Here is how the 2007 Annual Owners Meeting went:

Here is how the 2007 Annual Owners Meeting went:

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NAUTILUS COVE CONDOMINIUM ASSOCIATION, INC.
ANNUAL OWNERS MEETING – UNAPPROVED MINUTES
DATE: December 8, 2007

LOCATION:

City of Panama City Beach Senior Center at 423 Lyndell Lane, Panama City Beach, FL 32413.

CALL TO ORDER:

Association Manager Ross Pritchett called the meeting to order at 10:00 a.m. Central Time.

OWNERS PRESENT:

Holloway-unit # 107, Miller- unit # 207, Smith – unit # 210, Casiano – unit #302, Smith- unit #306, Cahours- unit # 307, Thomas – unit # 401, Hargaray – unit # 407, Davis – unit #503, Lewis – unit # 504, Vanderwerff – unit # 514, Morgan – unit # 608, DigiaComo & Centeno – unit #616, Jarrett – unit #701, White – unit #703, Jones – unit # 709, Ankoviak – unit # 711, Sims – unit # 715, Holmes – unit # 801, Aldrich – unit # 806, Wilhite – unit # 1605, Mullins – unit # 1608, and the Developers were present for sixty one units.

OWNERS REPRESENTED BY PROXY:

Jones – unit # 104, Davis – unit # 106, Hamre – units # 203, Staggs – unit # 408, Breithhaupt– unit # 501 & #603, Murphree – unit # 502, Grass – unit # 506, Spence – unit # 510, McRitchie – unit # 513, Munyon – unit # 516, Wilson – unit # 606, Ussery – unit # 702, Miles – unit # 803, Simmons – unit #1601.

ESTABLISH QUORUM:

Eighty three units were represented by owners at the meeting and fifteen units were represented by proxy. A quorum was established with ninety eight out of one hundred sixty eight units being represented at the meeting.

OTHERS PRESENT:

Ross Pritchett and Samantha Jarrett –Seagrove On The Beach Property Management – Association managers, Ron Jones, Pelican Real Estate Broker, Dean Price and Jim Klohn who are the Developers and members of the Board of Directors

PROOF OF DUE NOTICE:

Affidavits for the first notice and second notice were presented at the meeting and are filed as part of the official record. Notice was posted at the property as required.

PURPOSE OF THE MEETING:

The Nautilus Cove Homeowners are here to elect one of the homeowners to become a member of the Board of Directors.

REMINDERS AND UPDATES:

Ross Pritchett opened with explaining to the owners that the Association documents require that any owner that rents their unit is required to supply the Association with a copy of the lease. The owner can black out the amount charged. Also he reminded the owners that by law the Association requires a copy of a key to every unit. Ross then went on to explain why the Association is not heating the pool. He told them that it was up to the Board of Directors to determine whether or not the pool would be heated.

He also told them about the October test run on heating the pool and the bill was a little over $1,800.00. Finally, he reminded them about the official owners’ website that they can visit to see the financials, and to post comments.

ELECTION OF A MEMBER TO BE ON THE BOARD:

Thirty nine ballots were cast in the 2007 Board member election. Len DiGiacomo received eleven (11) votes, Jaime Holmes received zero (0) votes, Jennifer Jones received twenty two (22) votes, Joshua Simmons received zero (0) votes and Rodney Smith received six (6) votes. Jennifer Jones was elected to the board.

FINANCIAL REPORT:

Ross Pritchett discussed the financial situation of the Association and mentioned that financial information is posted on the web site. In addition to the Operating and Deposit Accounts the Association now has beginning in January 2008 there will be an account for Reserves. He explained that the assessments for 2008 will remain at $537 per quarter ($179.00 per month).

Comments Made:What is the projected time of turnover to the homeowners and how many have been sold? Everyone was updated about the cable situation. The water bill was explained to everyone and why the bill went to a fixed rate for everyone. The gate issue was discussed and everyone was told that we were having warranty problems and that’s why it has not been fixed.

Someone suggested we need more security around the pool area. Maybe pool tags could be given to the owners or renters to wear while at the pool. The pool should be locked at all times to protect the Association.

Ross Pritchett explained the rules for the pool deck area and that glass on the pool deck or while you’re in the pool is a violation of Florida Statutes and could result in the pool being closed by the Health Department. There was and inquiry about the time the gates open and close. Response made was that the gates open at 5:30 am and close at 5:30 pm. There was a comment made on the clutter that many of the units have on their front entryways.

The letter process for violations should be modified. Tom Webber who is the courtesy officer of Nautilus Cove explained to everyone what he was hired to do and if there is a problem on the premises, they should call him. An owner asked how many time the garbage cans and the pet stations were emptied a week. Also the landscapers need to be contacted about the preserved islands because they need some cleaning up.

There was a question about units being used as a dormitory. “Is Pelican Real Estate paying rent?” was asked. Ross Pritchett discussed possibly getting a fountain installed in the retention pond to help with mosquitoes and to help the appearance of that pond. Someone asked what the process for renters to live here was and if the owners were doing background checks on these people. It is the owners’ responsibility to check who they are renting to.

Tom Webber also commented about the kids being left unsupervised.
Someone asked, “what was the purpose of the black panels on the sides of the buildings”? We discussed plumbing problems in a unit. There were a few questions and comments made about the budget. Why was the insurance so much less than last year? Explain the taxes and licenses in the budget.

Someone asked about the management fee and how it was figured.

NEXT MEETING:

The next annual meeting has not yet been determined.

ADJOURNMENT:

After a motion to adjourn and seconded, meeting adjourned at 11:26 a.m.

Submitted by:
Samantha Jarrett
Association manager

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The Role of Directors and Officers in Condo Associations

The Board of Directors sets and monitors policy. This long settled role of directors in corporate law is reflected in Florida Statutes Chapters 718 (condominium associations), and 617 (not-for-profit corporations), as well as in most association bylaws. Officers carry out that policy and serve at the Board’s pleasure. Officers are subordinate to the directors. Officers may be "fired" at the election of the Board. Directors may not be removed without a vote of the membership. In associations, removal of directors is done by recall. While the President may be sometimes confused with "dictator" that is not the President’s role in associations or any other corporation. As with any corporation, the President is an officer that reports to the board of directors – not visa versa. Ultimately, the board of directors reports to the owners.

In condominium associations the officers and directors of an association have a fiduciary relationship to the members who are served by the association. Florida Statutes Chapters 718 and 617 spell out the role of officers and directors a bit more explicitly. Here are some of the statute provisions that describe those roles:

The Role of Directors
Fla. Stat. §718.103(4) – "Board of administration" or "board" means the board of directors or other representative body that is responsible for administration of the association.

617.01401 (2) "Board of directors" – means the group of persons vested with the management of the affairs of the corporation irrespective of the name by which such group is designated, including, but not limited to, managers or trustees.

Fla. Stat. § 617.0801 Requirement for and duties of board of directors. - All corporate powers must be exercised by or under the authority of, and the affairs of the corporation managed under the direction of, its board of directors, subject to any limitation set forth in the articles of incorporation.

The Role of Officers
Fla. Stat. §718.112 (2)(a)(1) Administration.– The form of administration of the association shall be described (in the Bylaws) indicating the title of the officers and board of administration and specifying the powers, duties, manner of selection and removal, and compensation, if any, of officers and boards…. In the absence of provisions to the contrary in the bylaws, the board of administration shall have a president, a secretary, and a treasurer, who shall perform the duties of such officers customarily performed by officers of corporations. Unless prohibited in the bylaws, the board of administration may appoint other officers and grant them the duties it deems appropriate.

Fla. Stat. §718.112 (2)(a) - Unless otherwise provided in the bylaws, the officers shall serve without compensation and at the pleasure of the board of administration.

617.0841 Duties of officers —Each officer has the authority and shall perform the duties set forth in the bylaws or, to the extent consistent with the bylaws, the duties prescribed by the board of directors or by direction of any officer authorized by the bylaws or the board of directors to prescribe the duties of other officers.

617.0842 Resignation and removal of officers— (1)An officer may resign at any time by delivering notice to the corporation. A resignation is effective when the notice is delivered unless the notice specifies a later effective date. If a resignation is made effective at a later date and the corporation accepts the future effective date, its board of directors may fill the pending vacancy before the effective date if the board of directors provides that the successor does not take office until the effective date of the pending vacancy.

(2)A board of directors may remove any officer at any time with or without cause. Any officer or assistant officer, if appointed by another officer, may likewise be removed by such officer.

IN SHORT…
The Board of Directors sets the policies for carrying out the operations of the association – which operation must be consistent with the Declaration of Condominium. In corporations, officers report to the board of directors. The board of directors reports to shareholders. In community associations, the owners are the equivalent of "shareholders." That is why it is so important that association members take an active role in their community – ultimately, it is the members who decide how their association should be run.