6:30 pm: Kathy McLaughlin, Amy Rosenthal, Susan Licalzi, Neal Kilbane, Bob Kant .
President’s Call to order.
Approval of minutes from 8.22.19 and 9.10.19 meetings.
Election of Officers:
Neal Kilbane President
Amy Rosenthal Vice President
Susan Licalzi Vice President
Robert Kant Treasurer
Kathy McLaughlin Secretary
Caryn Meyer Esq of Cohen Warren Meyer Gitter was introduced as Board’s new attorney.
She was introduced to the Board, given an overview of the community, and provided Board members with a summary of her background and qualifications.
The Board wishes to properly complete the filing of previous changes to the By-Laws and Declarations. Ms. Meyer will help us with that.
We had a thorough discussion of the changes that have been made over time to Captain’s Walk By-Laws: Change to size and terms of Board members in 2018, various changes to By-Laws in 2016, earlier changes.
Filing fees for By-Law changes were capped at $5000 plus a per page fee about 5 years ago.
Amendments to By-Laws are not required to be filed to be effective; Amendments to Declarations MUST be filed. Recent case law indicates that courts would prefer that ALL amendments, even to By-Laws, be filed. Each item that is changed in either document is considered an amendment. References to Developer in documents need not be removed or amended. Changes should focus on substance.
Board to provide a list of all changes to the documents including the language that was changed, what it was changed to, when it happened, the process of notifying and voting. Kathy McLaughlin will provide Ms. Meyer with documentation for all recent changes to governing documents in 2016 and 2018. Rules and Regulations can be changed by Board vote. Changes do not need to be filed. Rule changes need to be circulated to all homeowners and posted. Rule changes cannot expand or contract By-Laws or Declarations.
The HOA cannot suspend any homeowner’s voting rights.
Cohen Warren Meyer Gitter will prepare annual meeting packets in future.
HOA agreement with Touchstone Management to be reviewed.
Legal matters regarding certain homeowners were discussed.
Dock damage from July 4 incident: Passengers on boat are suing boat operator and need to view damages. Ms Meyer to give them a deadline to view the dock in coming weeks so HOA can proceed to fix damages. Ms Meyer will also request payment from boat owner to cover repairs.
We had a discussion of warranty issues, i.e. painting and roofs, but no new knowledge was presented.
Ms. Meyer confirmed that the HOA has the authority to make spending decisions without obtaining approval from the community and to make decisions for the benefit of the community without a vote from the community. If we were a condo or a coop those powers would be constrained. As an HOA they are not.
That was the end of Ms. Meyer’s participation for the evening.
Homeowner Matters/Requests Discussed include paint, parking, Touchstone’s inspection report. If problems with paint are a result of normal wear and tear, they must be addressed by homeowner. No warranty will cover that.
Buildings & Grounds
Board is reviewing two estimates for repair work to dock after boat incident.
Touchstone to meet with representatives of the Village of Brightwaters re the landscaping in the park next to our fence.
Pool heater gate has been painted.
Broken board replaced by Touchstone.
Board has decided not to seal coat the roads.
Clubhouse certificate of occupancy process is still underway.
Pool and Snow Removal
SCDHS pool permit has been obtained. However, it will expire at the end of 2019 and must be renewed. Touchstone to obtain a new permit.
Aquatech will attend our November HOA meeting to review their performance and procedures in 2019.
Pool will be closed for winter October 1.
Pool furniture needs to be shrink wrapped.
Susan Licalzi to order 8 new umbrellas and 2 new umbrella stands for 2020 pool season.
Landscaping
Fall tree removal and planting is complete
Board approved purchase of additional white gravel for behind homes on west side.
Fall plants and decorations have been installed.
Board approved purchase of additional sprinkler heads around new plantings.
Re holiday decorations: Homeowners requesting permission to purchase additional lighting around their own homes must be denied. Board passed Lighting Guidelines last year. Guidelines will be sent to Homeowners as a reminder.
Board will continue to consider the appropriate time to add some uplighting to the front of the community.
Pool deck plants must be moved into clubhouse. Cleaning person should be asked to water those regularly through winter.
Finance
Review of current balances in reserves and spending accounts.
Discussion of more than a few homeowners being recorded as ‘in arrears’ according to Touchstone’s records. This will be discussed with Touchstone to be sure postings are timely and accurate before notices are to be sent to homeowners or fines assessed.
Clubhouse
Patricia Wadsworth will now be the person cleaning the clubhouse, and she will be paid directly by Touchstone. She will clean on a regular basis (every 2-3 weeks in winter, more frequently in summer) and after reserved events. Regular cleaning will be $50/session; more may be required after special events.
Cameras will be installed in clubhouse to ensure security.
Efforts still underway to recover historic Captain’s Walk photographs from Joe Callahan. We would like to frame and mount in clubhouse.
Future
We will hold a Town Hall meeting on Sunday November 24, 2019 at 4 pm in the clubhouse.
The HOA Board will meet on October 10, November 12, December 10, and January 14.
Our Captain’s Walk holiday party will be on December 15 at 4 pm.
Meeting Adjourned.