Minutes Index

Whispering Oaks Homeowners’ Association

Board Meeting Minutes

September 29, 2003

The special meeting of the Board of the Whispering Oaks Homeowners’ Association was called to order at approximately 7:00 P.M.  Present at the meeting were President Bob Parker, Vice-President Bill MacDowell, Treasurer Al Kenyon, Secretary Dorothy Ingram, and Board Members Linda Anderson and Rich Dettra.

This meeting was called to discuss current covenant violations and to establish a process of enforcing the covenants.  Community property owners were encouraged to attend the meeting to provide input to the Board regarding these issues.

Treasurer Al Kenyon suggested that we dispense with the reading of the minutes from the previous meeting.  All Board members agreed and President Bob Parker began the meeting by reviewing the responsibility of the Homeowners’ Association.  Mr. Kenyon added that our Association is incorporated and our covenants are filed with the courts.  He further stated that the Florida Statutes state that the Association has a responsibility to enforce the covenants.  Mr. Kenyon advised that the Board has served to “nip in the bud” several items including, but not limited to, the collection of dues.  Homeowner Mr. Zydell then asked about the budget for 2004.  Mr. Kenyon advised Mr. Zydell that the budget would be discussed in the October Board meeting.

Secretary Dorothy Ingram discussed the responsibilities of the Architectural Review Committee.  Board Member Linda Anderson asked about changing and/or removing items contained in the covenants regarding exterior alterations or modification.  Mrs. Anderson was advised that in order to alter the covenants, the entire community would need to vote as part of the General Meeting in January 2004.

Treasurer Al Kenyon reviewed enforcement of the covenants and current violations including parking on the street overnight, boat storage outside a garage, unapproved initial landscaping plan, storage shed and a newspaper box.  A discussion then ensued amongst Board members and community members regarding enforcement of the covenants.  Mr. Chris Wetjen suggested that fines be imposed on violators.  Further discussion ensued regarding what requires a fine and how much the fine would be.  Mrs. Ingram suggested that each violation receive the same fine.  Mr. Parker indicated that there must be a structure for enforcing violations.  Mr. Kenyon then proposed that the Board create a three-step process, which would first include a personal meeting between two Board members and a homeowner.  The second step would be to mail a registered letter to the homeowner; and the third step would be to impose the fine.  Mr. Parker suggested that a committee be formed to initiate the structure and that the Board look at the possibility of “grand fathering” violations which occurred prior to the formation of the Architectural Review Committee.  It was agreed that each property would be reviewed on a case-by-case basis.  The Board then voted to implement steps one and two immediately with a motion by Mr. MacDowell and a second by Mr. Dettra.  Step three in this process cannot be implemented until the community votes during the General meeting in January 2004.  Mr. Kenyon then made a motion to adjourn the meeting.  With a second by Mrs. Anderson, the meeting was adjourned.