Community Meetings

"That some good can be derived from every event is a better proposition than that everything happens for the best, which it assuredly does not."

James K. Feiblman

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Highlights of the October 14, 2009

Board of Directors Meeting

Due to the unusual form of this meeting, it was thought to present it as "verbatim" as possible. Most meetings are just "highlights", but this one involved our finances and budget items, so we thought it appropriate to be more specific.

A quorum of directors was present including Mr. Tibbitts, Mr. Gerace, Mr. Long, Mr. Schaffer and Mrs. McDonald. APM representative Van Moore and ~ 12 residents were present.

The board discussed the previous Friday signing of a new contract for landscaping on behalf of SLHOA with each other. No amount or name was stated. A board member stated "...extra revenues are needed in the landscaping budget".

Before the meeting was called to order, a request was made for a motion to call the meeting to order and all board members voted to call the meeting to order at 7:09 p.m. (As a point of order, a vote cannot be taken unless the meeting is first called to order by the presiding officer; the president, vice- presidnet, etc.)

The board president asked the current property manager, Mr. Moore, to speak.

Mr. Moore stated that he had, "...sent the board some expenses and he wanted to be sure we are on the same page on how money is allocated". In most cases checks are written out of operating and reserves reimburses the operating account." He said, "...several projects are not easily defined so I took labor costs and...". He stated the "rest" would be sent in the mail tomorrow and will be sent to the BOD. He asked how they wanted to allocate interest.

A board member requested to keep interest in respective reserve accounts. He wanted to check and see if there was a legal requirement to keep reserve interest in these accounts and did not want to be short-sighted.

Another board member asked if there was an interest cap?

Mr. Moore statd the board could always evaluate this at the end of the year and any surplus can be voted to be allocated to a needed reserve. He recommended they "agree" to look at interest and surpluses then and decide then. He also stated that there was no Stormwater System reserve account, as there was fear that someone may use that as a basis for a lawsuit.

Mr. Moore stated residents on Killarney were complaining of another "sinkhole" next to the previous one near a manhole.

A board member stated the pressure grouting worked well in several areas and thought we could have saved several thousand dollars if this had been done.

Mr. Moore stated someone needs to explain "pressure grouting" at a BOD meeting. He stated "leaks" would continue and all should be repaired early.

Another board member stated the sidewalk near 698 Killarney has sunk 6 inches.

Another board member asked the Mr. Moore what $17,000 - $18,000 noted on the fund balance sheet was for?

Mr. Moore stated he did not know. He stated it could be reserves.

The board member asked "What does Capital Assets" represent?

Mr. Moore said he did not know.

Another board member stated he thought that could be things like the water pump that was purchased during the storm several months ago. However, the board members agreed that that the pump cost was $2,500 - $3,000, "...not the $5,200 the sheet shows".

The board member asked if we should put all interest into the Deferred Maintenance account.

Another board member asked why there have not been such sinkhole problems in later phases.

Mr. Moore did not answer the question regarding sinkholes.

Mr. Moore asked a board member if he wanted him to change the "sheet" when he made a "transfer"? He offered a "latest sheet' that the BOD did not have. He stated he "...earmarked those checkmarked ones out of reserves" and had "made notes" as he "...wanted Chris to know what he was doing".

A board member asked if the tranfers from Reserves to Operating were made in September.

Mr. Moore answered it was August/September.

Another board member read the transfer was made in September @ $18,700 +, and asked where that was reflected in the sheets that had been provided by APM?

Mr. Moore stated he had been "...thinking through these papers".

Another board member stated he was, "...uneasy about how we have no distinction between Operating and Reserve expenses. He thought the board should vote on all items that come from reserves, no matter how small. He further stated that $44,000 was removed from Reserves this last year for stormwater repair ($22,000), etc. He stated a lot of that money is gone from Reserves. "The $92,000 that is in reserves doesn't show up on Reserves." He stated the board needed "visability".

Mr. Moore stated the board never did, "...get together and approve operation expenses (Atlantic) , and then we did it". *He stated he now feels the board needs to vote and "...have in the minutes their vote on large ticket items".

The board member stated, "...don't worry about the past, but going forward, we vote and record votes for fund expendutures". He stated that utilizing Reserves needs a vote.

Mr. Moore stated, "...that's why we had done the other for the playground...for clarity...we wanted to hold on spending because the second half was coming in September. I don't want to be the guy making the decisions."

The board member stated that "...in terms of preparing a good budget for next year, one thing we need to 'fix' - there are 9 line items, but in income statement line items, don't match the budget that was passed". For example, "...day labor...we have no budget for day labor, but it is on the sheet."

Mr. Moore stated the budget was a "guestamate" and in order to track it we need...

The board member stated, "If day labor is used, it has a purpose - painting, repairs, etc. To me that is maintenance."

Another board member stated, "We spent more than $100..."

Another board member (the HOA Treasurer) interjected, "That was for this month...it was a lot more for the year. How about using asrticks next to the ones we didn't plan on?"

Mr. Moore stated, "This report is all labor." (Holding sheet of paper in his hand) "Some of these hours...I guessed to materials...we want to have a 'new item' next year".

A board member stated, "So now we have $9,600 for day labor. Do you want to break that down and cost to Reserves? According to this, we budgeted $5,000 for mulch, but haven't spent a dime".

Mr. Moore responded, "We want to do that on the holidays."

A board member asked, What does 'common area and lake' mean?"

Mr. Moore stated, "We separated that during the rainey season - we left it with maintenance'.

The board member asked, "Does this $3,400 account for that - there is more to it than that."

Mr. Moore stated, "If I give you an expense area list, it will give you information."

Another board member (the Treasurer) asked, "Can we use excel spreadsheets, instead of PDFs?"

Mr. Moore answered, "No, this software does not use excel well, but I can send it to you."

The Treasurer stated, "Would love to get it...straight to Google so everyone can see it."

Mr. Moore stated, "We can have Debbie send you the password and user and you can see resident reports".

A board memeber asked about classification account numbers 600, 612, 619 and 692. "Do we have anything that can tell us what these numbers mean?"

Mr. Moore answered, "VMS class account numbers are different than previous Quick Books."

The Board member stated, "So each is...I'll just shoot an email. I want to see the year-to-date summary of vendors - you put out the check register for a couple of months - we need it by expense". For instance "Day labor" and "Common Area & Lake" and "Tree Trimming"---"I don't know what those are."

Mr. Moore answered, "Residents have user names and account numbers. We can change our resident password, abut we can still use the numbers."

The Treasurer stated, "We budgeted $3,700 for liability insurance...is it paid yet?"

Mr. Moore answered, " You write a check for the annual bill."

The Treasurer stated, "We want to make sure we haven't forgotten something. This is probably not the right meeting to discuss...we collect in March and September. Should we leave the operating money in the account to cover until March?"

Mr. Moore stated, "Some builders bill at the end of the month. Most of the bills are paid in the first two weeks - the other expenses will be entered."

A board member stated, "I want to go back to invoicing in January and June."

The Treasurer stated,"Yes!"

Another board member stated he had concerns with a couple of expenses in September. He said, "Two things...Ed, reimbursements to you."

Board Member Ed Schaffner stated, "Some was for the bridges, some for the berm...I don't know. Labor and what was done is accounted for."

Another Board member stated an amount of $1,220 was expensed, "...but (it) doesn't show for what."

Board member Schaffner stated, "New guys to do the grass are coming in. We already hear complaints about weeds. What went on before - a tremendous amount of money was spent on what the lawn people should have done."

A board member stated, "You and Jody can track (the) lawn maintenance job."

Board Member Schaffner stated, "Give them two weeks to start and then I'll respond to you."

A board member stated, "I (?) complaints to Van" They need more time."

A board member stated, "We dont' want to set them up for failure."

Another board member stated, "We also want to be fair. Some grass was two feet tall. We have not made (the) last payment to Commercial... waiting to see."

A board member stated, " Encourage M&M not to lose this account."

Mr. Moore stated, "They will probably do well in the winter or they will fail in the summer. He called me about some areas that had not been cut."

A board member stated, "He will eventually raises his price."

Mr. Moore stated, "Two times a month cuts start in October."

A board member stated, "On that note, with Commercial Mowers - we need to hold payment."

Mr. Moore stated, "I did not take much out of August bill - only the entrance and main park were done. The other guys came to do the rest for $800.00. The last cut was the beginning of October."

Board Member Schaffner stated, "He was not here Thursday or Friday".

A board member asked, "So, what do we owe Commercial Mowers?"

Mr. Moore answered, "I don't know. Tomorrow we will look. I will email you and all can agree by email and I will draft a check."

The Treasurer stated, "Whatever we do, we need it to come from the board - if we are going to not pay all of the bill."

A board member stated, "We don't need to work with a terminated vendor."

Mr. Moore stated, If he sues me, I will fight back. If he sues you, your attorney will get involved...the berm in IE was not kept up."

As far as expenses - are you OK with that? I have not touched the labor ones...paid out of operating. No total. I want you to approve this. All is identified in Day Labor...will change later...after I go through other items coming to me in the mail". (I) want (you) to *agree by email to make a budget meeting in November.

Thumbing through pages, a board member stated, "Some of these are obvious...but "Playground?"

Mr. Moore answered, "You could take all the maintenance of things out of Reserves. I didn't touch ..."

A board member stated, "Budget for Plants & Trees...is the labor included in that?"

Mr. Moore answered, " All has been paid out of operating already. We will take these out of Reserves to reimburse operating."

The board member stated, "So is everybody OK with this $18,000 reimbursement our of Reserves? The next area of heartburn that I have is with the big picture - How do we want to handle 2010? This year we have taken $44,000"....and the rest is "other things. How should we plan for this in 2010? We didn't plan last year."

The Treasurer stated, "We don't have a five year plan to do Reserves. We have no plan. The next board needs to have a plan to go by."

A board member stated, "Deferred Maintenance is mostly for stormwater."

The Treasurer stated, "We spent $22,000 for that. We have taken all this other money..."

A board member stated, "We need a Strategic Plan for 2010."

Mr. Moore recommended passing things after the fact, with only email "Meetings". *(This is the opposite of Mr. Moore's recommendation earlier in the meeting - which was to have meetings and the votes on items reflected in the minutes.)

The board member stated, "We would rather have a long range plan for Reserves, and have Operating money..."

The Treasurer stated, "Another option would be to refund surpluses to the residents."

Mr. Moore answered, " "I think we are short in other areas and some Reserves are overfunded. Remember Deferred Maintenance is a 'catch' item. I would not say you are funding too much in Reserves. I think Road Reserves are OK, but Playground Reserves are underfunded." You should look at the areas you are underfunded."

A board member stated, "We should look at things every year. We can change that if we want to, right?"

Mr. Moore answered, "You can't get rid of a Reserve. You can stop funding it, but you can't just get rid of them."

A board member stated, "I don't think we should use Reserves unless it is really a reserve item."

Mr. Moore stated, "You may think you are OK with the Playground, but we will need more maintenance on the berm and other items that ...we will have to increase. At the meeting in November we should be able to know where we are at."

The Treasurer asked, Do you want to establish a Strategic Plan? Does anyone want...?"

A board member stated she would help the Treasurer with a Strategic Plan.

A community member asked both the last board member and the Treasurer if they had ever written a Strategic Plan. They both said they had not. The community member stated she would assist them if they liked. The Treasurer stated he would like that and provided his address.

8:59 p.m. - The board unanimously voted to adjourn the meeting.

(Note: No votes were taken on any item except to adjourn the meeting.)

* It should be noted that our board is responsible to take due diligence in monitoring our association funds.

All expenditures should be approved by a vote of our board of directors, at a duly called BOD meeting, prior to disbursement unless an emergency exists (potential eminent loss of life or property).

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Highlights of the September 22, 2009

Board of Directors Meeting

A quorum of directors was present including Mr. Tibbitts, Mr. Gerace, Mr. Long and Mr. Schaffer. Mrs. McDonald was absent. APM representative Van Moore and 3 residents were present.

The meeting was called to order at 7:05 p.m.

The Minutes of the last meeting (June 23, 2009) were said to be on the APM website.

The Treasurer's report was read and corrections were made. Incorrect accounts had been used and fund tranfers have to be made to correct these errors. The board directed APM to make the needed transfers by October 6, 2009, as they planned another board meeting on October 15, 2009. The board unanimously passed the corrected Treasurer's Report.

The ARC Chairperson reported that a request for fencing had been made.

A board member stated the weir is being cleaned by Aquatic Systems as part of their pond service contract. APM stated they were monitoring to make sure it stays unobstructed.

APM is "checking" on the ability of the association to have roads repaved as needed, through reserves for that purpose.

A board member reported the following items were completed: Gate repairs for the Tropical Trail SL and IE gates, Sunset Lakes Drive "depression" by jogging trail repaired, park improvements complete, IE entrance repairs complete, Starlight "depression" reparied. No cost amounts or identification of funds used for these items was provided. (It appears this is where the financial discrepancies were found per the Treasurer's Report, which are to be rectified by the next meeting.)

The board received 9 bids for Landscaping Service and the lowest of these (M & M Landscaping) was chosen by the board. A motion by Mr. Long, with a second by Mr. Schaffer was followed by a unanimous vote to hire this firm at a cost of ~$4,600 per month (~$55,800 per year). (Notice should be given to the current landscaping firm per their contract if not already done.)

A board member stated all spending on landscaping was complete for the 2009 year and no further expenditures for this item were planned.

A board member stated a community newsletter (Gazette) was posted in the community today and there were new companies advertising. The The cost of printing and advertising "broke even", according to the board member.

The previously requested "Dog Park" was again discussed by the board. APM reported the cost of the required containment fence which totaled $9,000 for a 100 x 200 foot area. The item was tabled by the board.

A board member stated the fine for C&R violations in the community should be set at $15 per day fine with a maximum of $1000 (per FSS). A board vote approved this amount.

The board meeting was adjourned at 9:30 p.

(We are pleased to see that this board is demonstrating awareness of the financial situation that has been described and that they are also aware of the FSS 780.303 which requires that all board meetings of an HOA association board to conduct association business be open to all the members (except in cases of litigation or in the case of an emergency). This compliance with the "sunshine law" transparency for HOAs is welcome and we support a board that keeps our association appropriate in terms of legal meeting aspects, in good condition to maintain property values, safe and financially sound for all members.)

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Highlights of the June 23, 2009

Board of Directors Meeting

Note important item in red print

A quorum of directors was present including Mr. Tibbitts, Mr. Long and Mr. Schaffer, and Ms. McDonald. Mr. Gerace was absent. APM representative Van Moore was late for the meeting, and was said to have "double booked" the evening. Approximently 20 residents were present. An agenda was presented by the Board President.

A motion was made, seconded and unanimouosly votes to have the meeting come to order at 7:05 p.m. (Motions cannot be taken, nor votes made until a board meeting is called to order. The President, Vice-President or his designee "calls" the meeting to order, per Robert's Rules [our association is bound by our Bylaws to run HOA meetings by Robert's Rules]. Motions are then made, seconded, discussion takes place and votes are taken on various subjects.)

A board member stated Atlantic Engineering has finished.

A community member stated that Aquatic Systems monitors erosion on the community stormwater ponds and that all the ponds in SLHOA should be checked for erosion.

It was also stated by a community member that SJRWMD decided that our stormwater system was functional, and that 42" pipes were found between ponds. This size was said to be sufficient in terms of construction requirements. (This is true. Of course, if the pipes are not kept clear of silt build-up, they will not have a functional diameter to accomplish their task. If erosion takes place, the soil will silt into the ponds and reduce their capacity; thus there will be further erosion from high water and the problem will worsen. The task of periodically cleaning the pipes, as well as possibly dredging ponds so that the system may function properly, rests with the community.)

A board member stated the gazebo in Island Estates has been razed at a cost of $3,000, and there were now "environmental issues" to consider.

A board member stated the main SL entry was "looking good" and thanked the wife of a board member.

A board member stated the play equipment in the main park would be fixed and the posts painted green.

A board member stated that "brush" was being cleared from the edges of the main park so people could "see in". A community member stated that this littoral edge was part of the mitigation for the SJRWMD permit for the development and the indiginous plants on this edge were not to be removed.

A board member stated a community member had volunteered to put out signs telling residents when the trash was being picked up.

A board member stated a community member was organizing the July 4th parade and would put out a sign for that. (This same gracious resident has organized this parade for several years.)

A board member stated the board had paid $450 for repair of the back gate and Island Estates' gate.

A board member stated an area on Sunset Lakes Drive sidewalk was sinking. A board member stated the "equalizer" pipes were the problem that were full of muck and should be cleared. A board member stated the weir should be cleaned each month by "workers". A community member stated she wanted the gate put back on the main weir.

Minutes for March 22, 2009 meeting were requested. The Secretary stated she had none and thought none were taken at the last board meeting.

Treasurer's Report - The month's treasurer's report was not able to be given, as it was said to not be clearly understood. The property manager was quoted by the Treasurer to have said the HOA has enough money and that allowing the residents to wait until September to send in the second half of the 2009 dues would not cause a cashflow problem for the association. A board member said he did not think it was necessary to change the Bylaws to change the dates of dues payment. (Our Bylaws require annual dues to be paid in January of each year. In order to assist those families who may have difficulty with the full $600 annual dues right after Christmas, previous boards, as well as this one, decided to allow 1/2 payment in January and the other half in July. This board has apparently decided the second half may be accepted in September 2009.)

A community member stated that the Bylaws needed to be properly changed if we wished to change our due dates for dues collections. A board member stated that there was a committee looking in to that.

A community member stated there was a Bylaw Committee (since 2004) that had completed an entire review and written corrections of the Bylaws and C&Rs for the community, completing all important changes; had the changes approved by the BOD in 2006; explained to the community each change in great detail at a special membership meeting held for that purpose and had the proposesd corrections reviewed and approved by the HOA attorney. Since that time, they have been ready to be put out to the people for a vote. It was stated 2/3 of the association membership is required to amend the Bylaws (Our Bylaws state that 75% (3/4) of both the BOD and the membership are required).

A board member stated amending the Bylaws would be very difficult. A community member stated the Bylaws and C&Rs had been ammended twice in the past (by the 2001 BOD and the 2005 BOD passed a dues increase). A community member volunteered to assist the Board in going door-to-door to educate the residents about the importance of this task (as had the previous SL Board of Directors when they passed a desperately needed dues increase in 2005). The community member stated the board/membership meetings required for this vote may need to be continued a few times (without adjournment so that it is actually one continuous meeting) in order to accomplish this important task.

A board member stated he didn't know what the "vacancy rate" was in the neighborhood, and how much trouble getting a community vote would be. A board member stated we needed to have these proposed changes on the website.

A community member stated that having read the contracts the HOA has with Commercial Mowers, they should be pulling or spraying weeds per their contract.

Architectural Review Committee Report - An update was given to the board members and a copy was provided for the property management company on the activities of this committee. No report was read for the members present and no current applications or decisions were discussed.

An ARC member stated there were "volunteers" to help with the committee since June 16, 2009, and provided these names and contact information to the board:

Jim Turner; 782 Killarney Ct., 449-4078, email jetfingers1@aol.com

Don Wittkopf; 842 Killarney Ct., 452-2591, email: dwwittkop@bellsouth.net

Debbie Brannigan; 882 Killarney Ct., 456-5650, email: dbrannigan2@cfl.rr.com

Alternate - Sherri Centore; 3824 Sunward Dr., 459-3877, email: SOC9997@bellsouth.net

Alternate - Lou Willadsen; 496 Limerick Dr., 449-9666, email: lwilladsen@cfl.rr.com

(According to the current Bylaws of this association, each year the ARC committee members shall be elected at the annual membership meeting [in February of each year] by five consecutive votes; with a Chairperson decided by the vote. There are to be three members of this elected board and two elected alternates. A majority of the ARC (two of he three) shall decide whether or not member applications for exterior renovations, additions or changes, etc., are approved. This is the third consecutive year this association has not held an ARC election)

The allowed "exterior house colors" of homes in the community were discussed. It was stated there should be an approved "color chart" set up by a local business that the ARC would utilize. Earth tones in general were thought to be appropriate, rather than brighter colors.

A community member asked if the 2008 Annual Financial Review due in May 2009 had been done, as required by the Bylaws. A board member stated he may have it, but wasn't sure.

A community member asked what exactly Atlantic engineering had done and how much did the association pay for this work? A board member stated they put "collars" on the pipes on Sunflower at a cost of $4,000 - $5,000 and Killarney at a reported cost of $10,000. These funds were said to come from the Deferred Maintainance fund except for the Killarney $10,000, which was said to come from the HOA Road Reserve, as it was said to have impacted a road.

The board member stated that a firm called "Gator" was less expensive, but they were "no-shows". The board member stated the projected cost of the Starlite pipe problem is $4,000 - $5,000 and the anticipated cost of Sunset Lakes Drive pipe issue is also $4,000 - $5,000 to avert another sinkhole. (these are generally called "washouts" rather than sinkholes by most in the field).

A board member stated that Aquatic Systems monitors erosion on the community stormwater ponds and that all the ponds in SLHOA should be checked for erosion. It was stated that SJRWMD decided that our stormwater system was functional, and that 42" pipes were found between ponds. This size was said to be sufficient in terms of construction requirements per SJRWMD attorney's. (Of course, if the pipes are not kept clear of silt build-up, they will not have a functional diameter to accomplish their task. The task of periodically cleaning the pipes so that they function properly rests with the community.)

A community member stated that the system is not redundant and pond #5 receives water from three other ponds. The HOA must maintain patency of outflow of this pond to pond #2 and on to #1 and through the wier, or many areas (streets) in the community may have difficulty draining during heavy storm events.

The Treasurer stated there was $18,000 left in the Deferred Maintenance fund, $44,000 left in the Gazebo, Docks and Bridges Reserve fund, and $269,000 left in the Road Reserve Fund. The Killarney repair ($10,000) was taken out of the Road Reserve and all other reparis were taken from the Deferred Maintenance fund. (Reserve funds are specifically for the item designated; usually large and expensive items that could not be supported by the normal operating funds or the Deferred Maintenance fund - which is for nominal repairs and maintenance. Reserve funds are "reserved" for those items alone. For instance, the association may not legally borrow from the road fund to pay for sprinkler system repairs. In the past, this association has had an average of $25,000 to $30,000 in operating costs per month. There should be full disclosure to the membership and a public vote prior to borrowing monies from ANY source to maintain operation of this association.)

A board member (the current President) stated that he thought the Road Reserve may be underfunded. (This is quite correct. The cost of materials has increased substantially since the start of our Road Reserve in 2004. We are currently not in a postion to resurface roads in our community...and will be needing to do so soon.) This board member stated he was amazed how much it cost to replace the small Sunward Drive section of road.

A community member asked how much was currently in our operating account. A board member stated he wasn't sure and had to ask "Van". He said he was not sure about carry-over funding , but thought there was $29,000 left in the HOA Operating account. Total in all the Reserves funds combined was $457,000.

A community member explained how the Road Reserve was started in 2004 by Mr. Gursky, who was a board member at that time. Since the community was built in phases, the resurfacing of the roads should also to be done in those phases.

A community member stated he saw "non-residents" in the neighborhood and "using" the park. A board member stated that schools in the past had used the park for tennis lessons, etc.

A board member stated our gates were left open and this community was not a "closed gate" community and we have made our road public roads. Multiple community members corrected this misconception. (The Sunset Lakes Community is a private, gated, deed-restricted community by law. Every member of the association [property owner in Sunset Lakes/Island Estates] has signed a statement that they are aware of this, have read the documents and agree to abide by them. We are held to our Bylaws and Covenants & Restrictions that are part of the public record of Brevard County. The reason we leave our gates open in the front of SL is so the school busses may pick up the smallest of our children...so they will not be standing next to a busy state road waiting for the bus. The open gate policy (6a to 6p) also allows service workers access and have reduced the cost of gate repair substantially.) Community members felt the "private community - no tresspassing sign" as posted, was not able to be readily viewed by trespassers.

A community member asked about the legality of trailers and large commercial trucks being parked in streets and in driveways. A board member stated that there would be a C&R run soon and notes would be sent to them as a reminder to remove the vehicles. (There are no restrictions to trucks in driveways in our C&Rs. We are forbidden, however, from parking any vehicles in the street on a regualr basis, and commercial equipment parking/storage and business operation is not allowed in this community.)

A community member asked why the financials were not on the website. They also wanted the names of those members who had not paid their dues put on the site.

A community member stated a resident had a pontoon boat parked in a driveway blocking the sidewalk, and the Sheriff will give tickets to anyone blocking sidewalks, as it violates state law. (Boats are not allowed in the driveways in SL [this may exclude the time - such as overnight - it takes to load, unload for recreational outings]. They must be parked in the side yards and screened by fences. If they do not fit, there is no other choice than to obtain dockage in a commercial facility)

A board member stated he thought the board had to approve the 2008 Financial Review. A community member stated all members were allowed to review this 2008 report which was to be done by an independent accountant. It was stated that individual members may ask the property management company for a copy of it. (This very short report is now on the APM regulated website as of 7/19/09.)

A community member asked when the pipes in the stormwater system would be cleaned? A board member stated "We want to use our fix-it guys".

A community member stated she was on the "Due Process" committee and wanted to know when the next Covenant Run (The regular inspection of the community by the property management firm to see if there are violations to the C&Rs) would be made. This community member wanted to have those who were found to be in violation sent to her at soon as possible. The member stated she felt a $500 lien should be applied to the account of members that did not follow the rules to cover attorney costs.

A board member stated the free-standing basketball backboard and net sets must be put behind the houses per our C&Rs. A community member corrected the board member regarding this item: The C&Rs state there are to be no basketball backboard/net sets attached to the front or side of the houses. There is no mention of temporary, portable, free-standing basketball sets in yards or driveways in the C&Rs.

A community member stated he felt any violations or non-paying members should be taken to small claims court, rather than going the route of a lien on the property. (Liens may not be incurred for violations of C&Rs. Only non-payment of association dues are grounds for a lien on property at this time. Many HOAs elect to wait until non-payment has exceeded $1,000 and all efforts to collaborate with the property owner have been exhausted prior to initiating the lien process.

Noncompliance with C&Rs may be addressed in Small Claims Court up to the point of $5,000 claims. Many HOAs elect to wait until a member has accumulated $1,000 in fines before initiating SC action. A requirement of notice(s) and specific time periods must preceed any legal action per State Statutes. Both these choices require legal expertise and any such actions would be through our HOA attorney)

A community member stated the pedestrian gates in the rear needed repair.

A board member asked the members to send an email to a board member if they note the rear gates are open, and they would call the gate people. There is a charge each time these repair people come to close the gates.

A board member stated, "Neighbors, educated people, in this community just do not care about the rules".

The APM representative arrived. A community member asked when the Financial Revew for 2008 would be available for the review of the membership. The Treasurer asked if he could be shown the Financial Review. The APM representative stated the Financial Review "is what it is", the board could not change it and if any member wanted to see it they may contact APM.

A community member asked if there could be a "dog run" established in the community. A board member stated it seemed like a good idea and they would look into it. It was suggested that everyone who uses the dog park must clean the dog park.

A large gator was said to be removed from the grounds a few weeks ago.

The APM representative stated the bulbs in the sign for Island Estates had been replaced, and the weir between pond #1 and "Frank's" had been cleaned. Also that grass carp barriers must be in place per Florida State law.

The APM representative stated that there were 5 to 7 homes in foreclosure in SLHOA at this time. Only four members required demand letters. The representative continued that the "Due Process" committee (Diane Gray & George Hawkins) may have all violation of C&Rs reports emailed to them and stated the Covenant Runs were being done monthly, as the community was "too big" to do them weekly. (The original Property Management Company our association employed (Sentry, the largest such firm in the state at the time) ran weekly Covenant Runs, as did APM until recently, when they asked the board to be allowed to reduce to monthly checks. Weekly runs are the "norm" and the most efficient way to keep a deed-restricted community compliant and susequent property values stable. If only 12 "observations" are made each year, enforcement of our C&Rs in a fair and consistent manner may be quite difficult.) The APM Representative recommended the SL Board of Directors set a fine structure for violations; 1. per occurance, 2. maintenance related, 3. violations regarding ARC rulings, etc., for the "Due Process" group. He stated this group would not be doing the same tasks as the ARC.

The APM representative encouraged the board of directors to take "actions without board meetings", but instead "by email" and then "ratify" their actions at a subsequent board meeting. (Florida has a unique "Sunshine Law" in place that applies to all public and governmental, boards and other appointed and elected committees and groups. This law did not apply to the state legislature when the law was first written in 1967, but was overwhelmingly voted to apply in 1990. It is, however, very strict in terms of boards, committees and appointed and elected groups meeting and doing business "out of the sunshine", which means NOT IN PUBLIC or BEHIND CLOSED DOORS.

Although our registered non-porfit organization is not a public or governmental organization, there are similar statute requirements to protect the members of organizations such as HOAs. For example, a quorum (3 or more) of our board members may not discuss items that may come before the board for discussion or a vote in any other venue except a properly held, legally called board meeting. Since we have five board members, that means that three together constitute a board meeting. The appearance of impropriety is also ill advised. Not only is it illegal to convene a board meeting without public notice, nothing decided at these "out of the sunshine" meetings may be legal and binding.

As with public and governmental entities, attempts to "get around" the spirit of the Sunshine Law through the use of "conduit" communication has not been successful in court challenges. This means that communication (or "meetings") may not be held through a third party to avoid following the law. Board meetings via phone call, conference call, email, postal mail, or carrier pidgeon are also not open, noticed, public association meetings, and consequently not legal for our HOA, except in the case of a real emergency.

The suggestion and encouragement for our inexperienced board to hold "email meetings" or to do our association business without meeting, is very unfortunate. The board needs to be aware that they are being encouraged to meet "out of the sunshine", so to speak in terms of our state statute requirements, and they are personally liable for the consequences. Not understanding the law may not protect them.

Due to the information provided at this board's meetings, it appears there may have been actions taken and association monies accordingly spent without discussion and vote by a quorum of the board at legally called board meetings. This action [intentional or not] violates State Law, Chap 720.303 FSS.

This issue is beyond "D&O" insurance coverage, which all board members of HOAs are encouraged to have, in case they accidently make a mis"deed" or "omit" a needed item. This issue concerns standing state law and puts the board members and our entire association at risk. We need our board to meet according to the law, and not hold illegal meetings via phone, email or "conduit".)

A community member asked what may be done about yard trash piles in the yards causing grass damage or piles of yard trash in the street, thereby causing a safety hazard. A community member suggested the yard trash be put in the owner's driveway until pickup. A board member stated this info may be added to the newsletter.

A board member stated there was a $30 cost for each remote control replacement to open gates in SL.

There are some "sudden palm deaths" on Tipperary. A community member stated the trees will be more resistant if they are not trimmed so severely. Another community member stated some diseases are carried by tools and equipment.

A community member (also a member of the "Due Process" committeee), wishes the board to cut down a large tree on common property. She states this tree is behind her home in the common area and has "invaded" her area.

8:52 p.m. - A motion was made to adjourn, seconded and unanimously voted by the board.

Note again, the only votes taken by this board at this board meeting were to call the meeting to order (an improper vote), and the vote to adjourn. This state registered, non-profit HOA has well over a quarter of a million dollars in revenues and an excellent and experienced attorney. The board must follow the law.

____________________________

March 22, 2009

A SLHOA board meeting was held in the main park

of the HOA at 3:00 p.m.

A quorum (4) of directors was present including Mr. Tibbitts, Mr. Gerace, Mr. Long and Mr. Schaffer. Ms. McDonald was absent. APM representative Van Moore also attended with his small child. Approximently 5 residents were present.

The meeting was not called to order, but rather "conversation began" at ~ 3:00 p.m. in the main park of the community.

No Minutes of previous meetings were provided.

No Treasury Report was provided.

A community member who had been volunteering for several years for the neighborhood stated he was moving.

A board member suggested that electric lights on tall poles be installed around the main playground and throughout the park, at an estimated cost of $12,000. (We currently rent our streetlights from FPL, which is FAR less expensive than owning our own. Our HOA electric bill is currently > $1,000/month. The Sheriff's Department does an excellent job of night patroling the park at intervals and with any calls of concern from the residents. The main park is closed at dusk (with signage present), so lighting there makes no sense unless increased vandalism is desired. There are roads, intersections and areas in the community that may need further lighting for resident safety and these should be the first concern of the board.)

A communty member asked if the board has discussed the installation of high streetlights in the main park with the residents surrounding the main park, in terms of how this may impact them. No answer was noted.

A community member asked if the additonal lighting would increase insect attraction. A board member stated he would build a bathouse to attract bats to the area to eat the insects. (This is one of the worst ideas we have heard from any board member or resident on any topic. Bats are known frequent carriers of rabies which is a serious infectious disease that may have fatal results. This disease maybe transmitted from a bat to a person via respiratory tract [breathing the air around the bat], without requiring a touch or bite. This would be a very unwise action considering we have children playing in the park. Furthermore, bats come out at night in the dark. If the streetlights are on, the bats won't come out. Sigh)

A board member stated new playground equipment was desired with an estimate of $8,000 required. (Public playground equipment the equivalent to that which is currently in the main park, is extremely expensive [$20,000 to $50,000 and up]. In order to remove the current equipment and install comparable equipment, the cost would FAR exceed the $8,000 estimate.)

A board member stated that he had "...just signed a contract to have our sinkholes repaired" which was described as "very expensive". (There are several areas of washout [which may be termed sinkholes] throughout the community. These include Killarney, Tipperary, Sunflower, etc.) This board member expressed concern that this obligation was to be paid through the HOA Deferred Maintenance fund and that there may not be enough left for streetlights and playground equipment.

No amount was revealed regarding the cost of the sinkhole repair that the HOA has been contracturally bound to pay, no motion made and no vote taken on any subject at this meeting.

The meeting was adjourned at ~4:00 p.m.

_______________________

February 19, 2009

Annual Membership Meeting

Annual Election of 2009 Board of Directors

Annual Election of the 2009 Architechural Review Committee Members

The 2009 Annual Membership Meeting, Annual Election of Board of Directors and the Annual Election fo the Architectural Review Committee (ARC) meeting was called to order ~ 7:00 p.m. in a storage room at the Moose Hall in Merritt Island. Approximently 15 individuals were present. A quorum of the membership was not present with either attendance or proxies. (Without a quorum of the membership at the Annual HOA Membership [or any membership meeting] Meeting, no legal meeting can be held and no business may be conducted. The appropriate action is to reschedule the meeting for another date and place at this meeting and not adjourn the meeting...but continue the meeting at another time.)

The board decided to hold an "organizational meeting" at this time. (An organizational meeting is a meeting that is held after a legal election of a new slate of board members has been voted into office. Without a quorum, an election could not be held, and therefore an organizational meeting cannot legally be held.)

The board announced that Mr. Tibbitts would be President, Mr. Gerace would be Vice-President, Mr. Long would be Treasurer, Ms. McDonald would be Secretary and Mr. Schaffer would be a Director-at-large. No mention of the ARC membership (Required annually by our Bylaws) was announced at this time.

No Minutes of previous meetings or a Treasury Report was given.

A community member asked what was being done about a house that was suffering a sink hole in the yard. (There are several of these; on Killarney, Limerick, Tipperary, etc.) The board related that they were "getting bids" for repair of the sinkhole as long as those bids were < $8,000.

The board decided not to persue a $100,000 activity proposed by another community member at the last meeting regarding attempting to obtain FEMA funds.

A board memebr stated that "4 or 5" of the SLHOA residents have not paid dues to date. (It should be noted that last month (at the January 14th meeting), the board reported:

"...that uncollected dues had reduced to ~ $14,000.

A board member stated that some members

had moved and one property was being turned over to the association attorney for non-payment of dues. (Note in January [last month] there were >100 members who had not paid 2008 dues as yet, and 40 who were "ready" to go to the attorney for non-payment action - awaiting the board's "word".)"

An Annual Financial Review due in May of each year (required by our Bylaws) was mentioned.

A board member stated they want to use "deferred maintenance" funds for repair of the HOA stormwater system, rather than put monies in a dedicated resesrve (A dedicated reserve is the appropriate funding mechanism for such a large and expensive component of the HOA. Deferred maintenance may best be kept for emergencies such as hurricanes, flooding, etc.) A board member stated in a "drainage engineer's opinion" the stormwater drainage system is working.

No election was held for the Architectural Review Committee members, which is annually required by our Bylaws.

The "organizational meeting" ended without a vote by the board on any item.

______________________

Highlights of the January 14, 2009

Budget Meeting

The meeting was called to order at 7:05 p.m. at the Moose Hall on Courtenay Parkway.

A quorum of the 2008 board members was present: Chris Gerace (President), Gina McDonald (Vice-President and Secretary), Lee Tibbitts (Treasurer) and Ed Schaffer. The association property manager Van Moore (APM), was also present.

Minutes: The Minutes of the last Budget meeting were not discussed, read or voted upon.

APM noted that Budget Item 949 regarding plants and trees was in error and should have been $26,000+, rather than the $43,000+ as printed.

A board member stated the Association was found to be not in compliance with the SJRWMD rules in terms of the drainage ditch east of Sunward Drive due to overgrowth of weeds. An $800 estimate by a private contractor was stated to correct the situation at the northern end of the ditch.

Another area behind the detention pond in I.E. was said to be in violation with noxious plant overgrowth and was corrected (no cost stated). In addition, overgrowth of plant material at the outfall of the weir in SL was found to be in violation and was cleaned by Aquatic Systems, as per contract.

The Association Treasurer stated that uncollected dues had reduced to ~ $14,000.

A board member stated that some members had moved and one property was being turned over to the association attorney for non-payment of dues. (Note in January there were >100 members who had not paid 2008 dues as yet, and 40 who were "ready" to go to the attorney for non-payment action - awaiting the board's "word")

A board member discussed security cameras in the park and at the gates. A community member volunteered to research.

A community member asked for a copy of the Reserve Schedule, as it is part of the Budget. Members were asked to call the Treasurer, Lee Tibbitts if they wanted a copy.

A board member stated the Road reserve had 6 years left with a current balance of $234K and the association was depositing $46,900 each year; no change from the initial amount set in 2003.

A community member volunteered to ask a former association board member (Rich Gurskey of Sunward Drive) if he has any of his notes and research from his initiation of the Road Reserve in 2003.

A board member stated that a business in Cocoa Beach claims they may provide a sealer that, when put on the road surface may increase the length of road life.

A board member stated the Deferred Maintenance Reserve which is receiving $15K per year, will provide our Stormwater System funds.

A motion was made to pass the 2009 Budget as discussed, seconded and carried unanimously by the board.

(It should be noted that this meeting was scheduled and posted as a Budget Meeting only and no other business may be conducted at the Budget meeting, per our associatin Bylaws.)

A community member presented an opinion that the HOA may apply for Federal Disaster Funds for the "damage" to the association stormwater system during the recent heavy rain event. (In fact, the association sustained little if any damage to the stormwater system due to the heavy rains. The reasons flooding occured in some areas of the community were a combination of record rainfall amounts, high river levels [prior to the ACOE opening the lochs to allow reduction], and the communicating pipe between two of the detention ponds is not large enough to handle the sudden large influx of runoff. Under normal conditions [since the community was built] there have been no such flooding situations in SL. WIth the exception of a "repair" of leaking pipes on Killarney, and the system has worked adequately.) He noted the deadline for this application was very soon and recommended the board swiftly act to apply for such funds and suggested the association apply to the head of the Federal Hazardous Mitigation Grant Funding.

The Association President stated the cost of preparing the grant request application and gathering engineering evaluations, estimates and other pertinent information may be substantial and did not want to spend limited association monies on the chance the application may be approved. (Very appropriate point of view! It may be quite expensive to obtain engineering confirmation of the condition of the enitre communicating system prior to the rains, evidence of "damage directly caused by the rains" and an estimate of "required repairs to the system" to bring it back to pre-storm condition, as well as have the application professionally written. This would essentially be a "gamble" that the Federal Government would believe we sustained substantial stormwater system damage due to this rain and thus grant us funds to repair such damage; an unlikely scenario, in our opinion. The end result may well be our spending thousands of association funds for naught. Our stormwater system has inherent flaws of which we have been aware for several years, including repairs approved by the SJRWMD. Eventually, expected maintenance cleaning and securing our large, 16 year old stormwater system is part of our own private community responsibility - and an adequate Reserve for that specific purpose may be in order.)

A motion was made to pay the aforesaid $800 for cleaning of the north end of the Sunward drainage ditch, per SJRWMD requirements, seconded and approved by unanimous vote of the board.

(Note: According to the Association By Laws, the 2009 association dues [currently $500 per yearplus $100 per year for Road Reserves specifically = $600 total] are due at the beginning of each year (January). Members are awaiting an invoice from APM to send in with the dues. Members are also awaiting the Annual 2008 Association Audit Review of Financies, per our Bylaws.)

The 2009 Budget Meeting was adjourned.

________________

Highlights of the November 13, 2008

Board of Directors meeting

The meeting was called to order at 7:04 p.m. at the Moose Hall on Courtenay Parkway.

Minutes - The Minutes of the September 2008 meeting not read aloud, but were approved for the record with no corrections with a Motion by Mr. Schafffer, second by Mr. Tibbitts and unanimouos vote by the board. Board members asked APM why the Minutes of previous meetings were not yet on the website. APM stated that the Minutes would be updated on the the 1st and 15th of each month and that the SLHOA Minutes would be brought to current date.

A Board member apologized for being unable to "do the minutes" due to a great family loss and personal hardship. Condolences were given to the board member by an association member, noting that the SLHOA is paying APM to take and post Minutes of our meetings in an accurate and timely manner. These may be posted immediately, in draft form as timely information for members who were unable to attend the meeting, and later as a permanent part of the record after they have been corrected and approved by the board. This item is a contractural responsibility of APM.

A community member stated he is trying to do the newsletter bimonthly.

A board member stated he would like to update the website for email capabilities. The official website is APM's responsibility and Mr. Moore noted this request by the board.

Treasurer's Report - A board member stated the association was "fine" and ~ 100 members have not yet paid their 2008 dues. No balances or expenses were related.

APM stated they would put a link on the official website for members to pay dues. Mr. Moore stated the Community Association Bank is our bank which charges homeowners a "convenience" fee. He also stated that there are ~ 40 members who ~$600 in arrears that will be turned over to the attorney "...when you want".

A board member wished to have the board personally approach each of those 40 and discuss options with them prior to attorney action. The board directed APM to draft a letter to the homeowners regarding such eminent legal action. No vote was taken.

A community member asked how many of the 40 are in forclosure, as attorney fees are not collected for homes on forclosure. APM was not aware of this data.

A board member suggested there be a budget item for "Bad Debt". Another board member stated they were working on next year's budget now. (According to our Bylaws, a copy of the proposed budget must be sent to each member 30 days prior to the Budget Meeting.)

Another board member wanted to decide on the meeting date for the Budget Meeting. The board member suggested January 13, 2008 and asked APM to secure this date on the Moose calendar. (Note that the final date has changed to January 14th, per the notification sent to all members. According to our Bylaws, a copy of the proposed budget must be sent to each member 30 days prior to the scheduled Budget Meeting. A Reserve Schedule is is now part of our proposed Budget. If a Reserve Schedule is not included in the Budget that is sent to all members, the Board/APM should have copies of it available for members who attend the Budget meeting. Note that at the Budget meeting (or any meeting noticed for a specific purpose), no other business may be transacted. If there were to be a need for other business to be done, a BOD meeting would also need to be noticed 48 hours in advance for that purpose. These rules were designed to protect members by making sure they know what type of meetings are being held and when.)

OLD BUSINESS

A community member asked when the gates in IE would be repaired. APM stated they would be done by the following Friday (Nov. 21st).

A board member stated the SL main gate is remaining open. A community member asked if the change in time was a factor. APM stated they were not aware.

A community member stated that the gate should be closed every night at 6 p.m. and asked that the gate company be advised. APM stated they would do that "tomorrow morning" (Nov. 14th). Mr. Moore asked that a board member email him to remind him to do that.

A board member stated that there has been less of an issue with mowed grass blown into some detention ponds, but this was still occurring in other areas throughout the community. A community member stated he wanted a "penalty clause" for grass cuttings in the ponds inserted in the landscaping contract.

A board member stated that if a mulching apparatus was required for SL, it may be an expensive addition to the landscaping contract.

A community member wished to have the items covered in the contract with the landscapers reviewed by interested community members, prior to renewal of this contract. APM stated they would find out when the contract was due for renewal.

A board member stated the "sinkhole" (these are actually considered "washout areas" due to the leaking stormwater drainage pipe system, rather than the more commonly known sinkholes that create large unstable underground caverns from underground watertable contracture. If left without repair, washout areas can reach the same outcomes, but with proper maintenance, they are not the potential danger as the huge sinkholes we have seen devour homes, etc.) on Killarney was scheduled to be repaired in January, 2009. at a cost of $5,000 to $8,000. This repair is said to be effective for ony 5 years. (?)

APM stated the "sinkhole" on Sunset Lakes Drive was patched and no further work needs to be done for that. The one on Sunflower has an orange barricade around it for pedestrian safety.

APM suggested pouring another sidewalk over the sinking area, or replacing sections of sidewalk. (?)

A community member stated there were sidewalk sinking problems on Limerick and several other areas of the community, as well. APM said they would look into it and asked members to send him picutres.

A board member asked APM if there were any members who needed to be addressed by the "Due Process" committee. One homeowner on Sunbeam was considered, but they are now facing forclosure, so it was decided to not proceed.

APM stated that he was working on a schedule for daily fines and accumulated fines. He stated they cannot go over $1,000 total for each event (per current Florida State Statutes). APM stated the board would have to approve the amounts for daily fines for specific isseus.

A community member (also a member of the "Due Process" committee) asked if the members would talk with the board before they came before the committee. APM stated the "Due Process" committee should convene privately and vote and then declare their decision to the individual. Then the board will send a letter to the homeowner. The community (committee) member asked if the membership will be apprised of the amounts of the fines and this procedure beforehand. A board member stated that the association will send out letters to the community with this information included.

A board member stated that the Covenant checks are now done only once per month (rather than weekly, as are most deed-restricted communities, as well as the initial contractural agreement between APM and SL ). The board member stated the homeowners have three months to correct an item.

A board member requested APM send a sample of a letter and the fine schedule to the board. APM stated there are 8 or 10 who are in violation now. He suggested starting with the 4 or 5 with the "most history".

A board member stated there needed to be another person on the Architectural Review Committee (ARC). (According to our ByLaws there must be 5 elected members of the ARC; three active and two as substitutes. There are to be individually elected by the membership. The membership also elect the Board of Directors at the same Annual Membership Meeting in February of each year. Last year, however, the Annual Meeting could not be held, as there was not a quorum, and there were no volunteers to run for the postions, so it was postponed until a financial review could be completed and volunteers for the board postions could be found. On July 31, 2008, a new board of volunteers were elected "by affirmation" and the responsibility of the association was turned over to these volunteers, who are our current board members. At the next Annual Meeting in February 2009, the Minutes of the previous Annual Meeting (that July 31, 2007) meeting are the ones reflecting that turnover and should be read and approved.)

A board member stated that the current individual on the ARC needs guidance regarding colors for home exteriors. APM suggested requesting a 1 foot color square to evaluate proposed colors rather than small samples from the paint stores.

A board member directed APM to prepare a package of the ByLaw revisions at the beginning of the year (Jan, 2009) to be distributed to the homeowners. The board member also asked that plans to change the code numbers be included in that communication. The member suggested opting out of "paper" and sending only emails to the membership to save on postage. (Logistics of that are complex. Every homeowner does not have a computer and e-addresses change frequently. For simple social events this may be sufficient, but to disseminate important association information, this is not appropriate at this time. A simpler solution for improved communication would be that an informative newsletter be sent out regularly.)

APM stated that the ARC and Board of Director elections may be done at the same meeting. (The elections of the board and ARC have always been held at the Annual Membership Meetings in SLHOA - which must be held in February of each year, per our Bylaws.)

A community member suggested that the corrected Bylaws by put in the "Gazette" community newsletter with notice that a neighbor volunteer would be contacting them for their proxy (vote) regarding the amendments (corrections) to the Bylaws.

The Board President asked a community member for a "Welcome Book" for the SLHOA. The community member stated she would provide the board President with a current copy of this within the next week or two. (This "Welcome Book" was a community effort by the 2003 Board Referral Committee; a Chartered Committee that still exists in SLHOA. This book was completed by community volunteers and provided for the board members and any community members at cost. The purpose of this effort was to provide new (and current) members of the SLHOA a "welcome to the community", the Bylaws, Covenants & Restrictions, helpful hints, maps and contacts.)

A community member stated she had been in SL since August 14, 2008 and was still not included in the front gate directory, despite several requests to APM. A board member directed APM to include this new member.

A community member stated there was a large recreational vehicle (RV) parked over a sidewalk for a long period of time and asked it be moved.

A community member stated that street gutter drains are being clogged by yard debris piled on streets and asked that there be a communication to the members to refrain from doing this, in order to facilitate street drainage. A board member asked the newsletter volunteer to add this to the next newsletter.

20:50 - A motion to adjoun was made by Mr. Schaffer, second by Ms. McDonald, with unanimous approving vote.

______________

Highlights of the SLHOA Board meeting held on

September 17, 2008

The meeting was called to order at 7:10 p.m. at the Moose Hall on Courtenay Parkway.

A quorum of the 2008 board members was present: Chris Gerace (President), Gina McDonald (Vice-President and Secretary) and Lee Tibbitts (Treasurer). The property manager Van Moore, was said to be "running late".

Minutes - No minutes were read from the last meeting of the board (March 26, 2008). (Actually, there have been no minutes of the two previous BoD meetings; July 2007 or September 2007 read before the members and approved.)

Treasurer's Report - A Treasurer's Report was given by the Treasurer. No itemization was given for expenses. It was stated that approximently 1/2 the 2008 dues had been received by the association and that the due date for the second half ($300 for those who chose to pay in two parts) was due on September 30, 2008.

It was said there was $400K in all reserve accounts and that the association monies were spread over three banks with a fourth needed soon, in order to assure FDIC protection. A board member stated the possibility of 2 week CDs being available in California.

A member asked what the average cost per month for the association expenses were running this year. A board member stated the were averaging ~$28K. (Note that $28,000 X 12 months per year = $336,000. The maximum revenue that can be budgeted for this association is the annual dues at $600 per year X 469 units = $281,400. It is hoped all outstanding dues may be paid as soon as possible and the monthly expenditures may be reduced to accomodate the annual revenues very soon).

A board member noted that an upcoming expense included the replacement of infected Queen Palms throughout the community. A community member related the issue of "Bud Rot and Butt Rot" were diseases that were fatal to many palms and had been documented in Sunset Lakes. He provided the website for further information; www.IFAS.com.

ARC Report - None

2007-2008 Financial Review Report - None

Garden Group - None

Newsletter Report - None

Welcoming Committee - None

The association property manager joined the board members.

A community member asked that the landscapers be directed to avoid blowing grass clippings into the ponds.

Another community member suggested that a newsletter be sent out to all association members regarding overfertilization, use of slow acting fertilizers, as well as the grass clipping item, to educate those who may not understand the negative effect of this action on the interconnecting stormwater pond system. Discussion was held regarding revision of the landscapers contract to more accurately reflect the needs of the community.

A board member stated the weir needed cleaning, as well as the entire stormwater system communicating pipes and that this may be expensive.

A board member stated the gate electronic systems were aging also and needed repair/and or replacement and that they may also be expensive.

A community member asked if the retention pond serving the three homes on North Tropical Trial was actually part of the SL detention pond system. The board members stated it was and it was designed so that the three homes for which the pond was built, were not connected with it, and therefore the association must service their pond without collecting dues from those homes. It was said a previous developer, Max Hafizi of Damar Homes, had arranged this situation before he left the community.

A discussion ensued regarding the cost of the gate equipment replacement and the companies that had been contacted to bid. A board member also stated there was a possiblity that volunteers from the community may be able to paint the chipped areas on the gates to improve their appearance, and that the pedestrian gates that had been removed from the west SL gate entrance not be replaced.

A discussion regarding "clickers" for the new gate mechanism, when it is finally purchased, may be needed to replace the current ones, with one replacement due free for each homeowner. As many homeowners had bought extra clickers in the past (at $30 each) for their vehicles, the question was asked if they were to be given those extras, as well. No decision was voiced at this time.

A community member asked why the "Garden Club" had not been consulted about vases and pots that were being placed at various areas of the SLHOA east entrance. The board members stated they were not aware the Garden Club was active and a community member decided to do this on her own. The board members said they liked the pots and vases and that some of the monies for these had come from the community funds and some had come from the member herself.

A community member asked the official website for the association be updated, since 2007 Christmas pictures were still on it. A board member stated it would be updated soon.

A community member asked that the Island Estates be given new codes. A board member stated that would be considered with the next budget.

The Due Process Committee that was initiated by the previous board of directors was discussed. A community member stated he was on the committee and was still unclear as to what he was to do.

A community member suggested that the association put out a newsletter explaining the Due Process Commmittee, and how it would work. In that way there would be no surprises when members were sent letters from this group regarding C&R violations and possible fines.

A board member stated that one association member was in the postion of foreclosure proceedings due to non-payment of association dues. A motion was made to move forward with the foreclosure proceedings on this property by Mr. TIbbitts, 2nd was made by Mrs. McDonald and passed unanimously be the board.

A board member discussed the drainage ditch behind Sunward Drive in terms of function and future utilization by commercial building on SR3. Recleaning the ditch was mentioned, as well as widening portions of it.

A board member stated that there were 2 large sinkholes in the community that required action (small traffic cones were put in the street at the site of this one); one on Sunset Lakes Drive which may be undermining the road as well as the easements and homesite properties, and the other on Killarney Drive, which has been sinking the sidewalk and one member's yard for several years. A suggestion was made to "file the unsunk side" of the sidewalk to reduce the shelf that may trip pedestrians. It was noted these repairs would be expensive.

A community member asked that there be appropriate "prioritizing" for the needed repairs of the community, in terms of addressing hazardous/property loss items first (i.e., sinkholes/stormwater system) and cosmetic/convenience (i.e., new trees/entrance adornment/gate updates) items later.

A community member suggested bright orange hazard fencing be placed around both areas ASAP to call immediate attention to these hazardous areas and hopefully prevent injury to the members or visitors (as well as liability for the HOA).

The property manager, Mr. Moore, asked that more weed control be done around the shrub beds throughout the community. A community member asked if that was not included in the contract with Commercial Mowers.(In the previous contract there was a clause that included this coverage. The current board may have excluded that clause to lower monthly costs, but none present were sure and no copies were present to check.)

A board member stated the repairs to the guard building did not include the roof and suggested that wait until next year.

9:10 p.m. A motion was made to adjourn, 2nd was voiced and unanimously approved.

______________________

There was no SLHOA Board meeting

held in August 2008

________________

There was no SLHOA Board meeting

held in July 2008

_________________

There was no SLHOA Board meeting

held in June 2008

We are still awaiting a Monthly Financial Report to the members (there has been none since July of 2007) and the results of the legally required Annual Association Financial Review that was to have been done in May 2008.

(8.22.08)

___________________

An Informal Community Meeting

was held in the SLHOA main park in May with a Brevard County Depurty Sheriff attending to answer questions. Approximently 25 residents were in attendance and several concerns were addressed. One item which may be of interest was the topic of blocking sidewalks with parked cars, to avoid parking in streets, which is not permitted in SL per our C&Rs.

It should be noted that blocking a sidewalk in Florida is against Florida State Law, which trumps all other rules, regulations, HOA C&Rs, etc. For those who wish to avoid violating the C&Rs by not parking in the community streets, blocking the sidewalks is not an option. A Sheriff may document a violation for this in fraction, by law. It may be noted this law relates to protection of pedestrians (including disabled persons) who may be forced to enter a street to walk around a car blocking a sidewalk, thus putting them in harm's way.

(May 2008)

_______________

There was no SLHOA Board of Directors meeting held in April 2008

__________________

The 2008 Annual Budget Meeting ,

2008 Annual Membership Meeting,

2008 Annual Election of Board of Directors,

and 2008 Board Organizational Meeting

were all held on March 26, 2008

As we always note, these are not "official board approved minutes" and those may be accessed through the APM website. A simple high sensitivity tape recorder (per Florida State Statutes) is used at intervals for these unofficial notes to maintain continuity and accuracy. In addition, from the 2007 meeting notes to the present, the votes by the board are underlined to assist the members in quickly finding actions taken by the board in these notes. Historical information for clarification is provided in black parentheses.

A quorum of the new '07-'08 board members was present: Chris Gerace (President), Gina McDonald (Vice-President and Secretary) and Ed Schaffer, Director at Large. The APM representative was also present. There were approximently 25 members in the audience.

At 7:00 p.m. a board/budget meeting was called to order. A discussion was initiated regarding the possibility of reducing the annual dues for the members by $100 per year. The consensus of member responses were that that would be a very "poor idea" at this point. (Note that $100 divided by 12 months equals $8.33 per month. It took a prolonged and exhaustive effort by our previous board (2005-2007) to educate the members of our large and diverse community that there was a great need to increase the annual dues to $500 per year, plus the already set $100 in state required road reserves, equaling a total of $600 annually. Remember, the SL developers did not establish any reserves for the first ten years of their buildout. We were left to make up for what we should have been saving for all those years, which is often the case for HOAs when developer/member turnover occurs.

Although the first SL member board (2001-2002) tried to educate the membership regarding this shortage, there was a great deal of resistance and the dangerous shortages continued. That first board (2001) did succeed in amending the Bylaws to eliminate the need for certified mailings to the members [saving ~ $2000 per mailing], changing the required day of the annual meeting [so the association could use the available locations for meetings and the day could vary] and also removing the developer's promotional "guard" from the SL entrance [at a savings of ~$50,000 per year].

Even doing landscaping work themselves, our first board still was not able to save enough to start reserves, or maintain the community as it should have been. Unfortunately, during their short 7 month term (from July 2001 until the following February elections), the majority of the board could not convince the membership to vote an increase in dues enough to properly support the community.

The next two boards could do no better in convincing the membership that there was not enough revenue to properly support the association and the board members continued to struggle with financial shortages in every area. The second SL board did however, near the end of their term, wisely establish a Road Reserve that is now required by state law. The third board treasurer (2004)sent several expenditure reports to the entire membership (469 units) at his own cost, to demonstrate impending financial urgency and trying to help the community understand the need for increased revenues, but without effect. A vote was taken and an increase of revenues (annual dues) failed by 6 votes.

The 2005 ('05 - '07) board was elected and made it their priority to increase the revenues to proper levels to support the community. They deserve much credit and expended a remarkable effort, going door to door to educate each member...many times more that once. When they finally succeeded in increasing the annual dues to $500 + $100 = $600 by a membership vote, we were able to begin future planning for our SL community.

That '05 -'07 board was also able to establish other critically needed reserves, such as the stormwater drainage system, gazebos, bridges, docks, playground equipment, etc. In addition, they had boosted the contingency fund to cover untoward situations.

Today, NONE of our important SL reserves is yet fully funded. In particular, the most expensive item will be resurfacing our private community roads as they age. Remember, these are considered 20 year roads [per the research done by the second board Vice President when he initially set up the Road Reserve]. The first phase of our community was actually started in 1993 and Sunset Lakes Drive, Starlight and Sierra are the oldest roads in the community at 14+ years each today. We are currently less than 6 years away from the end of their projected lifespan, and we do not have nearly enough for those roads, much less all the others that will rapidly follow.

Further, the stormwater drainage system pipes have never been cleaned, nor have the continued issue of some areas with breaks in system integrity been fully addressed, which may cause further destabilization of surface areas. The cost of such repairs, assuming no structural damage will occur, is great. Maintenance for this system is critical for our community. We do not have full funding for this expensive item either.

The current 2008 board Treasurer/Secretary and Vice President have been educated regarding the historical and financial situations of our HOA by the previous ('05-'07) board. It is understandable that our current board may have been at first surprised there seemed to be ample monies in the bank and thought it appropriate to spend more freely. But now that they have been apprised of the reality of the situation, it is expected they will consult with the previous board if needed and be cautious with the association funds, maintaining careful oversight of all expenditures.

If the current board is as wise and as parsimonious as the previous, we may have extra monies to put in these critical reserves to cover our needs in the near future. It is a VERY POOR idea to be shortsighted about the future needs of our community and may also reduce the future value of homes, if there is poor planning such as reducing revenues at a time when the costs of all materials, repairs and services are escalating rapidly.

We may also consider as a community, to increase the general stability of our association by correcting the Bylaws [that have been already completely revised by the excellent SLHOA Bylaw Committee in 2005, checked by the association attorney, and were presented to the community and board at that time], which would include staggering the board of Director positions' elections so we don't end up with a completely "new" board repeatedly. All the work for this action has been done...all the current board has to do is present the revised Bylaws to the community and hold a vote.)

It was noted that monthly costs for the association are rising, although no current monthly financial reports to examine this were provided.

A member asked APM what interest rate the reserves are currently earning. APM was not able to provide this information.

No Minutes of the last 2 association meetings (July 2007 or September, 2007) were available, per APM.

No February 2008 Treasurer's report was given, nor has one been available at a board meeting since June 2007.

A member stated the current association operating account balance may be ~ $100,000. (Since the average cost of services for the association per month in 2005 was > $23,000 , we will need all the members to send in their dues - [either 1/2 @ $300 and the other 1/2 in September, or the full amount @ $600], as soon as possible, or we may be very tight.)

A discussion regarding the amended budget sent to the membership prior to this budget meeting, resulted in the board stating that the total expenses listed in that mailing ($325,000+) were incorrect and that total expenses for 2008 will not be greater than the annual revenue income of the association ($281,400). (Good)

A motion was made by Gina McDonald to pass the 2008 Budget and move $40,000 + of funds carried forward from the 2007 budget into reserves. This motion was seconded by Ed Schaffer and passed unanimously.

8:08 p.m. - The Budget meeting was unanimously voted to adjourn.

8:09 p.m. - An attempt to call the 2008 Annual SLHOA Membership Meeting to order failed due to a lack of membership quorum (there were ~38 proxies and ~27 members stated to be present).

The board found no nominations or volunteers for 2008 BOD positions from the membership, and continued as the 2008 - '09 board by affirmation. (There should also have been a call for nominations/volunteers for the ARC, per our Bylaws. If the current ARC members were agreeable, then they may have been continued by affirmation.)

A 2007-2008 Financial Review is due to be completed by the next board meeting. No date for the next board meeting was given.

A board member stated the playground equipment will be discussed at the next board meeting. No date for that meeting was stated.

8:25 p.m. - An Organizational Meeting was called to order by the board and all board postions remained as previously held.

8:26 p.m. - A motion was made by Ed Schaffer, with a second by Gina McDonald, to adjourn the organizational meeting and was passed

unanimously.

_____________

There was no 2008 SLHOA Budget or Board meeting

in February 2008

Due to considerable confusion over the mailed budget information to the membership and substantial lack of financial data available, a Budget meeting was not able to be held as scheduled on February 19, 2008. A revised 2008 Budget was mailed to the membership, per our Bylaws.

Those present at the Moose on February 19th loosely discussed a variety of items. Since the meeting with all four members of the Board of Directors present, including APM and ~20 members, was declared to be neither a Special Budget Meeting, nor a board meeting (????? Any time 3 or more of our BOD meets, it is a Board Meeting that must be noticed 48 hours in advance so the members may be present, as was this meeting.), no board votes were taken and no association business was conducted. Since no minutes were taken, no "official minutes" can be available for this

"casual gathering of community members".

______________

There was no SLHOA Board meeting

in January 2008

______________

There was no SLHOA Board meeting

in December 2007

__________

There was no SLHOA Board meeting

in November 2007

_____________

There was no SLHOA Board meeting

in October 2007

__________

Highlights of the September 20, 2007

Board of Directors Meeting

A quorum of the new '07-'08 board members was present: Chris Gerace (President), Gina McDonald (Vice-President and Secretary), Lee Tibbitts (Treasurer), Ed Schaffer and Dave York (Directors-at-Large). The APM representative was also present. There were approximently 25 members in the audience.

6:00 P.M. - The meeting was called to order. APM announced that the July 31, 2007 meeting minutes were not available, and those minutes were waived by the board. An association member in the audience volunteered the"highlights" for the July 31st meeting as printed on this website, but they were declined by the board.

NEW BUSINESS

Director Dave York resigned from the board. The remaining members of the board unanimously voted to accept his resignation.

The board asked members for their questions and comments:

1. A member stated there was a hole near the rear gate and stated it could be repaired with concrete.

2. A member asked when all the common areas were supposed to be mowed...particularly the areas behind homes on retention ponds.

3. The previous (2007) SL Treasurer stated he had sent State Farm Insurance $507 in July and wished to know if that had been paid. AOM stated it had.

The property management company representative (Van Moore) stated he had a list of items he would like to do:

1. Remove dead tree on Starlight that had been there since June (no

cost estimate)

2. Remove "brush" behind Mr. Diamond's house in Island Estates (no

cost estimate)

3. Redo landscaping beds (no exact location) in SL and IE (IE will be the

most expensive - no cost estimate)

4. Get bids for pressure cleaning inside gates (no cost estimate)

5. Spray paths to bridges for weeds and replace mulch (no cost

estimate)

6. Contact Aquatic Systems regarding pond maintenance,

hyacinth eradication (included in the current contract with our

lawn service)

7. Removal of Brazillian Pepper tree invasives in the littoral area

around the main park starting early October 2007 (included in the

current contract with our lawn service)

8. Street area at 3803 Sunward repatching (no cost estimate - should be

coming from the road reserve monies and replaced as soon as

possible)

9. Consider ramp for handicapped at each bridge entrance (No cost

estimate) (Rebuilding of the bridge foundations for wheelchair

accommodation may be quite expensive and is unnecessary. The main

park has a street that enters from Sunset Lakes Drive. The angles and

slopes required for such accessability would be much longer than the

current bridges and require expensive redesigning. We have no ADA

violation with the road entering the park providing access to all members.)

10. Repair IE's entrance lights

11. Replacement trees and berm at IE entrance (no cost estimate)

12. All heights of palms throughout community to be trimmed (no cost

estimate)

13. Area that has washed out around Killarney pond? to be filled. (no

cost estimate)

14. Drainage ditch behind Sunward sprayed with herbacides (no cost

estimate)

15. Trash can holders (3) to be pressure cleaned or restained (no cost

estimate)

A board member expressed concern regarding poor lighting in some areas of the community.

Treasurer's Report - The current Treasurer stated he received balance sheets from Van (APM) and stated they were "very confusing numbers" and that he couldn't figure them out. No financial report was given at this time.

A member stated that he would be willing to resod a planter area, repaint the SL entrance sign and replace broken sidewalk on Limerick (no cost estimate) A motion was made to have the member do these items, seconded and passed unanimously.

The board discussed the PVC pipes with reflectors attached to pipe connectors at the entrance of SL. The aesthetic aspects of these pipes was the main point of discussion. APM stated these pipes posed no liability risks for the association.

A member of the Garden Club discussed projects in different areas. The current SL vendor for landscaping (who does the mowing also), Commercial Mowers, will plant, but will not purchase plants for the community. At the entrance to SL, the club wished to continue handling the pots.

A board member stated he would like to put together a resource notebook for the board regarding how to handle homeowners and the grass cutting in common areas, etc. The board discussed grass cutting in common areas. Personal problems were discussed.

The board requested APM to contact homeowners around retention ponds regarding mowing of the common areas behind their properties. APM (Van Moore) stated he would do so.

A member stated that violations of the C&Rs were "obvious" throughout the community.

APM was asked by the board to contact owners of overgrown vacant lots in IE for them to be cut.

The board discussed the status of the Due Process Committee (another name for a Fines/Violations Committee) that was appointed at the end of the previous board's term. APM stated he would make up a list of "things" to use.

A member stated that the only official Committee in the association, aside from the ARC outlined in the C&Rs, was the Board Referral Committee. That committee generated a charter regarding purpose and duties, which was approved by the 2003 BOD. The member suggested the Due Process Committee do likewise, and their Charter could be passed by the current BOD. This action would provide this appointed committee with a legal foundation and boundries to apply fair and equal treatment for all members in terms of violations of C&Rs.

A member of the ARC asked the board if they had any of the past records of their committee's activity. The board stated they had no records. The member stated he would send them copies. The member further stated there was a "feud" between two members regarding planting on common property. In addition, he stated a member in IE wished to construct a fence (Fences are allowed in IE [C&Rs, Sec 7.3 (a), as amended on July 13, 2000]: providing that "...the exterior of all fences must be shielded by hedge plantings". The ARC member also asked how to contact the current board members and he was given such contact information by the board members.)

A member stated they would send a letter requesting the names and addresses of all members of the SLHOA and would need that information within 10 days from such request , per Florida State Statutes. APM (Van Moore) stated an email would be sufficient and he would supply that data when the request was received.

8:02 P.M. - The board voted unanimously to adjourn the meeting.

__________________

No Board meeting was held in August, 2007

_________________

Highlights of the July 31, 2007

Board of Directors Meeting

A quorum of board members was present: Pat Kerr, President, Dave York, Vice President, Marsha Johns, Secretary. APM was also represented. Approximently 12 members of the association attened this meeting.

The June 19, 2007 BOD meeting was called to order at 7:00 p.m. and the Pledge was recited.

Minutes of the previous meeting were read and approved by the board.

ARC - None.

Garden - None.

Gazette - None

2006-2007 Financial Review - Item of concern identified by the Financial Review (done to make sure finances were correct before board turnover), was discussed. This item involved overfunding reserves by APM for some time. Currently, $7,725.86 are supposed to be moved into reserves each month. A board member said we have a dedicated reserve for the road maintenance and also reserves for gazebos, park equipment, etc. Evidently, APM was placing $8,000 in reserves each month, rather than the correct amount. The overage has been returned to operating expenses account and this item is now resolved to the board's satisfaction.

The board then appointed the four association members who had volunteered to serve the community for the next year. Their names are: Gina McDonald, Ed Schaffer, Chris Gerace and Lee Tibbitts. Dave York, the current Vice- President, wishes to remain on the board for an undetermined period of time. No contact information for these new officers was distributed to the members at this time. (If a member wishes to immediately contact a board member, contact information may be available on the "Board of Directors" link on this site's Navigation Bar. No email information is available at the time of this meeting.)

The 2006-2007 board then submitted their resignations and voted unanimously to accept them, followed by a motion to adjourn which was approved unanimously.

7:12 p.m. - The 2007-2008 Board of Directors for SL called a meeting to order and announced which of them would be performing specific tasks. Mr. Gerace wished to be President and asked Ms. McDonald to be both Vice-President & Secretary. He also announced that Lee Tibbitts had agreed to be Treasurer and the two remaining members were to be At-Large Directors. The board then voted unanimously to approve such board position appointments, with E. Schaffer and L. Tibbitts absent.

No date was set by the new officers for the next meeting. (But we all should see the posting of the time, place and date 48 hours prior to all board meetings, per Florida State Statutes.)

An association member asked if the ARC, which is an annually elected position per our Bylaws, was going to be addressed. A member of the ARC stated that all three of the current members had agreed to continue in that position: Donald Wittkopf, Jim Turner and Jackqueline York.

A (previous) board member stated that lightening had struck a community gazebo. An association member suggested if replacement was needed, the pre-fab gazebo that replaced an original on Limerick was a good idea. A (now previous) board member stated that caution tape had been secured around the structure and they had asked APM to obtain estimates for repair, noting that a check of finances is best prior to replacing such expensive structures. APM explained to the new board members this was not a wise item to claim as a loss on association insurance.

APM stated that they were trying to get a permit to stock grass carp into the ponds to address grasses growing into the ponds and that they had asked Aquatic Systems, our contracted pond caretakers, to eliminate the invasive hyacinth on pond #5. APM also stated that an alligator had been observed in pond #7 and that FWC had been contacted.

An associaiton member stated that the absence of ducks in a pond, when they had been previously present, may be an indicator that alligators are now inhabiting that pond.

~7:30 p.m. - The meeting was adjouned by unanimous vote.

(08.02.07)

___________________

Highlights of the June 19, 2007

Board of Directors Meeting

The June 19, 2007 BOD meeting was called to order at 7:00 p.m. and the Pledge was recited.

Board members present were: Pat Kerr, President; Dave York, Vice President; Marcia Johns, Secretary. Approximently 25 members of the community were also present, as well as the assigned representative from APM.

The Minutes of the March 20th meeting were read and unanimously approved by the board.

ARC - A board member related 26 items approved, as well as fences and painting. The current ARC person made a note for the board regarding color choices for the community.

Garden Group - none

Gazette - at printers

Audit (Financial Review is a better term) - none

Treasurer's Report - At the request of the previous Treasurer, the actual amounts are omitted from these notes. A board member stated that there are several Association members who are either overdue for part or all of the annual dues for 2007. The board unanimously approved the Treasurer's Report.

7:13 p.m. - Another board member joined the meeting; David Diamond.

"Lake Letter" - A board member related the fact that the entire stormwater drainage system for Sunset Lakes/Island Estates is now the responsibility of the association. This letter from the Association attorney was sent to all members. If you didn't receive one please notify APM immediately.

Brevard County Sheriff's Office (BSO) - A board member stated that the requirements for Sheriff's patrol, such as striping and street signs, etc., are complete and routine patrols will start in the community. (This is a commendable accomplishment, as now we will receive the services that we already pay for through our tax monies.)

Gazebos - A board member stated that 1 picnic table has been replaced in the main park and another has been placed at the Limerick gazebo.

Due Process Committee - A board member announced the three volunteers for the committee are: Nick Scalera, Pete Checklic and George Hawkins. A board member stated that this committee will become involved in failure to comply with the SL Covenants and Restrictions after three violation letters have been sent. (This is one of the items that we should have had since 2001. It may be better known as a "Fines Committee". This committee should collaborate to generate a charter (to outline their specific purpose and the process that they will follow), as well as set fine amounts for various infractions of our Covenants & Restrictions.

Once this committee's charter is accepted by the board of directors, the committee should hold hearings for those members who may have not complied with the Association Covenants & Restrictions and recommend action to the board of directors. Without this key component, there is no way to inforce our rules, thus we are failing to provide the "Deed Restricted" community our members are legally due.)

New Business

July 4th Parade - A board member announced the annual parade will again be held with all participants meeting at 9 a.m. (9:15 a.m. is noted to be on the sign at the SL main entrance) in the main park.

Volunteers to assist may contact APM for info.

Fishing Tourney - A board member stated a fishing tournament for children will be held around Labor Day.

2006 - 2007 Financial Review - The board has asked APM to have Advanced Tax Service (stated to have no connection with Advanced Property Management) to review the Association financial records from November 2006 to May 15, 2007. A board member stated this was desired by the current board prior to officer turnover to the next board. (Always a smart idea for any organization that turns over the majority of officers and standard practice when a Treasurer leaves office.)

ABC Concrete - The planter on the south side of the SL entrance that has been disturbed numerous times by errant vehicles is set for removal. The cost is estimated at $340.

Sprinkler Repair - A board member stated IE has a common area sprinkler item that persists. A board member stated the north side of the IE sign is not lit at night. APM stated they would look into this issue.

Late Financial Reports - A board member asked APM again to please send all board members the monthly financial reports at least one week in advance of board meetings. A board members stated the current report was sent to the board only hours before this meeting and APM called just prior to the meeting to state those figures may not be correct. The board requested accurate financial reports be provided to the board members by the 10th of each month. APM agreed to do so and also stated they were still trying to get the requested Financial Review for November 2006 to May 15, 2007 completed.

Resignation - A board member read a letter of resignation by the Board Treasurer, Mr. Matt Ryan. The Treasurer stated the reason for his resignation from the board was failure of APM to provide adequate and timely financial information to the SL board of directors. The board voted to accept the resignation.

New Board Member Volunteers - A board member asked the four volunteers for the 2007-2008 board of directors to rise and state their names. They were as follows: Mr. L. Tibbitts, Mr. E. Schaffer, Mr. Chris Gerace and Ms. Gina MacDonald. One 2006-2007 board member (Mr. york) wishes to remain on the board. Another board member stated they would assist the new board if needed. This officer turnover will occur when the Financial Review (see above) is completed satisfactorily. A meeting will be called for this event.

Gate Maintenance Company - A board member stated that Automotive Access (AA), the gate maintenance company utilized to repair the gates for years, resigned from SL service due to not being paid for the last bill by APM. The codes that the company used to work on the gates are considered proprietary by AA. Two other companies are trying to find the maufacturer's information to override these codes so the gates may be reparied by other services. APM stated they didn't fix the gates and therefore were not entitled to being paid.

OLD BUSINESS

Hyacynth Infestation - There continues to be infestation in detention pond #5 with hyacynth (an invasive exotic aquatic that may clog our stormwater system, causing flooding and cost the community substantial amounts to have removed) and is being repeatedly sprayed by the pond service. Since all ponds are connected and #5 receives water only from pond #7, there is question as to how this invasive plant was introduced to pond #5, since pond #7 is without evidence of infestation.

Dry Retention Pond - A board member wanted the dry retention pond behind his house in IE to be mowed on a regular schedule. The board declined as this was not included in the current landscaping contract. It had been mowed once, but ponds are not included in the regular lawn landscaping maintenance service. (Dry retention ponds are not routinely included in lawn maintenance. These areas are for overflow surface water and considered ponds, although at some times during the year they contain water and at other times they are dry.)

7:48 p.m. - With no further adgena items, the board meeting was adjourned by unanimous vote.

MEMBER COMMENTS

A community member would like to have the broken sidewalk on Limerick repaired and offered to assist with such repair.

A community member wants the ditch behind his house cleaned. APM was asked to look into this. (This is the ditch that runs south to north on the east side of Sunward Drive in SL. When the first phase of homes was built in this development, this was used to drain stormwater from the streets first built.

When the next phase of building was started in this PUD, the interconnecting detention ponds were constructed and piping for stormwater runoff was changed from this ditch to the pond system we have today. The ditch initially drained water into a low area on the neighboring vacant property to the north of our community.

Once the SL pond stormwater system was operational, the ditch was no longer used to drain street stormwater. Recently the property north of SL where the ditch previous drained has been sold and is being developed to accomodate another housing community. The water previously draining into that property is not allowed to drain there any longer. The cement apron at the outlet of the ditch on the north end is said to be crumbling.

The ditch itself (property) actually belongs to the homeowners who live along it and their property ownership also extends to the other side of the ditch (east side) to their property line, where some have landscaped with plants, foot bridges, etc. The water in this ditch now has no where to flow and remains stagnant. The HOA had this ditch cleaned once recently at a cost of five thousand dollars.)

A community member congratulated the current board for all their hard work for the members and welcomed the new board members. He also asked if mulch was intended to be replaced in the walkways to the bridges to the main park, as there was steady traffic there every day.

This member also asked that the pond maintenance firm be again directed to remove the invastive Brazillian Pepper plants that have continued to infest the margins of the community with particular intensity in the main park. He noted that these exotic invasive species are known to crowd out all indiginous plants as well as those cypress and grasses that were planted to stabilize soil around the park. The member noted that the Association pays the pond maintenance firm for this service in the littoral areas (natural areas at the water's edge, such as around the main park), but this work is not being done. The board directed APM to advise the pond maintenance service to fulfill its contract and remove these invasive species.

A community member thanked the board for two terms of good work...applause followed.

A board member stated that the reason he had resigned from the position of Treasurer earlier than the end of the term included (in addition to the lack of compliance with board requests by APM for financial reports and other information), the action by APM to remove Association reserves from the Colonial Bank in Merritt Island to a bank in Arizona without the consent of the Association board of directors.

APM stated that there may be increased FDIC insurance available in the Arizona bank. Board members agreed that the reserves of the Association should remain in Florida and asked APM to arrange that and also asked APM to bring the board further information regarding FIDC insurance.

The board meeting was adjorned by unanimous vote.

(06.25.07

___________

Highlights of the March 20, 2007

Board of Directors Meeting

The March BOD meeting was called to order at 7:00 p.m. and the Pledge was recited.

Board members present were: Pat Kerr, President; Dave York, Vice President; Marcia Johns, Secretary; Matt Ryan, Treasurer. Twelve members of the community were also present. The assigned representative from APM was also present.

The minutes of the 2007 Budget Meeting and January Board meeting were read and approved by unanimous vote.

ARC Report - None

Audit (Financial Review) Committee - None

Garden Group - Flowers were replaced at the front gate of SL.

Gazette - A newsletter is planned to be sent within the next week.

Treasurer's Report - A member read the Treasurer's report. It was noted that seventeen homeowners in the association stated they did not receive invoices for the 2007 annual dues. (Some associations send dues invoices by certified mail with signed return receipt required. Our Bylaws originally included this requirement, but we voted to remove that item in 2001. This was done to save thousands of dollars in mailing fees, which has been to the benefit of the association since that time.) One forclosure was reported due to non-payment of dues. The Treasurer's Report was unanimously approved by the board.

OLD BUSINESS

Previous leins and forclosures were discussed, as well as issues with landscaping, weed control and sprinkler repair. Sprinklers were cited as a major issue throughout the community.

A member related that the association had paid a firm to clean the drainage ditch on the east side of Sunward Drive. It was suggested that the firm with whom the association contracts to provide stormwater detention pond service, may be having issues with management changes. It was hoped this would not continue to interfere with their previously excellent work.

A member related that the building permits for the gazebo replacement on Limerick have been received and stated that the work may soon begin.

A member stated there has been increased reports of vandalism in the community. An off-duty Sheriff will patrol the community more often. The cost of this service is ~ $120 for 4 hours. (The service of an off-duty officer is often utilized by private neighborhoods to increase security. One of our community members (a police officer) performed this service for the association in 2001, but due to the need to conserve funds, this service was discontinued. We are glad we are able to afford this service again, and are looking forward to the assistance of the Sheriff's Department's regular patroling the community after standard requirements, such as signage, street stripes, etc., are met.) The board voted unanimously to remove one specific palm tree inside the rear gate of SL that was reported to interfere with the line of vision for traffic in that area. A cap of $2000 was also approved by the board for stripeand crosswalk painting on the roads.

A member stated that volunteers were greatly needed to assist with community functions such as the "Easter Bunny", etc. A chair and committee for this specific activity was needed in order to hold this event for the neighborhood children this year.

A board member stated that a "Due Process Committee" (Commonly known as a "Fines Committee", is an element every deed-restricted community must have in order to enforce the Covenants and Restrictions. This group defines the process (with board approval) that is required in order to levy fines for non-compliance of the C&Rs. The Florida Statutes require this committee if fines are to be levied to enforce community rules.) was needed in order to maintain the rules of the community. Complaints regarding the non-compliance of the Covenants and Restrictions cannot be addressed without this element. Volunteers are needed for this committee.

A board member stated the landscaping company has complained that an excess of dog droppings, left in the main park and other common areas, have interfered with their equipment. They request all members who walk dogs in common areas act responsibly and pick up after their pets. (Our children play in the parks and common areas, as well. Please remind neighbors who forget their manners!!)

NEW BUSINESS

The board stated that the 2007 General Meeting and Board Member Election was not able to be held due to lack of participation by association members. They request that the association members volunteer to assist in the work of the community, as the current board members would appreciate relief assistance.

The board voted unanimously to hold quarterly board meetings, rather than monthly board meetings, until further notice. If an issue that requires a meeting arises, proper notice will be posted.

The board also reported that Covenant Drives (Inspection drives through the community to note any non-compliance of the rules of the community) will continue and notices will be sent to those who do not comply with the restrictions of the community.

7:50 p.m. - The board voted unanimously to adjourn the meeting.

MEMBER COMMENTS

A member suggested that the lack of member participation may reflect community satisfaction with the current board.

A member suggested that the lack of member participation may reflect communiity dissatisfaction with the current board.

A member stated that one board member was often not present at meetings.

Three members volunteered for various items.

A member suggested that if the drainage ditch along the east side of Sunward Drive was considered "functioning", it may be necessary to unplug the blockage of overgrowth at the north end where it is supposed to drain.

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THE ANNUAL MEMBERSHIP MEETING SCHEDULED FEBRUARY 28, 2007 WHICH WAS TO INCLUDE A VOTE FOR 2007 BOARD AND ARC MEMBERS, WAS NOT HELD DUE TO A LACK OF QUORUM.

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Highlights of the January 16, 2007

Board of Directors Meeting

The January BOD meeting was called to order at 7:05 p.m. and the Pledge was recited.

Board members present were: Pat Kerr, President; Dave York, Vice President; Marcia Johns, Secretary; Matt Ryan, Treasurer. Nine members of the community were also present.

The minutes of the November BOD meeting were read. It was noted that there were 9 homeowners who had not paid their association dues for 2006 and these were at the attorney's at this time. There have also been 2 foreclosures for nonpayment of association dues. The membership was asked to contact a board member or APM if arrangements needed to be made regarding association dues.

The November 2006 minutes were approved by unanimous vote with corrections.

ARC Report - None

Board member David Diamond joined the Board meeting at 7:12 p.m.

Garden Group Report - A member read the group's report and thanked members for volunteering to help on various past events.

Storm Water Management System Report - None

The Treasurer's Report was read and adequate funds were reported in the association accounts . (The board has requested that actual balances be ommitted from these notes. For those, please contact APM or the Treasurer.) 26 members continue to owe some monies for association dues. There are 8 leins for nonpayment of association dues in progress at this time. It was noted that associated attorney fees required to collect these delinquent dues will also be added to the amount due.

A motion to approve the Treasurer's Report was made, seconded and unanimously passed.

A motion was made to authorize the Association attorney to proceed with foreclosure on one member in writing by three board members. This motion was passed unanimously.

OLD BUSINESS

The effort by the association to obtain Sheriff Department patroling was discussed. The Department has sent a list of requirements including types of signs (stop, speed limit, etc.) and where they should be placed. This welcome support will include Island Estates, as well as Sunset Lakes.

A motion was made to approve the required costs for this improvement and if the amount was above $7,000, another Board vote would be required to approve it. Discussion: One board member objected to slow speeds and allowing police to patrol the community. The motion was passed 4:1 (Diamond nay).

ANNUAL FINANCIAL REVEIW REPORT - The annual 2006-2007 review of association finances results were read to the members. Essentially, it stated that no items were out of comformity and the association apearrs to have Reserves up to date.

A board member stated that a 3 1/2 hour Covenant survey through the community demonstrated more compliance with the Covenants & Restrictions of our community. The need for a "Due Process Committee" (formerly called a "Fines Committee") was stated and it was recommended that the next elected BOD make that a priority.

MANAGER'S REPORT - The front gates to SL and IE phone directories have been updated, per the APM represetative. The board was also asked to resend letters to the members who have not paid 2006 dues.

NEW BUSINESS

A board member stated that the board receives no preferential treatment regarding the Covenants & Restrictions of the association. All those who violate those rules receive letters requesting compliance.

A board member states that Bob's Landscaping Company is not performing to the board's desired standards. A motion was made to release Bob's Landscaping via the contractual 30 day notice and hire Commercial Mowers (who currently care for the IE section of SLHOA). It was seconded and passed by a 4:1 vote (Diamond nay).

A board member wanted the dry retention pond behind his house regularly mowed. Another board member stated that the dry retention pond had been mowed once per his request, but that dry retention ponds are not mowed regularly.

Board discussion regarding the fact that the property on the east side of the drainage ditch next to Sunward Drive (running N & S) related that this property is the private property of the those proximal homeowners. The board stated that Aquatic Systems (our Pond Service) will spray those ponds only 1/3 miles on either side of Sunset Lakes Drive.

A board member stated that the pest control with the current vendor, Chem Green, was not optimal and has bids from other companies. Black's Spray Service has provided the best bid and a motion was made to replace the current vendor with Black's. This motion was carried unanimously by the board.

A board member requested that all parents supervise their children to reduce vandalism to association property as well as possible injury to the children.

A board member stated that it was necessary to hire a sprinkler firm to handle the systems on at least 2 areas of the community. One of the three bids was chosen and a motion to hire Dave Pena was passed unanimously.

Aquatic Systems includes with their service contract, stocking lakes with sterile carp to reduce the need for heavy chemicals that prevent algae overgrowth. A motion was made and unanimously passed to request this fish stocking service.

A board member suggested that a "Mobile Irrigation Lab" give a presentation to the association, depending on the cost of such service. The member also suggested requesting a reduction of excess gray water usage may be appropriate for the newsletter. Another board member requested APM to write a letter to this effect for the newsletter.

A board member noted that February 28th is the scheduled day for the 2007 Annual Membership Meeting at the Moose Hall on Courtenay Parkway. It was noted that a quorum of the membership (30% per State Statutes) is required to hold such a meeting.

The board asked APM to send out several items to the membership this week; the Designated Voter form with instructions, Candidate request form, proxies and ballots. It was also noted that along with the 5 Board of Director members needed were 5 members of the Architechural Review Committee, as well as 3 members for the Due Process Committee. The board asked APM to have this information sent to the membership four weeks ahead of the meeting, per association ByLaws.

A board member stated the 2007 annual dues were due on February 9, 2007 and that the members will receive only one invoice, but may pay in two payments if they wish.

The board adjourned the board meeting at 7:59 p.m. by nanimous vote.

MEMBER COMMENTS

A community member asked that volunteers may be able to install the signs required by the Sheriff's Department. It was noted that there are not enough volunteers to do extra work at this time.

A community member asks that the board direct the lawn service not to blow clippings into the ponds.

A community member asked if "No Parking" signs were being considered.

The board stated they may be needed and there also needs to be education for the community when these signs are in place.

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Highlights of the January 16, 2006

Budget Meeting

As we always note, these are not "official board approved minutes" and those may be accessed through the APM website. A simple high sensitivity tape recorder (per Florida State Statutes) is used at intervals for these unofficial notes to maintain continuity and accuracy. In addition, for the more recent meeting notes, the votes by the board are underlined to assist the members in finding actions taken by the board in these notes.

The 2007 Budget meeting was called to order at 7:00 p.m. and the Pledge was recited.

Board members present were: Pat Kerr, President; Dave York, Vice President; Marcia Johns, Secretary; Matt Ryan, Treasurer.

The Treasurer provided a review of the Budget that had been mailed to all members. Among the items of note were the management company fees increasing by 10%, legal fees increased due to multiple community issues.

A member asked that the board define "we" in their communication.

The board stated that "we" meant the association as a whole.

A motion was made for an individual verbal vote to approve the 2007 Budget for the community. It was passed unanimously.

The 2007 Budget meeting was adjourned by unanimous vote.

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No SLHOA Board meetings were held in December 2006

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Highlights of the November 21, 2006

Board of Directors Meeting

The November meeting was called to order at ~ 7:00 p.m. and Pledge was recited.

Board members present at the meeting included Pat Kerr, Dave York, Marcia Johns, Matt Ryan, and APM representative Kathy.

Secretary's Report of the October 17, 2006 Minutes was read, corrected and approved by a unanimouos board vote.

ARC Report - None

Audit (Financial Review) Report - None

Garden Group - A community member described several projects they have been working on, as well as some planned. The continued need for volunteers was voiced.

Newsletter ( Gazette) - None

Welcoming Committee Report - None

Treasurer's Report - A board member stated that the majority of members are paying their association dues and this is the main reason there are funds in the accounts. However, there are a several homes in the process of lien/foreclosure for non-payment and these are in the hands of the attorney. The board regrets this situation, states they cannot intervene when the attorney has the items, but notes if the members will contact the association and "work out a payment system" prior to the "last request" by certified letter, they can avert such a dire situation.

Correction: The balance of the checking account is currently adequate to sustain our community appropriately...so all are urged to pay whatever dues they owe as soon as possible. Nearly all the former debt to the reserves has been replaced to date. A motion to accept the Treasurer's Report was made, seconded and passed unanimously.

Correction: A board member stated that the Sheriff's Department will not begin to make routine patrols of the community until the county has assessed that we have proper signage posted throughout the community. A board member suggested there be continued private patrols paid to patrol the community at ~ $120 per month. Other board members agreed.

Discussion of the $1,800 received from the insurance company of the individual who hit the gates in the past was noted.

A board member asked APM to check on the house for sale in IE that has built a gazebo on common property without association permission (illegally).

A board member states there is a resident in IE who has a boat parked, which is against the C&Rs of the association. After several attempts to request compliance with community rules, the boat owner is said to have implied he will not obey the C&Rs until all members in the community have complied with them.

The board discussed the need for a committee that would evaluate violations and assign monthly fines for continued violation. When the fines totaled $1,000, the association attorney would file suit in court for payment of such fines, plus legal fees. If, after payment of these fines, the member continued to violate the C&Rs, the fining process would begin again. (This item is included in the Florida State Statutes, Chapter 720)

A board member stated the gazebo on Limerick that was damaged during a 2004 hurricane and subsequently dismantled, may be replaced at a cost of ~$7,000. Another board member asked APM to check on the insurance needs of this additional structure. A motion, second and unanimous vote approved the expenditure of this monies, contingent on the information provided by APM regarding insurance. One board member stated she would like this item accomplished before the end of this board's term (February 2007).

A board member stated the MIEC has requested a donation for a Christmas Parade in December. A donation of $25 was approved by unanimous vote.

The 2007 Association Budget has still not been completed by APM. Due to the requirement of a 30 calendar day advanced mailing of the proposed 2007 budget to the members, as well as 30 day advanced notice of a budget voting meeting by the board to the members, APM was asked to expedite this item. The board stated the current assessments appeared to be appropriate for community needs at this time.

APM stated some associations do not meet in December. The board agreed to have the next (and apparently noticed budget meeting) in January by unanimous vote.

A board member reminded the members that those who wish to run for the BOD positions may contact a board member or APM. None of the board members stated they currently wished to run for a third term.

The board stated that there was no progress on the attorney's work regarding stormwater issues, however a line item was needed in the 2007 budget for stormwater system maintenance.

The board unanimously voted to adjourn this meeting 8:15 p.m.

Members Comments

A member wished to have the names of those interested in 2007 board positions posted on the association website and in the newsletter. This member also asked that the fact that the association was at this time "in the black" financially, be printed in the newsletter. The board agreed.

A member asked if there were two (2) homes in actual foreclosure due to non-payment of association dues. The board stated that was correct.

A member asked what could be done about graffitti by vandals in the community and asked if posting a reward for "information" may be considered. The board stated that the officer patrol may help the vandalism which often occurs at night and declined the suggestion to pay "informants".

A member asked if there was any progres on the current "lakes/sinkhole situation". The board stated there was none.

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Highlights of the October 17, 2006

Board of Directors Meeting

The October meeting was called to order at ~ 7:00 p.m. and Pledge was recited.

Board members present included Pat Kerr, Dave York, Marcia Johns, Matt Ryan, and our APM representative Kathy. Van Moore of APM joined the board during the meeting.

Secretary's Report - A member read the minutes from the September 19th meeting and they were corrected: change "Audit" to "Review", the BOD had asked for a budget from APM to be ready at this meeting, and tree trimming of palms had been done by Bob's Complete Landscaping. These minutes as corrected, were passed unanimously by the board.

ARC Report - None

Audit (Financial Review) Report - None

Garden Group Report - Community Bar-B-Que planning for November 4th continues. Families are to bring dishes. There will be games and prizes. Volunteers aree needed.

Newsletter (Gazette) Report - Still at printers at this time.

Welcoming Committee Report - None

Treasurer's Report - Balance in checking account - (call Treasurer or APM), Balance in Reserve account - (call Treasurer or APM). At this time 10 residents are sustaining liens for non-payment of assessments through the association attorney. A board member asked that anyone who has difficulty with assessments please call APM or a board member to discuss a payment plan. The Treasurer's report was unanimously approved by the board of directors.

A board member formally requested APM (Van Moore) supply the Association with monthly financial statements on the 2nd Tuesday of each month. Mr. Moore agreed to do so.

A board member announced the Sheriff's contract to patrol the HOA has been approved. The Sheriff's Department now will need to evaluate signs, etc. prior to beginning patrol.

A discussion was held regarding an accident that had occurred on the property and the promptness of the resolution of this issue. APM states they have not had time in their schedule to complete this item.

The board again requested a 2007 Budget from APM and were assured one was forthcoming.

The new Insurance Policy for the Association has increased by $200.

APM discussed the remaining expenses of a legal issue regarding a former 2004 HOA President, Mr. J. Lawrence. It was reveiwed that Mr. Lawrence sent out a large mass mailing to the SL membership without an affirmative BOD vote and demanded reimbursement from the HOA for the materials and postage. During this period, Sentry Management Company was employed by the HOA, and they evidently paid this demand, despite a board vote to deny such payment.

The BOD was also advised to lien the property to regain the funds that were paid against a board vote. In doing so, the acting Title Company was forced to pay the lien during the sale of the residence. Thereafter, the Title Company has filed suit against the HOA for "Slander of Title" and demanded refund of the monies and legal costs.

(It may be noted that subsequent to these events and others, Mr. Lawrence was removed from the position of President in a unanimous vote of "no confidence" by the 2004 SL Board of Directors, Sentry Management Company was replaced by APM, and in 2005 the previous HOA attorney was replaced by Mr. McCullough, Esq.)

The board discussed advice from the current HOA attorney regarding the need to acknowledge and pay these amounts, as the lien itself was in fact not legal for such purpose and could only have been levied for lack of assessment payments. The board members agreed on this course of action and APM was informed and requested to manage this issue promptly.

Landscaping isssues were discussed regarding Bob's Landscaping and John's Commercial Mowers.

The drainage canal along the eastern section of SL was discussed regarding clogging with pepper trees and other weeds. It was noted this is private property and not common property. With new development on the north eastern side of the community being underway, there will no longer be the natural flow of swale drainage into that area.

Aquatic Systems wishes a renewal of their contract with SLHOA. The Board unanimously approved such renewal.

An auto accident on Limerick and Waterford was discussed which involved a fire hydrant. Apparently, the individual who caused the accident will pay for the replacement hydrant.

APM wishes to reduce the Covenant Drives through SLHOA to once a month rather than once a week, as was in the previous contract. A board member states that board members do frequent drives as well.

A board member pointed out there are some areas of common grounds that are not covered under the current pest control contract. Another board member states they prefer Black's Spray Service, so that will be investigated.

A resident in IE requested the gates be left open for a party they are scheduling. The board states the gates will not be left open at night, but may be opened for a short period during the day for this reason. The resident must coordinate through APM.

Stormwater Drainage Issues - No progress at this time

2007 Budget meeting notices must be sent out 30 days in advance to the members. The board directed APM to supply the budget for the board to review suffucuently prior to the date it must be sent to the membership. APM acknowledged this directive.

A board member stated the membership was in general far better paying assessments this year, than last.

The meeting was adjourned by unanimous vote at this time (~8:15 p.m.)

Members Comments

A member asked if the association bank accounts were receiving interest; The board stated they were. They were also asked if the palms that were cut included those lining Waterford and the board stated that was so. This member also commemted that the 2004 BOD specifically voted against reimbursing Mr. J. Lawrence for his previouusly mentioned mass mailing and had done so by email vote.

A board member stated the vehicle that hit the hydrant left tiremarks that led to the driver's residence, so the authorities were easily able to identify the individual.

A member stated that there were screen porches being constructed in the front of homes, which he felt were in violation of the C&Rs. He also stated there were boats parked in yards, sheds being built and other things that were in violation of the current C&Rs. He asked the board to enforce the current C&Rs. The Board stated that the ARC had approved the screen room in question and items that were done without approval of the ARC and in violation of the C&Rs were being reviewed by the attorney.

A board member stated that patience and cooporation were needed, as many of the issues the community currently faced had not occurred in a short period of time and likewise may not be resolved in a short peroiod of time. The President asked that all volunteer to do a part in supporting the community and that all members abide by the current C&Rs.

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Highlights of the September 19, 2006

Board of Directors Meeting

Unavailable here due to technical difficulties.

Please check with APM for those.

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Highlights of the August 23, 2006

Board of Directors Meeting

The August meeting was called to order at ~ 7:00 p.m. and Pledge was recited.

Board members present included Pat Kerr, President; Marcia Johns, Secretary; Matt Ryan, Treasurer; and Dave York, Vice President. Absent board member - David Diamond. An APM representative was also present at this meeting.

Minutes of two previous meetings were read. Both were corrected and a motion to approve these minutes was made; a second followed and these minutes were approved by unanimous vote.

ARC Report - None.

Garden Group Report - Flowers were planted at the entrances to both SL & IE entrances. Due to lack of water, the IE flowers died. A 14" X 30" pot was broken at the SL entrance.

Gazette (Newsletter) Report - None

Treasurer's Report - The July 1, 2006 checking balance of the association is $XXX and the reserve balance is $XXX (The actual dollar figures are omitted due to a request by a board member at this meeting. While our non-profit association's financial data are public record, open for any citizen to review and certainly not proprietary, at this time this website will grant such request and subsequent actual figures in these minutes will be "XXX" until further notice. Please call APM or the current Association Treasurer if you wish to obtain these figures.). It is further reported that 309 residents are current with all assessments, 137 owe < $300 and 23 owe >$300. In addition, members > $600 in arrears have received demand letters from the Association attorney and four leins have been "signed" this month. The Treasurer asked that all members in arrears please send the amount they owe to APM. A motion was made to accept the Treasurer's report by one board member and seconded by another with the board voting unanimously to accept this report.

A board member requested that the association account balances be omitted from this website. (see above Treasurer's report)

A board member states starting October 6th the County Sherff's Department may be monitoring the SL/IE community as part of their regular route. There will also be extra observation for 4 hours each month at night by an officer paid by the association.

OLD BUSINESS

Lakes - A board member stated that this is a "big and expensive issue" for the community. During this last month, the association has discussed this issue with those regulating agencies involved. A board member stated that it will be necessary to designate a Reserve Fund specifically for the maintenance of the stormwater system and that this needs to be included in the 2007 year's budget.

Re: the 2nd item under NEW BUSINESS at the July 19, 2006 BOD meeting, the board asked APM for the results of their previous query. APM said yes, but didn't know how. APM was asked to bring this information including a copy of a bond to the next meeting of the board.

A board member asked for the status of the invoice of the $1,800 damage that had been done to the SL main gate. APM states they sent invoice to responsible party, but was not sure if it was sent by certified mail. This board member asked APM to send the invoice by certified mail promptly.

A board member stated there needs to be a replacement for the two broken planters for the SL entrance area. A board member stated she would research this on the internet.

A board member stated that there are several violations that continue to occur throughout the community despite requests by the association to comply with the Covenants & Restrictions of this deed-restricted neighborhood. Some members violating the C&Rs and others supporting this practice, have sent very harsh emails and have made rude phone calls to board members. The board agreed that the C&Rs will be inforced for all members without exception.

A board member stated the "yelp" will be activated at all gates in the community to allow access for fire, rescue and police.

A board member stated a residence on Bantry Court is not in compliance with the C&Rs regarding external maintenance. This issue may be sent to the attorney for action.

A board member stated there was a need for a "Due Process" committee for the community. This committee may "hear" issues as directed by the board and set fines for non-compliance with the C&Rs of the community. (This process is common practice by deed-restricted communities and is noted in the Florida State Statutes. In some associations it is called the "Fines Committee" and sets fines for certain violations, as well as hears the resident's reason for the apparent infraction. This committee then recommends to the board what they determine is the best course to take). This committee would be appointed by the board and continue at the pleasure of the board.

A board member stated he had received a bid for $25 to "clean" palm trees within the community.

NEW BUSINESS

A board member stated a piglet had been removed from the SL property.

Picnic - There is a need for a Chair and volunteers for a planned community picnic. A board member stated he would ask the person who did this last year to do it again this year.

Budget for 2007 - A board member advised APM that a preliminary budget was required for the September (next regular board) meeting. The finalized version must be mailed out to the membership by October 2006. APM acknowledged this request.

A member noted that the "Fire Department" assessment for the SL/IE properties was $560.00.

7:46 p.m. - A motion was made to adjourne, seconded, and unanimously approved.

MEMBER COMMENT

An association member stated she felt the board was "wasting money with (violation) letters" and stated she didn't know she had chinch bugs. This member also said she worked for the current County Commissioner and wanted the board to know that she had received calls with "so much fussing and griping" from North Merritt Island residents.

A member suggested a "No U Turn" sign on SR3 at the SL main entrance.

A member suggested a street "bump" at the SL main entrance.

A member suggested that the board did not have to tolerate harsh emails and may consider blocking the offending addresses. (In our opinion, a copy of the email should be made for the file and noted with the date of that block. Rude phone calls may also be blocked. We appreciate a board of directors that collaborates and cooporates together and enforces the C&Rs of our deed-restricted neighborhood. They are all volunteers and are not expected to tolerate abuse while serving the community.)

A member asked if the board had received notice that the SJWRMD had released the developer from the obligations of the SW permit for SL and passed those obligations on to the HOA. The board members agreed that there was apparently no "notice" to the HOA required by this permitting agency and that the permit may or may not have been "turned over" to the HOA at this time.

A member stated he would see if she could have a "No U Turn" sign installed for the community through the current county commissioner's office and the DOT. A board member asked if a stoplight may be installed at this intersection, as well.

No more questions were posed.

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Highlights of the July 18, 2006

Board of Directors Meeting

The July meeting was called to order at ~ 7:35 p.m. and Pledge was recited.

Board members present included the President, Patricia Kerr; the Vice President, David York; the Secretary, Marcia Johns; the Treasurer, Matt Ryan; Director David Diamond and an APM Representative. There were approximently 12 community members in attendance.

Minutes of the April board meeting were read by the Secretary; a motion to accept the corrected minutes was made by one board member, and seconded by another. No vote was taken.

ARC Report - A board member read that fences, pool shutters and skylights were approved by the committee.

Audit Report - None.

Garden Group - A community member stated that 3 ficus trees and another plant were planted in a Limerick park. The desire for a picnic table in this area was expressed.

Newsletter Report - The previous editor of the newsletter is no longer able to volunteer for this service and a new person who wants to be the editor of the paper does not have the Microsoft Publisher program used for the newsletter. The format of future newsletters may subsequently be different.

A Board member stated that the last newsletter was well done.

SJRWMD Report - None (see "Lakes" below).

Welcome Report - None.

Treasurer's Report - A board member states the June 1, 2006 checking balance of the association is $XXX and the reserve balance is $XXX (The actual dollar figures are omitted due to a request by a board member on August 22, 2006. While this non-propfit association's financial data are public record, open for any citizen and not proprietary, at this time this website will grant such request and subsequent actual figures in these minutes will be "XXX" until further notice. Please call APM or the current Association Treasurer if you wish to obtain these figures.). He further reports that 209 residents are current with all assessments, 231 owe < $300 and 29 owe >$300. In addition, members > $600 in arrears have received demand letters from the Association attorney. The Treasurer asked that all members in arrears please send payment to APM. A motion was made to accept the Treasurers Report by one board member and seconded by another.

A board member stated that APM had been asked to have the Association funds deposited in designated accounts rather than all deposited in one account and that this had been requested to be done by July 18, 2006. Evidently, this has still not been done. The APM representative stated it would be done "tomorrow". A board member stated that all association funds are accounted for and a meeting may be held with the Association President and APM regarding this issue.

A board member stated that Bob's Landscaping Service was tending the SL area and Commercial Mowers was tending to IE's landscaping needs.

A board member proposed to clean out the berm area in IE by Commercial Mowers - estimated cost of $1,224. Motion made by board member to approve, second by another with unanimous vote to approve.

A board member c/o dry retention pond in IE requiring cleaning. Commercial Mowers estimated the cost to be ~ $1,000. A board member motioned , with another member second, and a motion was passed unanimously to approve this expenditure.

A board member states that Bob's Landscaping will trim palm trees at $10/tree. Another board member asks if budget allows this expense? Discussion ensued and the cost was limited to $2,500 for this service. Motion made by board member, second made and a unanimous vote passed this motion.

A board member states that the 3 old pine trees near the SL entrance need to be removed and had obtained an estimate from Royalty Tree Service at $695 plus $75 for removal a dead palmetto palm located at corner of Sierra and Sunward. Motion to approve made with second and unanimous vote by board followed.

A board member states the tennis courts need posts and other item replacements. Two community members have been working to do maintenance on the courts, but several items need replacing. Estimate of $1,290 for repairs and supplies was given. A board member motioned to approve this expenditure, second was made and a unanimous vote approved this repair.

A board member discusses the sprinkler system throughout the community. Florida Sprinkler System has repaired all lines and now heads need to be replaced. One area in IE needs electrical work and one area in Main Park is also in need of repair. The 2 gazebo areas without sprinkler systems need work, as well. Two firms to do this work were compared and the board chose one at ~ $3,500. A motion to approve was made with a second to follow and the board voted unanimously carried this item.

A board member asked why the light for "T" in the IE sign was not functioning. Another board member stated it was being worked on. APM stated they would look into it.

"Lakes" - A board member stated that the area on Killarney behind a member's home is still "sinking" and that more pictures have been sent to our attorney regarding this issue. The retention pond at Limerick & Limerick (pond #6? ) was said to be "the worst" regarding the steep slope and landscapers were concern about their equipment when working in this area. A board member stated that the Association attorney was working with SJRWMD and no other communication to this permitting authority should be initiated from any Association members. In terms of the "permits" being "turned over", board members and APM agreed that the Association has received no formal notification from SJRWMD to that effect, as yet.

A board member stated he didn't understand the issue of permits.

A board member asked that APM request from the attorney, the current status of the situation and that no other board member contact SJRWMD.

Contract with BSO - Two elements are discussed. One is permission/request for BSO to enter SL/IE and enforce speed limits, as well as make presence known to deter illegal behavior. This element is free.

The second is for 4 night hours a week, on random days for an off-duty officer to patrol the community. This element costs $25 per hour and $25 management fee to be paid to the BSO by the Association. (This is the action that was taken by this developer during buildout [and is common practice for builders/developers] during contruction time. The off-duty officer lived within the community at that time and the contract was a private one with him. The price per hour was the same, but there was no management fee. The first community members' BOD wanted to continue the service initiated by the developer, but there was a shortage of funds after turnover [the developer's subsidizing the costs of the community had ceased, and the annual assessments from the members at $250 each, was not sufficient to cover community expenses], so it could not be done at that time.)

A board member related the successful community social events that had been held in the past and reminded al of the scheduled mid-October Picnic this year. He asked for volunteers to please help with this event. Please contact a board member to volunteer.

A board member reported that the three replacement "bubbles" had been installed in the Main Park playground equipment and thanked the volunteers who helped.

A board member stated the expenses resulting from an auto accident that damaged association property had been passed to the person responsible. A light at the entrance had been reparied by volunteers.

NEW BUSINESS

The APM representative stated she wished to warn members that she would reduce her driving speed on community roads if followed too closely.

A board member stated a pool contractor damaged common property while installing a member's pool. It was suggested by another member to ask the Association attorney regarding the possibility of requiring a bond from members wishing to construct pools, etc., in conjunction with to ARC approval, which may then cover the expense of inadvertant damage to Association property during construction.

8:36 p.m. A motion was made to adjourne, with a second - voted unanimously in favor.

MEMBER COMMENTS

A member asked that Bob's Landscaping be advised to blow cuttings away from ponds.

A community member stated that the same people attended meetings each month and that the first couple of SL boards discussed "dues and assessments ad nauseum". Now this board is discussing "lakes (Storm Water Drainage System related issues) over and over".

Two board members stated that since the assessments had increased, financial issues are not as critical as in the past and attention may now be focused on other important concerns of the community. They explained that the current attorney was actively working this issue at this time.

The community member suggested that the attorney come to a meeting so the "we can see what he is doing".

A board member said that the attorney had come to a meeting and discussed this issue (at a special, properly noticed April 18, 2006 meeting held for that specific purpose) and asked if the gentleman had attended.

The community member stated he had not.

No further questions were posed.

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No Board Meeting was scheduled for June, 2006

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Highlights of the May 23, 2006

Board of Directors Meeting

The May meeting was called to order at 7 p.m. with the Pledge recited.

All board members were present except Marsha Johns. APM was represented by Kathy who recorded the meeting by audio tape.

Minutes were deferred until the next meeting.

ARC Report - 10 applications were submitted concerning painting, fences, pools, shutters and an unattached shed outbuilding. The board requested that all applications be given to a member of the ARC rather than to APM to facilitate action.

Audit Report - No Report

Garden - No Report

Welcome Report - No Report

Treasurer's Report - $138,737.09 - operating balance

$133,095.52 - reserve balance

It was reported that ~ 40 members were > $300 in arrears with assessments payments.

Treasurer's report was passed by unanimous vote of board.

A board member stated that they will "...sit down with Kathy..." regarding leins to be initiated for lack of assessment payment. It was stated that in addition to letters sent, phone messages had been left for residents in arrears with no response. Board members wished any members who were in need of assistance regarding the assessment payments please contact a member of the board and help will be offered.

Landscape vendors were discussed. Several businesses had been contacted and had presented various bids. One board member wished to accept the lowest bid. Other board members wished to gather more details and related they were comfortable with the broad range of services and performance of the current provider, "Bob's Landscaping". Further research was planned.

Retention pond service was discussed and there was some question regarding whether Aquatic Systems was under contract or not. A board member stated that the lakes were just "getting back under control" again.

A board member reminded all that the attorney stated there should be no changes regarding the stormwater drainage ponds at this time. It was also noted that there had been a large amount of supportive documentation of past occurrances given to the attorney regarding the stormwater drainage system and that he was still assessing those data.

Sprinkler system repairs were discussed at length. Four areas were determined to need immediate repair: a station timer in the main park, repairs at Starlite and Sierra, a control panel at IE and sprinklers on east and west Waterford. The individual/business hired to do this work was not clear. This amounted to a cost of ~ $3595.00. The board unanimously passed this action for sprinkler repair.

A board member disussed the pending contract with the Sherriff's Department regarding patroling SL for speeders, vandals, etc. There was also a suggestion to utilize an off duty police officer to patrol the community during late hours on an irregular schedule. A board member asked if the whole community should decide this. The board answer was no; that the board was responsible to make this decision for the safety of the community. The board passed by unanimous vote to complete contract with Sherriff's Department.

A board member expressed great need for volunteers from the community to help with association activities. In particular, there is a great need for those who have expertise and proficiency in specific areas. Volunteers were asked to call board members.

A board member related other actions and plans: signs had been placed in the park stating the park was closed at dusk, there had been an auto accident in the community, 2 street lights at the entrance of SL were in the process of being replaced and the association is in the process of purchasing security cameras for key areas in the community.

New Business

A board member states that Mr. Turner (ARC Chair) has passed on the wish of a resident to erect an outstanding storage shed in his backyard. (These are specifically not allowed per our Covenants & Restrictions in Sunset Lakes.) The board discussed the need to follow the bylaws as they are now written. A board member asked about enforcement of the bylaws regarding the illegal sheds that were up now. No vote was taken on this matter.

A brief discussion regarding bylaw changes was held and all agreed this was a good item to move forward, now that the budget was settled.

A unanimous vote to adjourn the meeting was held at 8:20 p.m.

Member Comments

A community member wants tennis nets replaced in the two tennis courts.

A community member noted that the current landscaping firm was currently recieving $1000 less than they charged two years ago and had separated the HOA into SL and IE for purposes of the contract initally. Since that time, the vendor had added several items to the service. The current increase in bid by this vendor was the first since 2002.

A member stated that Aquatic Systems had eradication of noxious plants at pond edges (in littoral areas) included in their contract with SLHOA and they could do so as they worked through the community - specifically regarding the eradication of invading Brazilian Pepper Plants.

A member reminded the board that community volunteers Mr. G. Kraft and Mr. W. Hillberg initally built and installed the trash containers in 2003 and collaborated with Western Waste to collect them.

A member asked how the "rehabilitation letter" sent on March 16, 2006 by the association attorney to all members was faring? Was there more compliance?

A member noted that it may be a mistake to attempt to reduce the affirmative voting % needed to change the bylaws of the association to less than 51%.

(05.24.06)

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Highlights of the April 18, 2006

Board of Directors Meeting

The meeting wasa called to order at 7:08 p.m. and Pledge was recited. All board members were present except David Diamond. APM was represented by Kathy who took minutes and audio recorded.

Minutes of the March meeting were read by the Secretary, minor corrections were made and these were accepted by unanimous vote.

Treasurer's report was given with a total of $145,497.16 in operating funds and $14,356.06 in reserve funds reported. This report was accepeted by the board unanimously.

A auto accident at Waterford and SUnset Lakes Drive was discussed.

ARC Report - Read by a committee member included painting screen room addition, pool and the removal of screening around a lanai.

Audit Report - No Report

Garden Report - Egg hunt was well done and pictures will be out in newsletter. Need for more flowers noted.

A board member noted the grey water has been temporairly turned off at the plant for repairs.

Gazette - No Report

A board member discussed a meeting with engineering and other officials regarding the Mr. Wittkopf's property concerns in terms of the stormwater drainage system.

A board member wished to have the globes on the playground equipment replaced. The vote was unanimous for these globes and a replacement slide was to be researched.

A board member discussed the sprinkler repairs and timers installed for $475 at the end of Sierra had been completed. The berm along the front of Island Estates still has sprinkler issues and those are being researched.

A board member noted the grass by the gazebos and in parks was very dry.

At 7:30 p.m., Mr. Neal McCullough, Esq., arrives. Mr. McCullough was introduced by the board to the members in attendance as the new HOA attorney. He related historical information and current situations regarding the stormwater drainage system of Sunset Lakes to the board and members present. He suggessted the SJRWMD permits for this system either were aleady moved from the developer to the HOA or would be shortly. He stated there had been "material alteration" to the system by the "seawalls" erected and the these "seawalls make it not in compliance..."

It was stated that the current seawall structures were the responsibility of the owners, but that the association may be liabel for injuries sustained as a result of them and may also be responsible for the maintenance of these structures because they were allowed to remain on common property (property belonging to the association).

A community member who had built a seawall on common property without permission from the HOA in mid 2003, expressed great anxiety and loudly disagreed with the attorney, the board and the information presented. After an active verbal exchange for several minutes, the community member left the meeting and the meeting returned to order.

A community member asked the attorney to review the severe erosion of the deeded property on lake #7 of Mr. & Mrs. Kube on Sunward Drive. He agreed and board members stated they could provide pictures, as well.

The attorney ended his presentation with a recommendation to allow no further building in ponds/common property and not to alter the stormwater system until legal ramifications can be ascertained.

The meeting was adjourned by unanmous vote at ~8:45 p.m.

(04.30.06)

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Highlights of the March 21, 2006

Board of Directors Meeting

The meeting was called to order at 7:00 p.m. with all board members present except David Diamond. After the pledge, the minutes of the Annual Members Meeting, the Organizational Meeting for the newly elected board and the last BOD meeting were read, corrected and approved by the board.

ARC Report - A board member read notes from the ARC regarding painting requests.

Garden Club - April 8th is scheduled for an Easter egg hunt.

7:15 p.m. - Board member David Diamond arrived.

Newsletter - Another newsletter will be out soon.

Treasurer's Report - It was noted that 90 members are still > $600 in arrears in assessments. APM stated that ~ 30 members had not been sent 2006 invoices and that this error has been corrected.

A board member stated that all late fees ($25) and 18% interest would be charged for non-payment of assessments. 5 liens had been settled, one member was in a payment process and one member had rebuttled.

A board member stated that 27 new actions to lien were being considered and all new legal actions will be through the newly hired attorney group.

A board member stated the new association attorney has written the "Rehabilitation Letter" and it was sent to APM and will be reviewed by the board prior to being sent to all members.

There is a plan to request the contact attorney for this new legal group, Mr. Neal McCullough, attend a meeting of the association regarding concerns about the stormwater drainage system. This meeting would be limited to stormwater drainage issues only. The board agreed to craft a flyer for the members to notify all of this meeting date, time and subject.

A board member asked APM if there was a contract obtained from Aquatic Systems yet. APM stated they had not done so. The board requested APM get a contract for the board to sign as soon as possible.

A board member asked about the current landscaping firm's previous level of service prior to the 2004 reduction of $1,000 per month in payment.

A board member wished to have a separate landscaper service for Island Estates. The board agreed to explore this suggestion.

A board member stated the County Sheriff's department had monitored speed on Sunset Lakes Drive and was investigating the possibility of developing a contract wih the SL commmunity to enforce the C&Rs regarding parking, speed limits, etc. No cost was discussed regarding this idea.

All fire hydrants in the community were said to have been checked in February by the county fire departments.

A board member stated that volunteers were needed in many areas of the community. Specifically mentioned were electricians, plumbers, painters, and individuals with construction expertise. (It is hoped these individuals will be licensed and insured in order to help protect the community in terms of liability issues.)

A board member discussed quotes for replacement gazebos and playground repair parts. It was suggested that the current equipment may be replaced in three years. The board passed by unanimous vote a motion to replace two bubbles and the current tube slide with an open slide on the playgroud equipment.

New Business

The 2005 Financial Review is still in the process of being done by the hired accounting firm.

The board members agreed to pay $15 to join the MIEC.

A board member wished there was an "as built" map for the reclaimed water system in SL.

A board member wants the very tall palms (estimated to be ~ 20) in from of IE to be trimmed. It was stated that a "bucket truck" could be used to do this. There was discussion regarding the need to conservatively manage the funds of the association and closely follow the current budget, in light of the expected challenges facing the association this year. The board unanimously passed a motion to spend up to $800 on trimming the palms at the entrance of IE.

A board member stated the Bylaws may be amended in terms of the designated voter requirement and to reduce the % required for Bylaw amendment from the current 75% to 60%, as recommended by the current attorney. ( The suggestion to reduce the voting % required to amend the Bylaws to that of a quorum (30%) is a very poor idea. There should always be over a majority of the membership affirmative vote required to change the Bylaws of an HOA. No less than 51% is just common sense, and 60% is better. The 75% that is currently required is a high standard, making them quite safe from impulsive and inappropriate changes. Such a high standard may be considered a hardship when adjustments in the Bylaws are proposed. In 2002, the Bylaws were amended twice with a 75% membership majority approval.)

The meeting was adjourned ~ 8:30 p.m. and the members were then invited to speak.

Member Comments

A community member stated that if the very tall palms at the IE entrance needed a "bucket truck" (as the requesting board member described) this may be a very expensive piece of equipment to rent ~ $300/hour had been quoted in the past.

A community member recalled more continuity and productivity from the current landscaper prior to the cut of $1,000 in pay in 2004. They noted the previous contracts with Bob's Landcaping were initially separated into two sections; one for IE and one for SL. The member also noted that Bob's Landscaping was currently being paid $1,000 less than their original contract in 2003 and that they had not asked for an increase since then. The board requested a copy of these (which was subsequently provided to the Board Secretary by this community member).

Another community member thought that the current landscaper was not performing as well as expected prior to their reduction in pay of $1000 per month in 2004.

(03/26/06)

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Highlights of the February 27, 2006 Annual Meeting,

Election of Board of Directors &

Organizational Meeting

Our 2006 Annual Meeting was held on February 27th and was the shortest such meeting on record! A small group was present but fortunately, there were enough proxys sent in to represent a quorum for our annual election to be held. APM was represented by our property manager and an assistant.

Four of the 2005 board members have agreed to remain volunteers for the Sunset Lakes community through the 2007 year. They include Pat Kerr as President, Marcia Johns as Secretary, Matt Ryan as Treasurer and Dave York as Vice President. In addition, David Diamond volunteered to join the board of directors as Director at Large. Since there were only five candidates to fill the five positions, there was no need for a vote.

An Organizational Meeting was held immediately after this meeting where board positions were determined by the board members.

The Architechural Review Committee was also revised, with Jim Turner wishing to remain on this committee. Among the other residents who wished to be on this committee were Diane Gray, and Deborah Brannigan. Again, since there were five volunteers to fill these five positions, there was no need for a vote.

We hope that both the passage of the revised Bylaws & C&Rs as presented by the 2004 Bylaws Committee, as well as a strategic plan to manage the community's stormwater drainage system, and will be priority issues addressed this year.

Let's all contribute our part of supporting our community by attending the monthly meetings and supporting our board of directors with our attention, ideas and participation.

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Highlights of a January 30, 2006 Board meeting

The meeting was called to order at 6:00 p.m. with all board members present. No representatives from APM were present at the opening of the meeting.

After the pledge, a board member announced this meeting was called to vote on a decision of the board regarding the procurement of an additional legal firm for the association. Two choices were evaluated and the board decided on the legal firm of Clayton & McCullough for guidance and direction regarding the issues of the SL community with particular emphasis on the stormwater drainage system.

The current attorney, Mr. Larkin, will continue to complete the specific services that he had already initiated. The new firm would address future issues with particular emphasis on the stormwater drainage issues facing the community.

At 6:12 p.m., the assigned property manager arrived at the meeting.

Each of the board members voted verbally and individually in the affirmative to have the firm of Clayton & McCullough represent the SL community at this time.

A letter of "rehabilitation" is planned to be sent to the members by the new legal firm to notify them that the current C&Rs will be enforced. (This "rehabilitation letter" is commonly required when HOAs are trying to enforce the C&Rs after there have been several violations that have not been addressed in a timely fashion. This letter notifys all members that there will be enforcement and that the rules of the association must be followed.)

All documents of SL will be thoroughly reviewed by the new attorney.

When asked by the board regarding copies of the Bylaws and C&Rs, the APM property manager was not sure about what was displayed on the official website for the association provided by APM.

Issues of expense regarding the the need for legal services to protect the association in term of the stormwater drainage situation were discussed. The board requested that the new attorney be the sole communication source for any information regarding the stormwater drainage system in SL.

No other business was included on this agenda and the meeting was adjourned by unanimous vote at ~7 :00 p.m.

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Highlights from the January 17, 2006 Budget Meeting & January Board of Directors Meeting

These are a few unofficial notes for those interested residents who were not able to attend the community's 2006 Budget meeting and regular Board of Directors meeting in January, 2006.

Board member and community member names are generally avoided as a courtesy, while quotes are provided in context, as space permits. Background information of significance, as well as any opinions of website contributors (noted as such) is added in black fine print to clearly differentiate these from meeting notes.

Meeting Notes:

6:35 p.m. - The meeting was called to order at the Grace Lutheran Church on Courtenay Parkway. All board members were present. APM was represented by an associate of the assigned property manager. The assigned property manager did not attend this meeting.

The board related the necessity to replace the reserve funds that were held from reserve accounts during the last three months of 2004 due to lack of operating funds. Since the revised 2005 budget was passed by the membership in October, 2005, sufficient revenues have made this deposit possible, thereby bringing the road reserve back to required levels.

A community member requested that the record reflect the recently revised 2005 budget was for $500 and there was a $100 road reserve also, making the total annual assessments = $600. The member wished to object to the statement by the board that they had passed a "$600 budget" and to clarify that the actual "budget" itself was only for $500. (Actually, both may be correct to some extent. The revised 2005 operating budget is $500, and the road reserve is $100. In the future, if the 10% increase (allowed without a membership vote) in the "budget" is applied for cost-of-living increases, it should be calculated on the $500, not $600. The $100 road reserve is a constant that is included in the assessment total, but not a liquid, operating amount, as are the operating funds. The objecting member is technically correct, however the board is using terms and generalities that are not incorrect. ;-)

The board unanimously voted to replenish the road reserves with three months of funding and unanimously voted to approve the 2006 budget as written.

The Budget meeting was adjourned at ~6:46 p.m.

The January Board of Directors meeting was called to order and began with the reading of the minutes from 12/13/05. With two minor corrections in verbage, the board unanimously passed the minutes of that meeting as corrected.

ARC Report - No Report

Audit Report - No Report

Garden Club Report - A member read the events of the last month and thanked various individuals.

Gazette Report - A member stated the next issue would be out soon and requested to change from monthly designations to issues. The board agreed.

Welcome Report - No Report

Storm Water Drainage System Report - A board member stated that a community service truck put dirt in the sinking area near Tropical Trail. This member also stated that a representative of SJRWMD was not contacted during the last month regarding the community stormwater drainage issues and no progress had been made regarding this issue.

Treasurer's Report - Checking account - $29,214.88, Reserves $98,000+. A board member stated that "5 liens (against property owners for non payment of required association assessments) were settled with the attorney and 2 were pending".

A board member stated the company that had damaged association property at the SL main entrance had remitted a check to cover such damages.

The board unanimously voted to accept the Treasurer's report.

A board member requested the board vote to give the community member who reported the information regarding the damaged property at the SL main entrance, thereby instrumental in gaining reimbursement from the company, receive a gift certificate for $25. The board unanimously voted in favor of this suggestion.

A board member discussed the financial review done by Advanced Tax Center, a firm hired by the association to review the 2004 financial records. A letter was read by a board member from the firm stating that in October 2004, when the financial accounts were transferred from Sentry Management Company to Advanced Property Management (APM), amounts in the reserve accounts were not properly recorded by APM. The firm suggested that an $11,000 amount should have been entered in reserve statements. Aside from this apparent error in bookkeeping by APM, the firm found no other irregularities. The firm stated that all monies of the association were accounted for and there were no indications of any misappropriation or impropriety regarding the finances of the association in 2004.

A board member stated this review cost $800 and suggested another such review be made by this firm for the association financies through February 2005. The board unanimously approved this action and the APM representative was asked to promptly send the required financial reports to Advanced Tax Center, requesting this review.

A board member stated that consideration was underway to obtain an attorney for the association who may be more familiar with stormwater retention systems and "seawall" issues the community has faced in the last three years. Three firms were listed and meetings were being held with these to determine which may be the best fit for the association.

An individual representing himself presented a bid for the landscaping service at Sunset Lakes. The individual stated he had done work for a Donut Shop and other individuals, but did not state he had experience with large HOAs such as SL. When queried re staff, he stated he had himself and ~ two other individuals, but had 3 to 5 "guys on call" who could do the work. He was asked to provide letters of reference to the board. One board member stated he thought this firm was "good".

A board member discussed a firm, Aquatic Systems, that had previously managed the retention ponds in SL. He was impressed with the knowledge that this company had regarding retention ponds issues. (Aquatic Systems is an excellent service that specializes in water system management throughout Florida. They were the original managers of our system under the developer and did an excellent job. They also have a good reputation throughout the state. In 2004, the original 2004 President of the SL association BOD arbitrarily replaced Aquatic Systems with the current water company. We are very glad to see Aquatic Systems is being considered to return to our community and manage our ponds. For the slight increase in expense, the value of a reliable and knowledgable company is certainly worth it. It is a credit to the current board that they recognize this is an appropriate move to make in the protection of our ponds, properties and community health. Often, you do get what you pay for...)

A board member stated the Brevard Sherriff's Office would meet with the community and answer questions regarding the service that the county may provide a private community. A meeting is planned with a Sherriff's Department representative to be held on Tuesday, January 24th, 7:00 p.m., at the Grace Lutheran Church in Merritt Island. Members are encouraged to ask questions regarding issues such as parking, traffic, etc. (A similar presentation by the Sherriff's Department has been made in the past (2001&/or2002) to the SL community. At that time, a Neighborhood Watch Program was recommended as the best avenue for SL, as we are a private, gated community.)

A board member read a list of "accomplishments" of the current board. The list was quite comprehensive, including the replacement of light bulbs and pulling weeds. (In terms of accomplishments, our list would highlight the most important issues facing the community. By far, the most significant accomplishment that this board made during 2004 (in our opinion) is a "revision" of the 2005 total annual assesments from $489.55 to $600.00. They were able to gather the required number of votes from the membership to legally carry this change, thereby funding the association and preventing a financial crisis. It is to this board's credit that they were able to attain this goal.

In fairness to all, it should be noted that the previous board (more precisely, the majority of members on that board from October 04 through February 05) came just 6 votes short of the required number of votes to increase the assessments to an appropriate amount, as well - by amending the Bylaws.

In fact, the 2002 Board of Directors passed two amendments to the Bylaws and saved the community $52,000+ per year during the first year of turnover from the developer.

The cumulative effort of all these earnest volunteers has made a very positive difference. We applaud all those who have volunteered to help the community move forward in a positive direction with their time and energy.

Another significant accomplishment of the original 2002 board may be the recognition that this community is too large for a "group of volunteers" to manage. We are well over a quarter of a million dollar non-profit organization with a variety of complex aspects included. The 2002 board secured at that time the largest property management firm in Florida, and they assisted our large HOA sort out a very complex first couple of years. Although there are still those who insist they would like to personally manage our funds, it is to each board's credit that they have agreed that a professional management firm and a strong, knowledgeable, dedicated, independent and loyal attorney is the most appropriate position for the association to take in the protection of the funds and property of the membership.

With due praise however, must come a measure of regret that the updating and correction of the Bylaws & C&Rs for Sunset Lakes that are long overdue, has still not been accomplished in the interests of the membership.

Although the correct revisions have all been written by our excellent 2004 Bylaws Committee, and the corrections have been reviewed and voted as approved by the 2005 BOD, the enormous effort to educate the membership and encourage a postive vote, has yet to be made. We all know this is daunting task...and we pray that the future accomplishment of this is done with the good of the entire community at heart.

A board member stated that a packet with the 2006 annual meeting information, as well as other important data including the biographies of those running for the board of directors, has been sent to all members of the association. (If anyone has not received this packet, they should contact the association secretary, Ms. Marcia Johns, immediately.)

A board member stated there were "dark areas" in the community that may need added streetlights.

A board member suggested areas that need repair/refurbishment/replacement include the playground, the basketball court, the tennis courts and the bridges.

A board member stated four fixtures at the entrance to Island Estates need repair/replacement. The estimated cost of this was stated to be ~ $400.00.

A board member stated the three meeting notice "sandwich boards" that the board purchased have been edited from time to time by unknown persons. It was agreed that there may only be a need for a meeting signs to be posted at the SR 3 entrance to SL and the Tropical Trail entrance to Island Estates. Meeting signs will no longer be posted at the exit gate from Sunset Lakes to Tropical Trail.

Members' comments:

A member requested that Mr. Charles Kilgore be given a copy of the 2004 financial review as a courtesy. Mr. Kilgore had (on his own time and without charge to the community) performed a complete and comprehensive financial "audit" for the community covering all aspects of the financial records of the organization from the turnover from the developer in 2002 through 2003.

A member asked why residents are not required to follow the current Covenants & Restrictions. He stated he felt the value of his property was diminished when other residents violated the C&Rs. He mentioned the long-term parking of motor homes and boats, among other items, as examples of violations that were not corrected or addressed by the board. He requested the board enforce the rules of the community.

A member commented on several subjects:

1. That "covenant drives" to monitor compliance with the C&Rs were to be made by APM per their contract. All violations of the C&Rs should be presented to the board after each "drive". These should be done at least 2 times a month, per the current contract with APM. (It may be noted that the previous management company for SL, Sentry Management, made these covenant drives weekly.)

2. All members of the association should have copies of the Bylaws and C&Rs at the closing during purchase of their homes. If there were a way for the members who didn't have them to obtain them, members may be more familiar with the rules and thereby comply more readily. (It may be noted that the 2003 board recognized this situation and requested a volunteer committee group (a chartered Bylaws & Covenants Committee, which subsequently became renamed the Board Referral Committee), compile this data (Bylaws, C&Rs, maps and other helpful information) to be distributed to the members as needed, by either the management company or a volunteer SL member.

All the research and formatting of this project was done and a formal presentation to the board was made of the finished product which ended up costing ~$7each in total for printing and the binder. Many community members have obtained this book and there has been very positive feedback. Most of the board members since that time, have utilized a copy of the resultant "Welcome to Sunset Lakes" booklet, as a useful resource. Again, there may be no need to "reinvent" this resource, but to put to use what has already been developed.)

3. Regarding the streetlight needs of SL, Mr. Rich Gursky, past VP of the HOA in 2003, researched this issue thoroughly and had drawings, costs and locations for needed additional streetlights throughout SL & IE. It may be appropriate to use the information we already have, rather than to start researching the issue again. Perhaps Mr. Gursky could be contacted regarding this issue?

4. Regarding the park lighting, the park has been designated as closed at dusk, by a previous board's vote. The addition of streetlights in the park may serve no particular purpose, for the cost incurred.

5. Are there any concrete plans to replace the gazebo on Limerick? There was a previous discussion and agreement to replace it with a prefabricated one. What is the status of this issue?

A member asked when a sign may be posted regarding the restriction of large trucks from using the SR 3 entrance of SL?

A board member requested that no other further projects be started by this board, due to the nearing February end of the board's term.

A board member suggested that phone calling cards that had been donated to the association be given to military personnel. This was agreed by unanimous vote.

The meeting was adjourned by unanimous vote at ~ 8:15 p.m.

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Highlights of the December 2005

Board of Directors Meeting

These are a few unofficial notes for those interested residents who were not able to attend the community's regular Board of Directors meeting in December, 2005.

Meeting Notes:

7:00 p.m. - The meeting was called to order at the Grace Lutheran Church on Courtenay Parkway. All board members were present. APM was represented by an associate of the assigned property manager. The property manager arrived for approximently the last hour of the meeting.

After the Pledge was recited, a board member announced that the meeting was being audio taped. The minutes of November 15, 2005 were read by a board member and approved unanimously.

ARC Report - The Chairperson of the Architechtural Review Committee stated there were many applications for fences which were approved and spoke in more detail on the following two issues:

1. An IE resident wants to build a guest house on his property. The ARC Chairman approved this construction.

2. The ARC Chairman (Mr. J. Turner) urged the board to accept a "proposal" allowing residents on retention ponds to build structures (specifically "seawalls") on common property. The Chairperson stated he wants the association to approve the structure of an existing seawall that was built in 2003 without ARC approval, on common property (Common property belongs to the entire community. In addition to the areas surrounding the retention ponds, common property includes park areas, the main playground, the gazebo and pier on the river, etc.) and in spite of a specific "no" 2003 Board of Directors vote. The ARC Chairman wished to use that structure as the "model" for all further structures of this type. He also stated he wanted the "specks" for such "seawalls" that he participated in drafting, to be disseminated to the board members promptly.

The ARC Chairman agreed that the total maintenance and legal liability of this common property including the structures may remain with the association. ( Which would mean that all residents of SL/IE may be paying taxes and liability insurance for those few who would take advantage of this "proposal".)

One board member stated she approved of this proposal and would send the "specks" to all the board members.

The other four board members agreed that this was an inappropriate action and that this proposal would not be considered. (This is a 2 1/2 year old issue that has been repeatedly brought up by a few residents who advocate the common property around our retention ponds be "given" to specific residents who own lake front property. It should be noted that although the developer of Sunset Lakes did at one point desire to "take back" a lot that had been legally platted as "common property" by adding an amendment to the C&Rs in June of 2000 stating the board of directors could "convey or encumber" [which means to give away] any and all the common property of the community to whomever they wished, this arbitrary action may well not stand a current legal challenge.

The "Common Property" in Sunset Lakes HOA is legally owned by the association which includes all of the lot owners and is not the developer's or the board's to sell or give away. It is our understanding that in order to give or sell the common property of Sunset Lakes to anyone, the association must have permission and of every member of the association to that effect.

We laud the majority of the Board of Directors who recognized this would be an inappropriate action.)

A community member reminded the board that the county building permit used for the current illegal "model" seawall may have been dispensed in error, as the county may not legally provide a permit to build on property that is owned by individuals other than, or in addition to, those stated on the permit application. (If a contractor applies for a permit in a property owner's stead, there must be documentation that the property owner has provided full, correct and accurate information to the contractor regarding such permit information, thereby releasing the contractor from liability.)

Audit Committee - No report

Garden Committee - A member of this committee read a thanks to those members who assisted hanging the Christmas decorations for the community. (Although we usually don't mention names, we will make an exception with thanks - We would like to note our thanks to D. Ryan who has worked on several occasions to beautify the west SL entrance. We also wish to extend our appreciation to S. Gursky for making the lovely Christmas wreaths that adorn the entrances of Sunset Lakes and Island Estates. She made these herself in 2003 and they are still just as lovely!)

Community Stormwater Management System - A board member stated that a Brevard County employee stated that the sinking land area at Tropical Trail and Killarney will be "excavated." This board member also stated that a St. John's River Water Management employee informed her that the underground stormwater pipes in Sunset Lakes at the area the of sinking land are sealed. (We cannot help but wonder why the ground is continuing to sink/washout if there are no leaks.)

A board member stated that the problem with the erosion issues around some of the retention ponds may be alleviated by inserting longer intake pipes (that would terminate in the center of the ponds), thereby reducing the continuous eroding current of the incoming water on the pond banks. (This suggestion has been made in the past by individuals who have extensive experience with similar stormwater systems. Cleaning the connecting pipes of silt buildup has also been suggested, thereby allowing more water to move through the connected system.)

Treasurer's Report - A board member stated 215 members have paid all dues and are current and 254 members still owe monies to the association. The total association expenses for November were reported to be $16, 544.54. The balance in the operating account was reported to be $9,908.32 and the balance in the reserve account $97,878.74.

A board member stated there has been one forclosure settled, 5 liens have been filed and no leins will be filed in December, but there may be more in January.

A board member stated the 2006 budget has been generated with assessments remaining $600 per lot per year ($281,400.00) and some items on the budget had been "combined". The budget was mailed to the membership and January 17, 2006 is the scheduled Budget meeting.

The board unanimously approved the Treasurer's report.

A representative from a landscaping/lawn service presented the board with a proposal to provide the services for Sunset Lakes.

A board member read a letter and an email written by a resident displeased with the current board. The board agreed not to respond to inappropriate comments and stated that negative behavior is not productuve.

A board member stated that SL may have a "Santa in the Park" on the following Sunday at 1 p.m. for the community children to visit.

A board member disclussed the cost of replacement of the gazebo on Limerick that had been destroyed by a storm last year. The gates for the Tropical Trail SL access and those for IE were also discussed.

A board member discussed the need for more lighting in several areas in SL.

A board member stated that parts of the playground equipment in the main SL park need replacement and asked for volunteers. The tennis and basketball courts in need of resurfacing were also mentioned, as well as the bridges in need of cleaning and repair.

A board member stated they wanted a stop light at the SR3 entrance to SL.

A board member stated an electrician needed to be called to repair the lighting at the SL entrance, including the floodlights.

A board member stated the irrigation system has several areas that need repair and replacement in SL and IE.

A board member stated the gazebo and rails that were on the pier in IE have been continually vandalized. The board asked for community volunteers to repair the rails.

A board member stated that there were still a few trees down since the last hurricaine that needed to be removed.

A board member stated the SL main entrance sign needed to be painted and wished volunteers would do this. A community member suggested checking for termites prior to painting the sign.

A board member stated there needs to be more mulch throughout the community common areas.

The board discussed recent surveyors at the SR3 SL entrance area and the possibility of the property south of the community's entrance being developed.

New Business

A board member suggested the SLHOA website be added to the sign at the SR3 entrance.

A board member suggested that the "official SL minutes" be included in the password protected area of the SLHOA website. This was agreed and APM was asked to do so.

APM was asked to inform the board of new residents so they may be welcomed.

A board member wished to request bids for a new management company. The majority of the board members declined to entertain this idea.

A board member suggested a nominations committee for the next BOD elections. This was to be considered.

A board member stated that the 2006 budget needed to be approved in January 2006. Contracts with vendors may be started in March for the convenience fo the following board.

Member Comments:

A member commented about several items including the proposed "seawall" issue, dealing with inappropriate behavior, playground equipment, bridge cleaning, community irrigation system, the SL entrance sign, attorney reference, etc.

A member requested no trucks be allowed through the Tropical Trail access to SL and that a sign be put out for the "Santa in the Park".

A member suggested an environmental study be done on property south of SL.

A member discussed vandalism of the west SL gates.

20:50 The meeting was adjourned by unanimous board vote.

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