $100K in reserve.)

                                                                  ii.      Regarding the loan:

1.       Mr. Youssef said that after serious talks with a bank, we are hopeful that we will hear a positive response.

2.      We talked with that bank about our delinquencies, what we are going to do, terms of finance, and interest rate. We will deposit a year’s funds in advance in their bank.

3.      The loan is at the Underwriter. Instead of 5.5%, we expect they cannot give us less than 6%.

4.      We hope to start digging and working in July.

c.       ACC continuing business:

                                                                    i.      13035 B:

1.      The garage door has been replaced.

2.      The violation is hereby cleared.

3.      Mr. Krueger noted the door is not an exact match, but is close.

4.      Mr. Franke noted that the Association is responsible for painting the outside of doors, but recommends we wait on that.

                                                                  ii.      13061 B:

1.      An application for the urgent water heater vent cover replacement was mailed to the Association’s PO Box.

2.      The application is hereby approved and the unit owner is advised of Bylaws Article V, Section 21.

                                                                iii.      13049 B:

1.      The owners have not paid the fines levied and the costs incurred for repairs.

2.      Mr. Krueger suggested that the ACC forgive one of the fines if the owner were to pay the remaining $450.

3.      Mr. Youssef noted that the owners have exceeded the time (thirty days) to appeal.

4.      Mr. Krueger noted that the owners sent a nasty letter.

5.      Mr. Youssef stated that we have followed proper procedure, and that is the end of it. The fines and fees stand.

                                                                 iv.      20537 GCD:

1.      Mr. Krueger has resent to the unit owner’s address the letter regarding window a/c units, auto work on site, and the lease.

                                                                   v.      TH unit violations (as previously noted):

1.      13107 B: The required work has been done and the owner has responded by letter.  Violation hereby cleared.

2.      4 DPD and 20539 GCD: The required work has been done, but the owners have not yet responded by letter.

3.      Required work on the other units cited has not been done, as of the date of the last visit, nor have the owners responded.

d.      Drainage between Phases 6 and 7:

                                                                    i.      Mr. Krueger noted that making multiple proposals takes a vendors’ (eg, Bridget’s) time.

                                                                  ii.      Mr. Youssef stated that the Board has rejected previous proposals for valid reasons. This proposal is tabled in order to evaluate whether the two trees died because they were too close to each other, and whether to replace with only one tree.

e.      Discussion of Summit’s complaints regarding the May 18 Minutes:

                                                                    i.      Mr. Youssef asked that Mr. Krueger tell the Board of anybody abusing the accounting department.

                                                                  ii.      Mr. Krueger’s statement:

1.      He advised:

a.      The Board should remove the name of the Summit employee from the post of the draft minutes.

b.      He wanted to submit a short paragraph to be inserted into the May minutes, rejecting the Board’s position regarding the employee.

c.       The problem stems from the way the assessment was made.

2.      Mr. Krueger’s complaint about the amendment to the Minutes:

a.      The 30 or so words in six or seven sentences (bullets) do not accurately reflect what was spoken over five minutes.

b.      The addendum is a misquotation.

                                                                iii.      Mr. Youssef’s response:

1.       What was said was said in an open meeting. Twenty people heard what was said. It is out of our hands, and we cannot redo what has been done.

2.      In the same meeting, a request was made not to print the name of another person to avoid retaliation. Elan Krueger, you did not object during the meeting to naming the employee.

3.      As to the termination question: The short answer is that the Board and the Association will hold you to the terms of the contract until the end. There has been no cause. Mutual termination is not an option because we are awaiting a positive answer from a bank, we are working with a lawyer for FHA approval, and a contractor is putting together a huge proposal. We cannot throw all that into the trash because of a minute, juvenile dispute.

                                                                 iv.      Mr. Krueger rebutted:

1.      The minutes are not a record of what was said. They reflect what was done. The posted conversation is at best misleading or incomplete.

                                                                   v.      Mr. Youssef disagreed with that.

                                                                 vi.      Mr. Franke stated:

1.      Mr. Krueger may give his version of what happened.

2.      Mr. Krueger disputes the references. Moved to publish in these minutes the references from the Board’s June 2 review of Summit’s complaint:

a.      On July 28, 2009, the Board approved a resolution to adopt the rules contained in the current edition of Robert’s Rules of Order Newly Revised, which shall govern the Board in all cases to which they are applicable and in which they are not inconsistent with the bylaws and any special rules of order the Board may adopt. 

b.      Robert’s Rules of Order Newly Revised 10^th Edition is the current edition. It states, in part:

                                                                                                                                            i.      Page 451: In an ordinary society, unless the minutes are to be published, they should contain mainly a record of what was done at the meeting, not what was said by the members.

                                                                                                                                          ii.      Page 452: Any correction is made in the text of the minutes being approved; the minutes of the meeting making the correction merely state that the minutes were approved “as corrected”…

                                                                                                                                        iii.      Page 456: The minutes of a meeting are normally read and approved at the beginning of the next regular meeting…Corrections, if any, and approval of the minutes are normally done by unanimous consent.

                                                                                                                                         iv.      Page 457: A draft of the minutes of the preceding meeting can be sent to all members in advance, usually with the notice…Correction of them and approval, however, is handled in the usual way. It must be understood in such a case that the formal copy placed in the minute book contains all corrections and that none of the many copies circulated to members and marked by them is authoritative…

c.       Seconded. Vote 3 Aye/ 1 Abstain.

             VII.      New Business (8:05)

a.      ACC new business:

                                                                    i.      13055 B:

1.      Applicant request:

a.      Add a ventilation pipe from furnace to roof.

b.      Add a larger a/c, moving the compressor a foot or more left (as seen from the street); remove a section of a fence.

c.       Move the electrical disconnect box to the sidewall by the entrance to 20546 GCD.

2.      Mr. Youssef noted that the application included signature of only one of the four property owners most affected by the change. Furthermore, the signer is the apparent renter at 20546 GCD, not the owner. The building has been completely refurbished. We cannot approve anything that causes a structural change. The fence is not an Association fence; we don’t care for it. We do care about removing the electrical box; that is a huge problem. There are already two other big units in that area; making space for another big unit would encroach outside perimeter of conformity of the a/c units.

3.      George Stillman (guest) requested the floor. He stated:

a.      The Code evolves over time. You don’t have to comply with a change until you replace it. Can’t argue with the County on this issue.

b.      There are two issues.

                                                                                                                                            i.      First is a request for combustion air for safety issues. Originally, the furnace drew air through a vent connected to the living space. This unit has a gas fireplace. To replace the furnace, requires air. Will use a roof kit and assume all liability. Can go up or to the side.

                                                                                                                                          ii.      The new a/c condensing units on the ground are larger. Cannot set the unit to the right because of a sewer cleanout, plus needed distance from the gas meter.  Will protrude a few inches out to left. Regarding the disconnect box, the desire of the Association and the Code are irreconcilable: 3’ of clearance in front of the box, plus 15” L/R offset. The Inspector has looked at it and the County will not grant an exception.

c.       The owner cannot occupy the unit. Cost is not the issue.

4.      Mr. Youssef: We want the homeowner to be happy, but we must reconcile differences. This is a refurbished building. Please produce the name of the Inspector and the cited County Code. We are not fighting this. We want it done in the right way.

5.      Continued the 13055 B ACC hearing to 7 PM, Friday, June 17, in front of 20546 GCD.

b.      Continued the calendar for the Oct 26 election to the next regular meeting.

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

a.      Howard Coward asked how the delinquency rate is calculated.

b.      Bernadette Owen asked if we will make loan without community interaction.

                                                                    i.      Mr. Youssef stated that we will.

                IX.      Motion to adjourn to a closed session (8:40)

                  X.      Closed session (8:45)

a.      Session was closed to review WTP cases.

b.      Two Structura bills need payment. Send copies.

c.       Mr. Krueger may put together a statement to clarify what he said during the meeting of May concerning the accounting.

                XI.      Adjournment (9:50)

Draft Minutes

Please note that Minutes posted on this blog are not final until read and approved by the Board of Directors at the next regularly scheduled meeting.

Note in particular item (5) in the draft minutes of June 2.

Minutes of June 2, 2011 Meeting of the Board; corrected and approved June 15, 2011

Cloverleaf Center Condominium

Meeting of the Board of Directors

June 2, 2011

Minutes

The Board held a meeting in accordance with Bylaws Article III, Section 10, on June 2, 2010, in the residence of a member.

Farouk Youssef called the meeting to order at 7:30 PM.  Mr. Youssef, Peter Franke, Hinaya Jainoor and Diana Smith were present; Andrew Kim participated via conference call. Attendance constituted a waiver of notice of time, place and purpose, and established a quorum of the Board. As this was not a regular meeting, reading of the minutes was waived.

A summary of the meeting follows:

1) Discussion of loan request for rehabilitation and renovation.

2) Discussion of Kolas bill for temporary shoring.

3) Discussion of letters to delinquent owners.

4) Discussion of window a/c at 20537 GCD and removal of a car from 12947B.

5) Review of Robert’s Rules regarding changes to minutes; discussion of Summit’s request to remove the May 18 Minutes from http://cloverleafcenter1.blogspot.com/; discussion of correction to Section VI.b.v.3.

6) Discussion of Bid Summary status.

7) Discussion of letter to 12955 Bridger.

8) Discussion of priority of payments and acceleration of payments.

Meeting adjourned at 9:30 PM.

May 18, 2011 Board of Directors Meeting, corrected and approved June 15, 2011

Cloverleaf Center Condominium

May 18, 2011 Board of Directors Meeting

7:00‐9:00 PM

Upcounty Regional Services Center Conference Room A

12900 Middlebrook Road

Germantown MD

Minutes

              I.      Farouk Youssef called the Meeting to order at 7:02 PM

a.       Mr. Youssef remarked:

                                                               i.      The delinquency rate is too high. Some in our community have not faced their obligation to pay their dues, so that our community may function correctly.  The Association is not a for-profit organization. It has no mechanism to support people who are not paying their obligations.

                                                             ii.      There are two options: (1) Pay your dues. (2) If you cannot make it, if you cannot afford to live here, you may leave.

                                                            iii.      Delinquencies are $79,212.56 (down from about $127,000.) We are in a hole. This is unacceptable. We are trying to transact business with lenders and we are trying to renew FHA approval for owner occupied units.

                                                           iv.      We will diligently pursue what is owed to the Association. We will go hard on those among us who do not pay their dues. We will charge the legal rate of interest (up to 18%), we will hold hearings, and we will assess penalties.

            II.      Proof of announcement: This meeting was announced on a postcard sent to Unit Owners on December 15, 2010, a sign was posted at the entrance to the community on May 15 and notice was posted on the website (http://cloverleafcenter1.blogspot.com/).

          III.      Establishment of a quorum of the Board (7:06 PM):

a.       Farouk Youssef, President,

b.      Andrew Kim, Vice President,

c.       Peter Franke, Treasurer,

d.      Hinaya Jainoor, and

e.      Diana Smith: All present, establishing a quorum of the Board.

          IV.      Mr.  Youssef moved to approve the April 20 minutes.  Mr. Franke seconded. Vote 5 Aye/0 Nay.

            V.      Management Report: (7:07 PM):

a.       Elan Krueger announced Summit Management moved from the Silver Spring office to:

                                       

Summit Management Services, Inc.

3833 Farragut Ave.

Kensington, MD 20895

Tel          301 495-0146

Fax         301 495-0147

Email     customerservice@summitmanage.com

                accounting@summitmanage.com           

Please mark this change in your records, and do not send correspondence to Silver Spring.  Accounting remains in Alexandria.  Tel, fax and emails remain the same.

b.      On May 5, Guardian Fire Protection performed the bulk of the contracted repair services approved in March. It now needs to access ten units that have “sidewall” sprinkler heads through Unit Owners’ closets.  This work will be coordinated between Guardian and the Unit Owner by Summit.

c.       Poor drainage between the units of Phases 6 and 7 (The townhouses between Duck Pond Place and Duck Pond Court) causes standing water after storms.  Summit received a proposal from Brickman to remediate this (and to remove two dead trees) for $2450.  Reservations about this solution were expressed, and Brickman proposes an alternative 40’ (rather than 100’) drain.

d.      During a walk-through of the townhouses on April 21, Mr. Krueger and Mr. Youssef noted numerous violations for rotting wood and painting maintenance. Summit has sent notices of these violations to the Owners. There is a 30-day period for remediation.  One Owner has completed the work and signed off on it; another has completed the work but has not yet signed that the work has been satisfactorily completed. Mr. Krueger will follow-up on these violation letters.

e.      The auditors have not yet held a site visit at Summit Accounting offices for the 2010 audit. Taxes (2010 Federal and State) have been completed.  Mr. Youssef stated that lending institutions require the 2010 taxes and audit in order to consider our requests for funding our upcoming repair project.

f.        A current collections report has been prepared.

          VI.      Continuing Business (7:20)

a.       Because of an objection from Mr. Robinson, Mr. Franke moved to reconsider the DOT Addendum so as to amend it, changing the term “reforestation” to “restoration” in regard to affected area (e.g., removal of trees between Father Hurley Blvd and Bridger Way.) Mr. Youssef stated that Mr. Robinson has since informed him that there have been other problems (with the developer) and that there is a temporary halt to the project. He moved to table reconsideration of the DOT Addendum. Mr. Franke seconded the motion to table. Vote 5 Aye, 0 Nay.

b.      Ms. Smith moved to instruct Summit to inform WTP to prepare necessary paperwork for the FHA approval request. Mr. Franke seconded. Discussion:

                                                               i.      Mr. Krueger stated that there has been no further response to the lessee letters. We believe we have 28/150 units that are not owner occupied (notices are sent to an alternative addresses; may be rentals or in foreclosure.) There are two known foreclosures. Mr. Youssef commented that lenders may be interested in a different rate of rental properties than the 15% used by FHA.

                                                             ii.      Association criteria regarding “delinquent” payments are that an obligation overdue more than 30 days is “late”; if  it is overdue more than 60 days, it becomes “delinquent.” After 90 days, the delinquency is referred to the attorney for collection. FHA and lenders may use other criteria for their own purposes.

                                                            iii.      In regard to bills charged to Unit Owners for maintenance or repair to limited common elements, Mr. Franke suggested that it may be advantageous, in respect to reducing the rate of delinquency, for the Association to handle such bills (but not charges for repairs to general common elements, e.g., the recent removal of pavers) in a manner other than as the collection of common charges. [Bylaws Article V, Section 13 (b) (v); note that the Act, 11-110 (b) (2) (ii) and (iii) is more permissive.]

                                                           iv.      Mr. Krueger stated that he will lower the cost of the resale packages from $225 to $200. The cost for a standard refinance package will remain at $35 to $50, depending upon the length of lender’s questionnaire and the involvement of the settlement attorney.

                                                             v.      Mr. Krueger said he will bring the following complaints to Brenda’s attention:

1.       Paid up-to-date Special Assessment balances should not be reported as delinquencies. Mr. Franke stated that this damages the Association. Mr. Krueger stated that is because of the wording of the Resolution. Mr. Franke said that the stated intention of the Association in passing the Resolution was that the lien be paid at the rate of $235 monthly. For example, on April 30, a Plex Unit Owner’s Special Assessment balance of $11,750 was timely, not a delinquency. That the $11,750 remaining lien is a personal obligation of the Unit Owner per the governing documents does not make it a delinquency.

2.       A Unit Owner wrote a letter to the Board because Accounting said to that Owner that the balance owed was $13,006. A copy of the letter was given to Mr. Krueger. Mr. Franke stated that the assessments for that Owner had not in fact been accelerated. Mr. Kim asked that the Accounting folks in summit Management STOP quoting the ENTIRE amount of the special assessment whenever someone is late in payment. All they have to say is, “Mr./Ms. so and so, we have not received your monthly special assessment payment of $235” instead of saying “your outstanding balance is $13,462,” which appears more painful than it has to be and unnecessarily freaks people out.

3.       Mr. Youssef stated that it is not in the interest of the Association for Raluca to be involved in the business of the Association.

a.       Mr. Youssef: We have a severe problem in Accounting. It has been said we have 75% delinquency…

b.      Mr. Krueger: That has since been corrected.

c.       Mr. Youssef: We do not want Raluca to have anything to do with our accounts.

d.      Mr. Krueger: Raluca has a degree in accounting. No one has complained.

e.      Mr. Youssef: The Client does not want Raluca to handle the account.

f.        Mr. Krueger: The problem comes from the way the resolution was written.

g.       Mr. Youssef: That is not true.

                                                           vi.      The question was called for a vote: 5 Aye, 0 Nay.

c.       Mr. Youssef moved that a response to the Unit Owner’s letter and the WTP report be discussed in closed session. Mr. Franke seconded. Vote 5 Aye, 0 Nay.

d.      Building envelope report:

                                                               i.      Of the original nine bidders, only two serious bids remain, for a variety of reasons. It is highly desirable to obtain three more bids. The bidding process has been extended to include those already entered, plus additional bidders, through May 23. At that point, a closed Session of the Board will convene, and the bids will be opened for simultaneous consideration.

                                                             ii.      Mr. Youssef met for a second time this morning with a local lender; they require the 2010 audit. Negotiation with another lender reached an impasse over delinquencies. Mr. Franke stated that the delinquency rate must be lowered for the health of our community.

e.      Letters regarding direct contact with vendors and rule enforcement are attached, per the April minutes.

f.        ACC continuing business:

                                                               i.      13035B garage door hearing: The violation is in a foreclosed unit. The property was sold at auction about October, 2010 (according to a neighbor.) MDAT records indicate that the Owner is still “MONCADA, EDGAR ET AL.” Repair could be done (e.g., Gaithersburg Garage Door) with back billing to the Owner or to the bank. Mr. Youssef moved to table the matter until current ownership is determined. Mr. Franke seconded. Vote: 5 Aye/0 Nay.

                                                             ii.      13061 B, ACC application: Mr. Krueger said that the ACC application for vent installation that was promised prior to emergency approval has not been received. He will write the Owner to demand the application.

                                                            iii.      14 DPC, request for further information: The Owner was present and offered the explanations requested. The Unit Owners who spoke during the April meeting asked no questions this time. The Owner was advised to commence work within six months and to submit a certificate of compliance. Vote on the 14 DPC ACC Application: 5 Aye/0 Nay.

                                                           iv.      20537 GCD, complaint of ACC violation:

1.       In response to a complaint from Wade Owen during the April meeting, Mr. Franke reported that he observed at this address an A/C unit protruding outside the existing frame of an upper front window, a violation [General Rules & Regulations, June 3, 1997, Rule 14.] He also saw a person performing major automobile maintenance (brake work) in the driveway of this unit, also a violation [Rule 18.] Mr. Youssef stated that there is another A/C unit protruding from a window in the rear.

2.       It was alleged that as many as five common element parking spaces have been used simultaneously by residents at this one address. [This is not a violation of our Parking Rules. However, simultaneous use of five common (but rare) parking spaces is an unreasonable interference with the rights, comfort and convenience of other Unit Owners and occupants.]

3.       Subletting a portion of a Unit (other than the entire Unit) is a violation [Bylaws Article V, Section 14(g). A failure of the lessee to comply in all respects to the provisions of the Act, Declaration and Bylaws is a default under the lease, which default may be remedied by the Unit Owner, or by the Council of Unit Owners in accordance with the Act.] Mr. Krueger will write a letter to the Unit Owner of record to demand all lessee information, abatement of the violations, and adherence to the rules and Bylaws by the Unit Owner, lessees and their guests.

        VII.      New Business (8:25)

a.       Swale drainage between Phases 6 and 7:

                                                               i.      [Ms. Smith states that the French drain is NOT a good idea: It does not function more than ten years, and requires regular maintenance of the filter cloth to prevent clogging, an added expense. Remove the stump and the dead tree, plant a tree that flourishes in wet areas or standing water, then let nature take its course: Atlantic White Cedar, Bald Cypress,  Black Ash, Freeman Maple, Green Ash, Nuttal Oak, Pear, Pin Oak, Planetree, Pond Cypress, Pumpkin Ash, Red Maple, River Birch, Swamp Cottonwood, Swamp Tupelo, Sweetbay Magnolia, Water Tupelo.]

                                                             ii.      Mr. Franke suggests that this problem can be fixed by removing the dead tree and the stump (mulching may have contributed to the problem) and removing some of the dirt from the swale.

b.      Taxes: Mr. Franke moved to approve signature of the 2010 taxes. Mr. Youssef seconded. Vote: 5 Aye/ 0 Nay. Mr. Youssef signed the returns and handed to Mr. Krueger to file. Mr. Franke requested a copy of the signed return for the Board.

      VIII.      Community Forum

a.       A Unit Owner reported seeing a group of young people kicking the retaining wall at the corner of Bridger Drive and Golf Course Way. The Unit Owner approached a young woman in the group and informed her (and those with her) that this was unacceptable and that her parents could be billed for the destruction of this wall. The young woman is alleged to have said that the community will pay for it. As concern was expressed that this Unit Owner may be targeted for retaliation, the name of the Owner will not be reported in this forum. Mr. Franke expressed appreciation to this Owner for confirming suspicions that the damage to the wall was vandalism.

b.      Linda Salins (20549 GCD) stated that the arborvitae at the rear of 20555 GCD, previously approved for removal, still remains dead.

c.       Aileen Kelley (20557 GCD) asked when we will repair the pot hole at the entrance to the community. Mr. Youssef stated that WSSC is responsible and that they repaired an entirely different area (the SE corner of Bridger Drive) when called. Mr. Krueger stated he called WSSC and gave the address of the nearest townhouse and they should repair it in the very near future.

d.      Brian Korody (14 DPC) wants the stump at the rear of 20559 GCD removed.

e.      Ms. Kelley says fix the brown spots in the common area behind 20559 Golf Course Drive.

f.        The Salins want Verizon to straighten the FIOS plate on their property.

g.       Ms. Kelley wants Verizon to remove a FIOS wire sticking out of the ground.

h.      Mr. Korody wants Brickman to use a small mower, rather than a weed-wacker, on the small town house yards (for a more even result.)

i.         Ms. Salins wants a permanent bulletin board to replace the temporary sign used to announce BOD meetings.  The cost is approximately $500. Mr. Franke stated that this is not a currently budgeted item and will place it on the agenda.

          IX.      Motion to adjourn to a closed session (8:40)

            X.      Closed session (8:40 – 9:00)

a.       Discussion of WTP collections status report: Ms. Smith complained that she did not receive the current report, and cannot therefore vote on any recommendations. Mr. Franke stated that he had received it about three hours before the meeting and was barely able to print, review, and preview it for the Board. WTP recommended the President’s signature on five cases (including several that were approved for signature at the April Meeting.) Mr. Franke moved to approve these signatures. Mr. Youssef seconded.  Vote: 4 Aye/ 1 Abstain.

b.      Discussion of letter from 12955B: Mr. Kim reiterated his response to Summit Accounting (see above.) Mr. Youssef reiterated that Raluca is not to manage this Association’s records or communicate with its members (see above.) Mr. Franke will draft a written response to the Unit Owners’ letter.

          XI.      Adjournment (9:00 PM)

        XII.      Attachments