Minutes of the Documents Reform Committee meeting held on Monday, August 5th, 2019.

Meeting commenced at 7:04pm and concluded at approximately 8:15pm.

Attendees Present
Julie Brito
Louis Rivera
Bruce Michener

Absent
Tammy Wyant
Mike Wyant

Approval of Agenda

Agenda and meeting recording was approved unanimously.

Approval of Meeting Minutes

7.24.19 Meeting minutes were shared with the committee via email on 7.25.19 at 3:52p. Bruce Michener responded to all via email with his concerns regarding votes and Pembroke Pines Zoning Ordinance. Minutes for both 7.24 and 8.5 committee meetings will be presented to the Board at the next Board meeting scheduled for Thursday, 8.8.19.

Discussion

• Confirmed 514 affirmative votes required to pass amendments to HLA Covenants, per attorney Otto opinion that needs to be confirmed. He did not describe his intended process and time-line at 7/31 Q & A

• Historically HOA only has a response rate of 200 votes, what is the plan to change that? How do we plan or what are we doing differently to get the additional 300 votes needed. We Propose that the board not take the proposal to membership votes without a clear solid plan. Agreed 3-0

• Discussed multi-home conversions (renting out rooms, efficiency conversions, etc), in violation of our original Covenants and Zoning Ordinance prohibiting multi-family homes. Violations must be addressed via HOA and via Pembroke Pines zoning.

• Discussed having a simplified screening process run by property manager rather than what is being proposed.

• Discussed “Bone Fide”. Concerns that the board should not set what financial commitments should be required. When loans are involved those commitments should be set by the banks on an individual basis. Agreed 3-0

• Limit on 3 properties allowed for investors in proposed Screening Covenant X change” was approved in 2016 by Board and its Gov Docs committee as way to reduce investor impact. With our voter roster and Jpnt, it’s easy to determine which names appear on deeds more than 3 times. Better than trying to track and enforce percentage lease limits for entire park, but we need to add “grandfather” clause for current investors over the limit of 3. Proposed the possibility of additional restrictions on absentee owners. Such as refundable deposit in escrow for all future leases, renters insurance, registering as a rental property with HOA, requiring a properly manager for absentee owners, etc… Agreed 3-0

• Must add amendment to prohibit the sale of a mobile home without the land it sits on. Agreed 3-0

Additions to Agenda

Bruce presented 2 Amendments for Covenants V and VIII (identified by underlines) recorded without any proof they were even presented to membership before attorney certified them on 6/21/2010 for recordation. One key paragraph is injurious to homeowners, allowing attorney to eventually lien a house to collect his fees, even when his services were not required. Because statutory time limit to challenge illegality passed in 2015, these now “legal” documents can only be changed by the same method that they were purportedly approved, i.e. 2/3 membership vote.” His recommendation was to have the second paragraph of section VIII rescinded. Submission has been provided as an attachment via email to committee members along with these minutes.

Outcome

Request an extension until September 5th from Board during the Thursday, August 8th Board Meeting.

Agenda for next meeting

Further topics to be determined per revised amendment proposal and the Board’s decision on extension.

Adjournment

Meeting was concluded at approximately 8:15pm. Committee is awaiting a revised amendment proposal; therefore, a date for the next committee meeting is to be decided.

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