Whittier Community Associates HOA, Inc.
Regular Meeting Minutes

May 22, 2012

The Board of Directors of Whittier Community Association met at the Somerford House, Frederick, Maryland on May 22, 2012 at 7:00 p.m.


Bill Watt, President|
Eric Struntz, Vice-President (arrived at 7:02)
Bernarda Jackson, Treasurer
Paul Zimnik, Director
Bill Ryan, Director
Gary Wass, Director
Dave Fowler, Director



Jenny Marino, Secretary
Michael Brown, Director


Others Present

Nancy Keen, Vanguard Management, Community Representative
Shelly Henning, Recording Secretary
George Long, ACC Chair
Richard Best, Homeowner




Mr. Bill Watt, President of Whittier Community HOA called the regular meeting to order at 6:57pm with a quorum present.




The Board discussed the April 24, 2012 minutes. Motion: To accept the minutes as written with a change to one date. Wass/Zimnik Vote: 5 For 1 Abstain




A. Planning Commission:
Mr. Bill Ryan stated that he is now on the Planning Commission appointed by the Mayor.

B. Planting in the Vistas:
A homeowner spoke to the Board about the plantings on his and his neighbor’s property behind their fences. When he originally purchased the property located on Longfellow Court he was unaware that the plantings were a part of his property. He and several of the neighbors assumed that it was common property because it was behind their fence line. This landscape easement must be maintained by these Homeowners according to the Declaration of Easements for each of the properties. The Board can’t change it because it is in the Homeowner’s documents. There is wording stating that the Association can choose to maintain it. The homeowner asked if the Association would be interested in maintaining it. Currently there is tall grass plantings that he would like to replace with some type of evergreen that would not grow over ten feet high. Because of the slope to the property the mulch gets washed out and the homeowner wanted to know if a boarder could be put up to prevent this. The Board discussed getting legal advice on this and also asking Ausherman what their intent was with the plantings. The Planning Commission may have required it.

Action: Management to check with legal opinion on the changing of the planting and boarder for mulch.




A. Administrative Resolution For Out Of Pocket Expense Waiver Request:
Previously the Board had asked Management if there might be a resolution to the Out of Pocket Waivers. Management created a document for this. This document states that the Board will not approve waivers for the out of pocket expenses that the Association incurs for the preparation and delivery of notices. This is a hard cost to the Association. Granting this request would result in the cost being shared by all Association members. The Board wanted it noted that they felt that the Management is doing a great job tracking all of this. Motion: To approve the administrative resolution. Zimnik/Struntz Vote: 6 For 1 Abstain

B. Correspondence from Craig Wilson re: Legislation:
Craig Wilson sent an email in early April concerning the just ended session of the Maryland legislature. The Maryland Legislative Action Committee (MD-LAC) monitored several bills affecting community associations this session for the Community Associations Institute (CAI) of which Mr. Wilson serves as Vice Chair. The correspondence also encouraged clients to consider donations to the MD-LAC to assist with their work on behalf of Maryland Condominiums and Homeowner Associations. The Whittier Associations pays dues to the Association. The Board was not in favor of a donation at this time.

C. State of MD - Pit bulls:
Maryland Court of Appeals issued a ruling that pit bulls and pit bull mixed breeds are considered to be “inherently dangerous” and has now imposed a strict liability on dog owners and others. Others – includes landlords and other persons who have a right to control the property where a pit bull may be present and who knew or should have known of the presence of a pit bull. This includes Community Associations. The Board discussed that they may need to amend the guidelines, may need to send out a mailing to each homeowner. They would like an official reading from our attorney. The Board would also like advice on liabilities of the Association. Action: Management to check with the Attorneys for the Association.




A.  ACC: Mr. Long discussed that he thought the rule of shutter, front door and garage door match is obsolete. The Board would like harmony. They agreed that it may be time to change the guidelines and that Mr. Long would work on that. The Board also discussed a recent ACC approval for an extension of a home. The Board noted that it looks like the house will now cover about 90% of the lot. The Board also wanted to recognize the great job that Mr. George Long does for the ACC.

B.  Pool Committee: All set for the season. People are very appreciative that we have the outside pool passes.

C.  Townhouse Committee: none

D.  Condo Committee: none

E. Landscaping Committee:none

F. Communication Committee: none

G. Social Committee: none

H.  Treasurer’s Report:  none




  1. The new fountain is going in this week. It should be installed by Saturday. Management will check on the treatments for the lake.



  1. There was no new business discussed.




There being no additional business for the Board to conduct at this time, the Board meeting adjourned at: 8:03pm. Motion: To adjourn. Zimnik/Ryan Vote: Unanimous


There being no additional business for the Board to conduct at this time, the Board meeting adjourned at: 8:30pm. Motion: To adjourn the meeting. Zimnik/Fowler Vote: Unanimous


Please note the next scheduled meeting is June 26, 2012 at 7:00PM.


Respectfully yours,


Shelly Henning
Recording Secretary