SEA VIEW AT GUILFORD CONDOMINIUM ASSOCIATION, INC. Board of Directors Meeting

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1 SEA VIEW AT GUILFORD CONDOMINIUM ASSOCIATION, INC. Board of Directors Meeting Date: Wednesday July 11, :00 P.M. Officers Present: N. Ward, Dee Hamm, Giana Cusanelli, N. Roskin & B. Torff Owners Present: Barbara Angliker, Donna Colangelo, Dodie Diamond, Donna Gesner, Lisa Gramlich, Bev Kearney, Ken & Kathy McKenzie, Jeff Roskin, Diane Stoval, Sarah Torff, Barry Ward Property Manager: Steve Margolis of Margolis Management & Realty, LLC. The meeting was called to order at 6:00 PM. by N. Ward. Unit Owner s Forum/New Business L. Gramlich & D. Colangelo Unit 22: Expressed concern about a mold/allergen issue in unit 22. Donna advised that a visitor to the unit had a severe allergic reaction. There is a taped area (duct tape) in the ceiling directly in front of a dining room duct and an accumulation of what appears to be mold. Mr. Margolis suggested that he be authorized to obtain an air quality test for Unit 22. Motion was made to approve said testing which motion passed unanimously. Kathy & Ken McKenzie Unit 35: Reported that an unknown person vandalized the pine tree garden near the pool by cutting down blooming flowers. Advised that there is a large dead tree bordering the right rear parking lot. The Gardening Committee is aware of the dead tree and will be soliciting bids for its removal. Requested that the community consider installing a no trespassing sign at the entry to the property. A motion was made to procure and install such assign which motion passed unanimously Prior Months Minutes: A motion was made to accept the minutes of the June 13, 2012 meeting and dispense with the reading of same said motion passed unanimously. Reports:-commenced at 6:25 President s Report N. Ward Mr. Margolis will research what if any phragmites control or eradication might be available. Mr. Margolis is in the process of having a sink hole in the walkway outside of Building E repaired. Mr. Margolis is still compiling a growing list of leaks and damage emanating there from. Cheryl Maturo s insurance company (AMICA) has demanded reimbursement of a $10, deductible the company paid out as a result of water damage to Cheryl s unit (#43). AMICA takes the position that Connecticut Insurance Law deems the deductible a 1

2 common expense obligation. The Insurance Committee has been asked to investigate the matter. Treasurer s Report Giana Cusanelli May Bank Balances Operating Account $9, Reserve Account $2, Septic Reserve $9, Roof Reserve $16, June Bank Balances Operating Account $2, Reserve Account $2, Septic Reserve $9, Roof Reserve $27, Unit Repairs/Expenses Unit 21 To date $6, has been spent for repairs to Unit 21 including deck repair as well as mold mitigation and testing. An additional $3, will be paid to the unit owner by agreement of a prior board. Another $6, has been requested by the owner for additional repairs which will ultimately result in total payments of at least $16, The Association is unable to pay the $6, amount without a special assessment. Unit 43 $10, insurance deductible reimbursement demanded, see above. Sidewalk Repairs $ has been spent to repair the damaged sidewalk in front of Unit 32 and the walk leading to the pool area. Reminder unit owners are asked to complete and return the listing of repairs undertaken in there unit. This information is necessary to resolve reoccurring leaks and avoid unnecessary work Reminder Financials are posted monthly on the association website at Manager s Report Steve Margolis Mr. Margolis is working with the Board to devise a set of maintenance standards and what if anything will be the result of non compliance. Mr. Margolis has set leaks and hazards as priorities. Unfortunately there is not enough money to immediately fix the leaks and as a result four buildings have tarps as a temporary fix (See below for additional information). The Connecticut Water Company generates a yearly water quality report which can be obtained from Mr. Margolis. One unit owner is currently the subject of a foreclosure action due to delinquent common charge payments. Mr. Margolis prepared a financial affidavit for the association s attorney signaling that the matter is close to a judgment and the setting of a foreclosure date. The engineer providing the septic system report/ survey (Larry Marchick) has filed same with the Department of Environmental protection. The report has requested that the pine trees be monitored rather than removed and it is hoped that the state will accept this recommendation. 2

3 Moving forward a line item will be added to the yearly budget to set funds aside for septic repair. Over time the goal is to increase the current fund of approximately $9, to $30, Unit owners are reminded that garbage disposals should not be in use as there discharge is harmful to the septic system. The Board has done an extensive job of compiling leak issues and repairs on a per unit basis. Such information has help Mr. Margolis start formulating an overall strategy. The common reoccurring leak problems include issues with leaking decks over living spaces, flat roof deterioration and building roof failure. In the common areas walkways, lighting and the parking lot are all in need of upgrade. The current approach has been to provide spot repairs and special assess for specific projects. After the fall two buildings and the garages will require new roofs. Mr. Margolis proposes that the community consider applying for a loan of $500, payable over seven years. The funds would be used to address the deferred maintenance issues and allow the community to set aside funds moving forward so that deferred maintenance can be addressed in a timely fashion before it gets too far ahead. Moving forward loan information will be presented and discussed at the monthly meetings and the hope is that the loan will be voted upon at the budget meeting at the end of the year. Unit owners are strongly encouraged to come to meetings and discuss this issue. Grounds Committee Presented by Dodie Diamond Dodie advised that Nancy Ward has stepped down as the chairperson of the Grounds Committee and Dodie has succeeded her. Nancy Ward, Dee Hamm and Gabriel Cusanelli remain as committee members Owners of units within Building D have donated their time and money to make improvements to the landscaping around their building. Approximately $1, of the committee s $3, budget has been spent on the center island improvements. An additional $ was contributed by Grounds Committee members. Members of the community are encouraged to join the grounds committee or participate in weeding or watering or even donating funds towards the common entry area. Insurance Committee Presented by B. Ward A meeting was scheduled with Brian Kelly the agent through whom insurance was placed with Peerless Insurance. Mr. Kelly cancelled the meeting and has not rescheduled. The board requested that attorney DeLaura provide correspondence related to the Ayles insurance coverage issue and a copy of his representation agreement with Sea View. After a number of request the following was provided in late June: o A 2008 letter from Empire Management asking Attorney DeLaura to represent Empire and Sea View and to check the Peerless policy to see if there is an exclusion that lets Sea View bow out. o A September 2008 letter from Attorney DeLaura to Peerless stating an argument could be made that sea View had a duty to obtain correct insurance; that Sea View obtained proper insurance and that if Peerless did not reconsider, we will defend this action and seek reimbursement for fees and costs from Peerless 3

4 either in this action or in a subsequent action. The 2008 Board is carbon copied on this letter. No action was taken. o An October 2008 letter from Peerless to DeLaura continuing its refusal to provide coverage o A letter dated June 29, 2012 in which Attorney DeLaura writes I was never requested or authorized to bring a legal action against the insurer after providing their response to the property manager at the time. o A November 2009 letter from Attorney DeLaura to Board President Bill Ammon referencing both the 1 st and 2 nd Ayales lawsuits and disclosing that empire Management had demanded that Sea View pay for its defense and that he represented Empire in other matters which might be a conflict and The board and unit owners should be immediately notified of this as it will translate into additional costs and fees in defense of this action. o A copy of a retainer letter was not provided. Officer s Report Presented by Brian Torff Brian Torff read a statement into the record which is attached hereto. Unit Owner s Forum Old Business: Nothing additional to report Meeting Adjourned at 7:30 The next monthly meeting is scheduled for August 8, 2012 at the Community Center EXECUTIVE SESSION Two unit owners are delinquent with there common charges and are currently in collection with one referred to the association s attorney to commence foreclosure proceedings. Brian Torff s statement will be appended to the minutes The next Board meeting s agenda is as follows: Committee Reports (may be presented by some or all of the following committees): The Insurance Committee Building Representative Committee Grounds Committee Pet Committee Social Committee Bid Committee ---The Board will discuss the status of various, maintenance, and repair and improvement projects as necessary. ---The Board will discuss the Association s financial status and owner delinquent accounts, if any. 4

5 ---The Board will discuss rules and enforcement issues as appropriate. There being no further business, the meeting adjourned at 8:00 PM. Correction/Amendments to the Minutes Susan Glynn requested that the June Minutes be corrected/amended to include the responses made to the Insurance Committee by Harry Seargent, Sam Alling and Susan Glynn who each responded that they never saw the Peerless declination letter while serving on the board. Respectfully submitted, Gabriel H. Cusanelli Secretary 5

6 Serving as Board members to oversee the spending of Sea View money, we are obliged to report information we came upon when organizing and searching Sea View s prior records for insurance policies, contracts, etc. Concerning DSR: We found many paid bills to DSR, a contractor hired often under Manager Krygier, that were incredibly high, for example, a sunroom sky light replacement for $4, Manager Margolis presented DSR with the bills and asked for an explanation. It s been over two months; DSR has not responded. Concerning White & Katzman: As the June minutes indicate, W&K Manager Don Grabon, in a little over a year, wrote checks to W&K for repairs costing about $25,000. This amount does not include exterior painting, roofing, about $10,000 paid to other vendors, or his management fees of $19, Concerning Ayales Lawsuit: This lawsuit cost the community out of pocket costs of at least $40, Based on other information we came upon, the Board invited a former Board member to meet with them in an executive session at GCC. He countered with meeting with just the Property Manager Margolis and President Ward in his home. We agreed and met on June 17. Another former Board member also attended unbeknownst beforehand to Margolis and Ward. Summary of Meeting A Board member directly received a check for $1, to replace his and another Board member s deck. A Board member directly received a check for $1, to paint his dining room and two living room walls. Former Manager Krygier reported that a Board member was in arrears of about $4, and he advised the Board that there were ethics issues concerning the non implementation of late fees and collection. Another Board member confirmed the arrearage as did the Board member in question who ed: This was settled and paid in full in This story is closed. The Board used community money to dine out several times, well over $200 each time. Former Manager Grabon did not obtain Board approval prior to commencing each repairs performed at Sea View; many of the checks Grabon issued for these repairs to W&K were outrageously high. A Board member directly received a check for $ for plants and mulch after the Board told bldg D (scheduled for plantings) there was a freeze on landscaping money due to unexpected expenditures. Neither former Board member present at the meeting had a definite response when asked if the Board voted on spending $1, to bulldoze a garden beside bldg D and the growth in front of bldg D that a Board member supervised. A Board member present at the meeting had records of repair work done in bldg D and gave Margolis at the conclusion of the meeting a record from his records of the Sea View 6

7 maintenance schedule and a letter concerning SV insurance. This, after stating that he had no records. During the last executive session (January 2012) with Manager Grabon, he reported that a Board member s condo fees were reduced as payment for working for the Association. He advised the Board to stop the practice of reducing common fees and that a Board member receiving money for work was a conflict of interest. The current Board unanimously approved that no Board member will receive money for working for the Association. As a result of the meeting, the Board unanimously approved the following motions: No Board members will get work done in their units unless the work has been deemed a priority over other repairs by the Manager and the Board. No Board members will be issued checks for o work done in their units o dining out o sundry items o reimbursing vendors No Board member will be exempt from late fees and collections. There will be no petty cash account. The board welcomes input from the community concerning this information. 7

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