Friday, July 31, 2009

Croc in the Oaks


Yesterday, at about 8:30 am we spotted this fellow out for a walk. I went back in to get my camera so we got these shots. This croc could be hazardous to your health so just be aware especially if you walk your dog at night. We concluded he is about 3 feet long and he came from the Jungle Club vicinity, or I should say he headed back that way past Elaine’s House.

Thursday, July 23, 2009

Collection of delinquent assessments

Florida Condo Law
Florida Condo Law is a site that is built to help Florida Condo Home Owners Associations - HOA. We help to set up New HOA as well as maintain one that has already been set up. We are active in all the state of Florida sessions, so we know how to help you!

March 6, 2008
Florida Condo Law talks about changes in Florida Condo Law
Florida Condo Law talks about some of the recent Florida Condo Law changes Regarding the collection of delinquent assessments in a Florida homeowner’s association HOA. Senate Bill 1844 sponsored by Senator Jeremy Ring (D-Parkland) recently was signed by Governor Crist, became effective , July 1, 2007. This bill makes some sweeping changes as they relate to the collection of delinquent assessments in a Florida homeowners’ association. This bill does NOT impact Florida condominium, Florida cooperative or other common interest ownership associations. It is important to remember, however, that changes made to one common ownership statute typically wind up being implemented in the other statutes as well so it is advisable for owners in every type of community association to know about and understand these changes.

Prior to this bill becoming law, the collection of delinquent assessments in a Florida homeowners’ association was, for the most part, dictated by the terms and provisions of the association’s governing documents. This new law makes the following changes to Chapter 720 (the HOA Act):

1. Assessments and installments on assessments that are not paid will bear interest from the date due until paid at the rate provided in the Declaration or Bylaws of the association. If those documents do not provide for an interest rate, the interest shall accrue at 18% per year. (This is the same language that is currently found in the Condominium Act);

2. The Florida homeowners’ association may charge an administrative late fee in an amount not to exceed $25.00 or 5% of the amount of each installment if th eDeclaration or Bylaws authorize the association to do so. (Again, this is language that was transported over from the Condominium Act. HOA’s that currently don’t have this provision in either their declaration or bylaws should consider amending those documents to provide for this authority);

3. Any payment received by a Florida homeowners’ association shall be applied first to any accrued interest, then to any administrative late fee, then to any costs and reasonable attorney’s fees incurred in collection, and lastly to the delinquent assessment. This application of payment schedule shall apply regardless of any restrictive endorsement on the back of the check to the contrary. (This language again emanates from what is already found in the Condominium Act and prohibits a delinquent owner from avoiding responsibility for the payment of interest, late fees and attorney’s fees and costs);

4. A Florida homeowners’ association may not file a claim of lien against an owner without first giving a 45-day advance written notice which must be sent by registered or certified mail, return receipt requested, AND by first-class United States Mail sent to the owner at his or her last address reflected in the Florida homeowners’ association’s records. If the owner’s address is outside the United States then first-class mail notice alone is sufficient to comply with this portion of the statute;

5. A foreclosure action may not be brought without first giving the delinquent owner advance 45-day notice of the intent to foreclose. (This 45-day notice is in addition to the required 45-day notice before an association can file a claim of lien, thus bringing the statutory notice requirements to 90 days before foreclosure can be effectuated. Please note that an association’s individual governing documents may require even more notice from the Florida homeowners’ association before sending the file over to an attorney for collection so, in light of these new statutory notice requirements, an association may wish to amend its documents to tighten up its internal notice framework so as to not duplicate the statutory notice and thus, unnecessarily extend the time before effective collection can be commenced);

6. Once a summons on a complaint to foreclose the Florida homeowners’ association lien has been served on the delinquent owner, the owner may serve and file with the court a “qualifying offer” at any time before the entry of a foreclosure judgment so long as the lot in question is not the subject of a mortgage foreclosure or a tax certificate sale and/or the delinquent owner has not filed bankruptcy proceedings;

7. The qualifying offer must be in writing and the delinquent owner must agree to pay all amounts secured by the association’s lien plus interest accruing during the pendency of the qualifying offer. The owner may make only ONE qualifying offer during the pendency of the Florida homeowners’ association foreclosure action. (Basically, tendering a qualifying offer stays the association’s foreclosure action for 60 days. If the owner breaches the qualifying offer, the stay is lifted an the association may proceed to obtain a foreclosure judgment. Remember, however, that in the most expedited action when a qualifying offer is made, the Florida homeowners’ association is still delayed 150 days or 5 months from obtaining resolution on a delinquency which further reinforces the need for associations to be mindful of delinquencies and to not allow them to languish);

8. A parcel owner, regardless of how his or her title to the propery has been acquired, including via purchase at a foreclosure sale or by deed in lieu of foreclosure is liable for all assessments that come due while he or she is the parcel owner. Moreover, a parcel owner is jointly and severally liable with the previous parcel owner for all unpaid assessments that came due up to the time title was transferred. (The practical reality of this language is that lenders who take title to lots in Florida homeowners’ association as a result of a mortgage foreclosure action are responsible for all past-due assessments on that lot. Unlike the Condominium Act which limits lenders’ liability for past-due assessments to 1% of the original mortgage debt or 6 months past-due assessments, Sen. Ring’s bill contained no such caps on lender liablity. This loophole will certainly be closed next Legislative Session with an insertion of lender liability cap similar to what is currently found in Chapter 718 of the Florida Statutes.

It is important that all Florida homeowners’ association owners know and understand these changes and that Florida homeowners’ association boards speak to their legal counsel about these new procedures and review their internal collection protocol to avoid unnecessary replication of these new statutory requirements. 1 year ago
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Sunday, July 19, 2009

Action Items Closed - Update 7/19

Action Items from the recent board meeting

1. The additional Flower Bed Boarders have been put in place to help retain the bark. Thanks Dick.

2. The sprinklers have been adjusted and a few replaced to keep the water from spraying on the expense "Catalina Oaks" signs.

3. The 2 propertys that needed yards attended to were mowed ahead of the letters being sent out.

4. A draft statement of work was passed along regarding property maintenance.

5. John Smith is our NEW Property Maintenance Engineer and did a fine job cutting our grass last week.

COHA Minutes 7/11/09

1.Meeting - A meeting of Catalina Oaks Home Owners’ Association was held at the Rockridge Community Center. Dick Byran called it to order Saturday July 11, 2009 at 10:00 AM. The opening remarks included a reminder that this was to be a board meeting. The board would conduct its business first without input from the audience and then the meeting would be closed and the audience would be polled for comments. That was a challenge from my perspective but we endeavored to persevere. The next meeting of the board is scheduled for October 14, 2009 at 7:30 PM at Rockridge Center.

2. Minutes - The minutes from the April Meeting were read and a few hard copies were distributed. The minutes were approved as read. Meeting minutes for today’s meetings are included herein and will be posted on the blogspot.

3.Finances - Jean Kay provided a summary of the Catalina Oaks finances. Total assets as of July 1, 2009 are $101, 662.79 (CDs and checking account). Interest received from the CDs (1-1-09 thru 5-6-09) was $377.53. Both CDs mature in September 2009. All homeowners except one, which is the house in foreclosure, are current on the association fees. Thanks to everyone in the association from the board.

4. Grounds Maintenance- Our grounds maintenance needed improvement and a decision was made to look for another service. A few estimates were recently obtained for grounds maintenance based on a verbal description of the scope of work. Dick received 4 inputs and the monthly cost range was from $200 - $400. Two were verbal input and two were in writing.
One concern, which surfaced at the meeting, is that the new person/persons be licensed and insured. During the meeting the board agreed to give the task to John Smith, on a trial basis. Many residents presently use him and are very pleased with his work. Dick is coordinating this activity.
Some concern was expressed over what was to be done for the price quoted? A suggestion was made to put the statement of work in writing so we, homeowners and the contractor, are in concert with the fees charged for the task defined. A statement of work will be drafted so we all know what to expect for the fees charged. After it is reviewed and approved by the board we will submit said SOW for signature by the bidders.

5. Email Addresses – The board needs more email addresses of homeowners so we can get the word out as required. A comment from the floor noted that not everyone does computers and the board put things out by US mail, in the past. It was also noted that we are in rough times and that the board, to save on expenses, in that we are a small community, to NOT send information by mail.

6. Water runoff – Dick outlined a fix he incorporated so the ground cover in the landscaping area would not run off during heavy rains. It was suggested we do the same on both sides of the entrance. The board approved the recommendation. Dick will make the improvement.

7. Pruning shear - The board approved a request from Dick to pay for a pruning shear that he was accused of borrowing some time back, which turned up missing, while conducting a front wall chlorine party in 1995.

8. Trap - Numerous raccoons have been trapped and relocated. Dick has the trap if anyone has a need.

9. Meeting Requirements - It was decided that future meetings would be held in the evening at 7:30 on Wednesday at Rockridge, to allow for more participation by the homeowners. It was also suggested we have 2 meetings a year.
The By-Laws of Catalina Oaks Homeowners Association, Inc. read - " The rules of the association require 4 meetings a year. Article III Meeting of Members Section 1. Reads - the “Annual Meetings ’’ of the members will be held in January. Article VI Meeting of the Directors Section 1. Reads - “Regular Meetings” Regular meetings of the board of Directors shall be held in April, July and October.
A proposal to cut the meetings to twice a year is still open. The idea is to have one in January and the second in July. Special Meetings will be scheduled as required to cover issues that may need attention prior to the scheduled meetings.

10. Wall Paint - Some areas of the wall near the signs (Catalina Oaks) need touch up and Dick will do the deed. This is the result of numerous plant removals. Comments from the audience indicated that the new landscaping is a hit.

11. Water Drainage – Dick stated that a leak is in the cement wall that makes up the water drain at the southeast corner of the property where the swale ends. After some discussion the board left it up to Dick to evaluate it further and take action as required.

12. Board meeting was closed at 10:30. The floor was opened to discussion. The items that surfaced are noted below.

************************************************************************

Homeowner Comments & additional discussion

A. Updated Homeowners List – This data is available and Dick will be happy to send an email, with the current list attached. This list will be printed and distributed at the next meeting for those who attend.

B. Homeowner Yard Maintenance – It was noted during the meeting that two properties need attention to landscaping. A courtesy note from the board requesting the homeowners comply or we shall impose article 6.

ARTICLE SIX - EXTERIOR MAINTENANCE BY ASSOCIATION

Section 1. EXTERIOR MAINTENANCE BY ASSOCIATION: In addition to maintenance of the Common Area, the Association shall have the right to provide exterior maintenance upon any Lot, or any improvements thereon subject, however, to the following provisions. Prior to performing any maintenance on an improved Lot, or any improvement thereon, the ARB shall determine that said Lot is in need of repair or maintenance and is distracting from the overall appearance of the P.R.D. Prior to commencement of any maintenance work on a Lot, the Association must furnish thirty (30) days prior written notice to the Owner at the last address listed in the Association's record for said Owner, notifying the Owner that unless certain specified repairs or maintenance are made, within thirty (30) days thereafter, the Association shall make said necessary repairs and charge same to the Owner. Upon the failure of the Owner to act within said period of time, the Association shall have the right to enter in or upon any such Lot or to hire a contractor or contractors to do so to make such necessary repairs or maintenance as is so specified in the above written notice. In this connection, the Association shall have the right to repair, replace, and care for roofs, gutters, downspouts, exterior building surfaces, trees, shrubs, grass, walks, fences and other exterior improvements.

Section 2. ASSESSMENT OF COSTS: The costs of such exterior maintenance shall be assessed against the Lot upon which such maintenance is done and shall be a lien upon such Lot and the obligation of the Owner and shall be due, payable and collected in all respects as referred to in Article Four hereof.

C. More plants – A request was made to add some more colorful plants to the area at the corner where no plants exist, in the half moon area under the Catalina Oaks sign. Suggestions were to add more Blue Flambegos or Miniature Izara. Bob will handle this action.

D. A Flower Bed Border – A wood border will be added to the east area corner at the entrance to prevent the bark from floating away during heavy rains. Dick will handle this action.

E. Offensive Activity – A letter was received by the board relative to Section 7 of the Amended and restated declaration of covenants and restrictions for Catalina Oaks, P.R.D. on page 8.

Section 7. OFFENSIVE ACTIVITY: No noxious or offensive activity shall be
permitted on the Properties nor shall anything be done thereon tending to cause
embarrassment, discomfort, annoyance or nuisance to the P.R.D. There shall be no plants or animals, or device or thing of any sort whose normal activities or existence is in any way noxious, dangerous, unsightly, unpleasant or of a nature as may diminish or destroy the enjoyment of other property in the P.R.D. by the Owners thereof.

A suggestion was also made to have the board pay the expense of a survey and then send the bill to the homeowner causing the grief.
The board will contact our attorney to request a letter be addressed to cease and desist and get a legal opinion on a further coarse of action.
John/Bob and Dick will handle this action.

F. Cracking Sidewalks - The sidewalk along the wall in various places is cracking. Who is responsible for the repairs? Pat E. will contact the city to see who has the responsibility and who will make repairs and when?

G. Homeowner Request – A registered letter has been received by the board, which outlines issues from a homeowner who has been a resident for 10 years. On numerous occasions sleep has been disturbed and her peace compromised. She outlined several situations at the meeting that hint of fowl play to her auto light sensors, which she had installed at great expense. Also damage to her fence, which is primarily a decorative fence, rocks being thrown at her windows and banging on her homes outer walls, during the early hours prior to sunlight.
There was much discussion with NO real solution to this complicated issue. Continued calls to 911 are in order upon any occasion or suspicion of unwelcome visitors. Bob will contact a few of the local private security firms to get some ideas on costs to have a patrol park and observe for a few weeks. An after thought is that security cameras may be in order to get it on film. Rent a big guard dog for a month and keep him in the back yard. See if there is any action. Any homeowners who have some ideas please let us know. How about a Neighbourhood Watch Program.

H. Jungle Club – Some of the residents have experienced some new sounds at various times of the day, which seem to be most noticeable in the early morning. The Jungle Club has taken out a lot of trees and vegetation on the property past the tennis courts all the way back to Indian River Blvd. The set up a BOOT CAMP outdoors, so to speak. This includes a trail, jungle gym bars, balance beams, a small hill to climb and all that. On occasion they add a Drill Instructor or 2 who shot out orders to the group to encourage them thru the pain and agony of the course, in an attempt to stay healthy.


Meeting adjourned at 11:00

Submitted: R.G. Scully
Catalina Oaks Homeowners
Board of Directors Secretary

Wednesday, July 15, 2009

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Monday, July 13, 2009

Minutes in Review

The minutes from the last meeting of the Catalina Oaks Board are being reviewed. The plan is to put the data on the blog within the week.

Thank you to the meeting attendees. We wish more of our residents had an interest and came to the meetings.

Note: We have changed the date , day and time, just to see if we could generate more interest ! What say you~!!!!!!

COHA Party

We have considered a PARTY for the community. At a prior meeting the idea was ..........not acceptable and we passed on it!

I, the secretary, propose we try again! I would like to propose that we try to pick a weekend and do exactly that!

We could call it Catalina Oaks "Getting to Know U 2009". WE have a great community
and we would like to get to know who your neighbors are.

We all have a life plan that may be unusual to our neighbor. The best way to share your life believes and opinions is at the " 2009 Party."

No FIRM plans are in place. The board will be thinking about this and let you know!

All comments are appreciated.

The July 2009 Residents List

The data contained herein is for our community. We hope that we do not compromise your information. If you do not wish to be identified here, let is know.

At the last meeting(7/11) of the board, this data was requested.

We have not put this out by US Mail because of the expense of the postage. We decided to share with those who attended the board meetings, to promote meeting attendance and to reduce COHA costs.

I am sure we are all aware that it now costs, a few shekels, to mail out letters and misc data. We have polled our residents who come to the meetings about mailing out data and explained about costs. It seems that the meeting attendees tend to agree and so we are in compliance and no longer send things by US Mail.

So that means U need to attend the board meetings,to get pertinent data about the community affairs.

Sincerely,

COHA Board




Sunday, July 12, 2009

FYI - Jungle Club Jungle Clearing

The Jungle Club has taken out a lot of trees and vegetation on their property past the tennis courts all the way back to Indian River Blvd. What was a natural jungle is no more. For the most part the land has been cleared so the tractor noises and the dust from cutting out trees and digging up roots is over for now. We have noticed a large invasion of raccoons in our area which could be attributed to the clearing of the property.

Some of our residents have experienced some new sounds at various times of the day, which seem to be most noticeable in the early morning. They set up a Congo Agility Course outdoors. This includes a trail, jungle gym bars, balance beams, a small hill to climb and all that. On occasion a group of Jungle Club member's along with a Drill Instructor hit the course. Orders are shouted out to the group to encourage them thru the pain and agony of the course, in an attempt to stay healthy.