Whittier Community Associates HOA, Inc.
Regular Meeting Minutes

August 25, 2015

The Board of Directors of Whittier Community Association met at the Somerford House, Frederick, Maryland on August 25, 2015 at 7:00 p.m.


Paul Zimnik, President
Daniel Cowell, Vice-President
Bernarda Jackson, Treasurer
Bill Watt, Director
Nancy Sweet, Director arrived at 7:08pm
Andrea Weaver, Director
Larry Hornstein, Director arrived at 7:16pm
Roger Franks, Director


Bill Ryan, Director


Others Present

Nancy Keen, Vanguard Management, Community Representative
Shelly Henning, Recording Secretary
Townhome Homeowner
Pete Coachman, Ausherman
The Owner of Lakefront Fine Wine and Spirits,
Bruce Ramsay, Pool Supervisor, Continental Pools
Marko Jovanovic Assistant Regional Manager, Continental Pools
Dejan Milenkov, Regional Manager, Continental Pools




Dr. Paul Zimnik, President of Whittier Community HOA called the regular meeting to order at 7:00pm with a quorum present.




The Board discussed the May 26, 2015 minutes. Motion: To approve the minutes. Weaver/Watt Vote: Unanimous



  1. Fall Pool Repair Proposal: Continental Pools has given a proposal of $10,970.00 for the Cobblestone fall maintenance with a 10% discount if the contract is signed and returned by October 15, 2015. Greenleaf Pool charges are $41,300.00 which includes the resurfacing of the pool. Continental is also offering a 10% discount with a signed contract by October 15, 2015. The other two pools have already been resurfaced and this had been budgeted for. There is additional cost for adding the swim lanes to the pool when the resurfacing work is done. The Board discussed the higher usage by the Swim Team and that there are additional costs associated with the Swim Team usage for the pool upkeep. The Board discussed charging the Whittier Swim Team a fee for using the pool. The Board also discussed the possibility of renting the pool out to other swim teams. The Board requested that they discuss surveillance cameras on the February 2016 agenda. The Board asked the Continental representatives if some of the work should wait until the spring because of freezing and cracking over the winter, Continental stated they would repair at no charge if there were a problem. Motion: To contact the swim team and explain that Whittier has extraordinary cost to maintain the pool that they use. There will be a special assessment to the swim team of $1,500.00 per season going forward to use the pool. Weaver/Cowell Vote: Unanimous Motion: To approve proposals for pool repairs. Cowell/Watt Vote: Unanimous Action: Management to add surveillance camera discussion to the February 2016 meeting.
  2. 2016 Draft Operating Budget: The budget reflects no increase for the General Assessments and a 1.1% ($3.00) increase in Townhouse assessments for 2016. Based upon the requirements of State and County laws, once the Board approves the budget it will be distributed to the Homeowners for their review. The Reserve Study recommended the 1.1% increase for the Townhomes. Motion: That we accept the 2016 draft budget as written and distribute to the Homeowners. Franks/Sweet Vote: Unanimous
  3. Collection Decisions:
    1. Bad debt Write-Off*****: This home foreclosed in August 2013 and transferred to new owners in January 2015. All amounts due from the foreclosure date forward have been paid in full. The pre-foreclosure balance of $1,721.00 must be written off to bad debt. The Homeowner has also declared bankruptcy. Motion: To write off the bad debt of $1,721.00 from ****. Cowell/Weaver Vote: Unanimous
    2. Bad Debt write-Off/***** This home foreclosed in August 2014 and transferred to new owners in January 2015. All amounts due from the foreclosure date forward have been paid in full. The pre-foreclosure balance of $1,013.28 must be written off to bad debt. Motion: To write off the $1,013.28 from ***********. Weaver/Franks Vote: Unanimous
    3. Settlement Offer and Wage Garnishment Removal Request/******: As the Board may recall, this homeowner proposed a payment plan at the April meeting. The Board approved the owner paying $2,200.00 when his tax return was received and $100.00 a month until the balance was paid in full. No payments were received. The homeowner is now proposing the Board accept $3,100.00 as the entire remaining balance and allow monthly payments of $150.00 for 18months. The Homeowner also requested the Board remove the wage garnishment that was recently ordered. The Board discussed that they had already addressed this and the Homeowner did not fulfill their previous offer. Motion: To reject his offer and continue with collections. Cowell/Watt Vote: Unanimous
    4. Collection Cost Waiver Request/*****: This homeowner is requesting the Board waive all collection costs, legal cost and interest totaling $954.29. The majority of the collection cost occurred in 2012 when his assessment was not received until June and by that time a lien had already been filed on his account. The Board discussed that the fees are hard cost to the Association. These are hard cost to the association. Motion: To reject his request and redirect him to our attorneys on how to pay the balance. Cowell/Weaver Vote: 6 For 1 Abstain
    5. Seven Severe Delinquencies: Management conducted a review of the most delinquent accounts and discussed the information found in the most recent status report with a representative from Nagle & Zaller. The number of properties which were foreclosed on by the mortgage companies has increased dramatically. In some cases judgments have been awarded by the court and in others, the attorney has had no success in locating and serving the prior owner(s). The attorney proposed that the balances/accounts of the prior owners on a foreclosed property be placed on a “contingency basis” in their office. Nagle & Zaller offered two options. The option the Board liked, Option 1, is on a 60%/40% basis. In this type, the attorney would continue to pursue collection of the debt at no additional cost to the Association. Any recovery would be split 60% to the association and 40% to the attorney. The attorney mentioned that most Associations would write-off the balance to bad debt and any recovery would be applied to the bad debt write-off. Option 2 was a 66%/33% split while still incurring some charges from the attorney. Motion: To accept option 1 as stated. Hornstein/Frank Vote: 6 Yes 1 Abstain.



  1. Pool Passes Withheld – Maintenance Violations: When Homeowners have maintenance violations that were noted during the spring re-inspections and they apply for pool passes, this triggers a final inspection prior to the release of the passes. On 5/19/15 the community inspector inspected these homes and found the maintenance had not been completed. These homeowners were notified in writing that they must either attend the Board meeting or send a written explanation to the Board. Motion: The Homeowners that made the corrections and attended the meeting tonight will receive their pool passes. Management will hold the other passes. Hornstein/Sweet Vote: Unanimous




A.  ACC: none

B.  Pool Committee: none

C.  Townhouse Committee: 

  1. The new code enforcement is looking nice.
  2. The fence is falling over at****Carrington. Action: Management will check into the fence.

D.  Condo Committee:

  1. A few areas will be repaved.
  2. Japanese Beetles has destroyed a few trees.
  3. The freshly painted mail boxes are being used for local bulletin boards. A Board member will post information about not putting anything on the mail boxes.
  4. A mail box post has a hole in the base. Action: Management will check into the mail box post.

E. Landscaping Committee:

  1. There are trees that need to be trimmed back in the common areas.
  2. Ms. Jackson agreed to accept the Landscape Committee position.

F. Communication Committee: none

G. Social Committee:The Lakeside Committee discussed they have raised $2,000.00 in give away and will have 74 Raffles. The Committee is expecting between 1500 to 2000 people to attend. The Committee noted they did reject a church having a table at the Festival. A Board Member did discuss that he was not happy with the decision to turn away a church and would not be happy for any non-profit to be turned away.

H.  Treasurer’s Report:  none






  1. Discussed at a previous meeting - There were two Homeowners that had been leaving their trash cans outside in view. Management sent the Homeowners a letter. One Homeowner has corrected the problem and one has not.



  1. The city moved the trash cans closer to the pet waste signs. A Board member asked if the city might put in sidewalks to the trash cans.
  2. The Board is grateful to the ACC Chair for all of their hard work.




There being no additional business for the Board to conduct at this time, the Board meeting adjourned at: 9:04pm. Motion: To adjourn. Watt/Hornstein Vote: Unanimous



Please note the next scheduled meeting is September 22, 2015 at 7:00PM.



Respectfully yours,


Shelly Henning
Recording Secretary