Whittier Community Associates HOA, Inc.
Regular Meeting Minutes
October 27, 2008


The board of Directors of Whittier Community Association met at the Somerford House, Frederick, Maryland on October 27, 2008 at 7:00 p.m.


Present:                                                                      Absent:

Bill Watt, President                                                     Josh Bokee, Director
Eric Struntz, Vice-President, arrived 7:05pm                         
Paul Zimnik, Director                                    
Jenny Marino Director
Mark Nichols, Director arrived at 7:11pm
William Lukens, Director
Gary Simon, Director
Erlene Moser, Treasurer

Others Present:

Nancy Keen, Vanguard Management, Community Representative
Shelly Henning, Recording Secretary

I.         CALL TO ORDER

Mr. Bill Watt, President of Whittier Community HOA called the regular meeting to order at 7:00 p.m. with a quorum present.

II.        MINUTES

                   Approve September 22, 2008 meeting minutes.

             Motion:  To accept the minutes as presented.

             Zimnik/Moser                             Vote:  Unanimous


There were no homeowners present to address the Board.


A.   School Grounds Maintenance:

The Board confirmed what they had voted by way of email for the school grounds maintenance. 

Motion:  Move that we ratify the decision that the Board had previously voted on in the way of an email and for a copy of the email to be attached to minutes.

Simon/Lukens                       Vote:  Unanimous

B.    2009 – 2011 Grounds Maintenance Renewal Contract:

The Board discussed the contract for ground maintenance. 

Motion:  That we accept the 2009 – 2011 Grounds Maintenance contract with Classic Landscaping.

Moser/Simons                        Vote:  Unanimous

C.   2008 / 2009 Snow Clearing Contract:

The Board discussed with Management that although the prices have gone up they are still very reasonable.  There was some concern that the contract only went thru March 31 and that there has been snow in April.  The Board wanted to make sure the Association would be taken care of in case of inclement weather after March.  The Board wanted the contract to be extended until April 30, 2009.

Motion:  That we approve the snow contract with Classic Landscaping changing the termination date to April 30, 2009.

Simon/Zimnik                       Vote:  Unanimous

D.   ACC Committee/Homeowner Variance Request:

The Homeowner was not able to attend the meeting.  Management has been corresponding with the homeowner through emails.  The Homeowner would like a variance to install a shed under his deck.  If this were a free standing shed under the deck the Board would not be for it.  There are no rules against skirting in your deck with lattice or wood on wood.  The Board might consider closing in the deck framing of the deck. The back of his lot has a slope that keeps him from putting the shed in that corner along with a large tree in one corner and a flower bed in the other.  The Homeowner also had a plan B that would place the shed 8 to 10 feet inside the outer property line.  The Board could not approve that idea without a detail request and site plan.  The Board discussed how this should be a topic in the annual review of the AC Committee/Homeowner Variance. 

Motion: That we deny the initial appeal of the ACC Committee decision.

      Nichols/Simon                       Vote7 for 1 against.

     Action:  Management is to notify the Homeowner of the suggestion of   applying to enclose the deck or officially requesting a variance of the location.

E.    Waller House Court Asphalt Repair:

The board discussed that it is the Associations responsibility to do something regarding the parking space sinking.  A Board member wanted to know if either proposal had a guarantee if the area should sink again.  They thought that if it was going to sink again it would in the first twelve months.

Motion:  That we approve Jeter Paving’s proposal to do the asphalt repair.

Struntz/Moser                       Vote:  Unanimous

F.    2009 Operating Budget:

The Board discussed the budget and the comment letter on behalf of some condo owners.  In the letter the Condo owners felt that they did not benefit from all the amenities of the community and felt they should not have to pay for them.  The Board discussed that the Association fee is a fee that is part of living in a community and that you could not pick and choose which amenities to pay for.

Motion:  To approve the 2009 budget as final.

Struntz/Simon                       Vote:  Unanimous

Action:  Management to respond on behalf of the Board to the Condo owner’s letter. 

G.   Website Advertisement Fees:

The Board discussed the website advertising fees and the email as in the packet. 

Motion:  That we have two ads for the web site for $100.00 and for $50.00 as in the email.

                         Zimnik/Struntz                    Vote:  Unanimous

H.   Reserve Investments:

The board wanted to know that the money was fully covered by the FDIC.  And they also wanted to know if any money was at any risk.  The money is not at any risk.  The money market account is used as the Reserve Fund, as the asphalt repair will come out of this money.   

Motion:  Move $45,000 to a new 2014 CD and leave $25,371. in the Smith Barney Reserve Money Market.

Stuntz/Simon                         Vote:  Unanimous

I.     Hearing/XXX Palace Green Terrace (8:00pm)

The Homeowner did not show for their hearing.  The Homeowner painted the peak of their siding, their front door, and shutters, an unapproved blue.    The siding had originally been tan. The siding should not have been painted. This is not the approved color.  The Board discussed that the homeowner did not follow the guidelines.  All the end cap townhouse buildings are tan.  They need to restore it back to the original color.  The Board thought the Homeowner might have to replace the siding.  The Board reserve the right to take further action which could include but not limit to referring to an attorney or the Association may rectify the issue and charge the homeowner for all expenses.

Motion: That they restore the siding to the original color and paint the shutter and door to the approved color, Brafferton Blue.

Struntz/Zimnik                     Vote:  Unanimous 

J.     Title Analysis Letter:

1.     XXX Lakeside:  The Board reviewed the attorney’s recommendations and title letter and decided to sit on the lien.

Motion:  That we sit on lien and take no further action.

Zimnik/ Struntz     Vote:  7 for to 1 against

2.     XXX Lakeside Drive

The Board discussed that the property was foreclosed on and has been purchased by a new homeowner.  The balance owed is $79.30 which could not be recovered.

Motion:  To make a motion and write off the bad debt.

Nichols/Simon        Vote:  Unanimous 

3. XXX   Dominion Drive XXX

           The Board discussed that the property has been foreclosed on and has been purchased by a new homeowner.  The balance owed is $582.00, which could not be recovered.

     Motion:  To make a motion and write off the bad debt.

                                      Zimnik/ Struntz      Vote:  Unanimous

V.                COMMITTEE REPORTS:

A.   ACC:

B.    Pool Committee:

Water was overflowing at pool at Cobblestone

C.   Townhouse Committee:

D.   Condo Committee:

E.    Landscaping Committee:

A Board member noted that the Village Market had a sign that was propped up against the main entrance.

F.    Communications Committee:

A Board member stated that the email on Halloween was very nice. 

Action:  Management to send the minutes from September to Mr. Zimnik so they can be put in the next email.  Management is to also send a notice (regarding checking out the new web site for the community) with the new assessment notice.

G.   Social Committee:

Management noted that Ausherman would like to contribute more next year for the summer gathering.

H.   Treasurer’s Report:

A Board member asked if Goldklang completed the one time electronic filing that is mandatory in Maryland.  Management responded that yes, it had been completed.  

VI.          OLD BUSINESS:

A.   Time allocated to discuss any outstanding items from previous meetings.



                    There being no additional business for the Board to conduct at this time, the    Board meeting adjourned at 9:00 p.m.

                     Motion:  To adjourn the meeting at 9:00 p.m                                                      Simon/Moser                            Vote:  Unanimous


Respectfully yours,

Shelly Henning

Recording Secretary