Saturday, December 10, 2011

We Have a New Board

Thanks to people sending in and dropping off their proxy forms, we reached a quorum for our annual meeting and elected a new board ofhttp://www.blogger.com/img/blank.gif directors for 2012.

Your new board president is Jason Mirabella. John McQuiston remains vice president. Dustin Kerr retains his post as treasurer. Lauren Milazzo joins the board as secretary. And Starr Reid is director at-large.

The next HOA meeting is January 24.

If you have ideas on what issues the HOA should tackle in the coming year, emails to board@stcharlesplace.us will reach all the board members.

Wednesday, November 30, 2011

Annual Meeting - Take Two - Next Tuesday

The HOA makes its second attempt at holding its annual meeting next Tuesday, December 6. We need 30% of eligible owners (those not more than 90 days in arrears on their HOA dues) to attend or to send in their proxy forms for the meeting to become official.

That number is 66. As of today, we have collected 36 proxy forms. We need 30 more people either to return their proxy forms or to show up in person at the meeting. If we fail, we can't hold the annual HOA board election, which has potentially expensive consequences to all owners.

Here's why:

If we do not elect a new Board and two or more of the existing Board members have to resign, there will not be a quorum of the Board to operate the Association. Then the Association goes into receivership and we pay lawyers lots of money to do what our fellow owners currently do for free.

This could ultimately mean a big rise in HOA fees. Lawyers do not work cheap. No one in the community will have control over this if we forfeit our right to run our own HOA.

Saturday, November 12, 2011

Find Your Main Water Shutoff Valve

Do you know what this is? Or where to find it? Here's why you need to know:

We had a resident tell us recently about a burst pipe that flooded her upstairs bathroom and damaged her kitchen ceiling. What made the problem worse is that she could not find the main water shutoff valve. This is the valve that cuts off water to the entire unit — specifically for emergencies like this.

The shutoff valve will be outside your unit, inside a covered plastic box. It may also be covered by mulch. Dig around near your driveway or walkway until you find it.

While the affected resident also notified our property manager and asked that the landscapers make sure that they make sure all the shutoff valves are uncovered, the issue there is that the landscapers probably don't know where the valves are, either. Even if they uncover them, the next mulching could hide them again.

But you can protect yourself. Take a few minutes to go outside and find your shutoff valve. It could save you a ton of headache later.

Wednesday, November 9, 2011

Failure

We failed to reach quorum for our annual meeting last night. This means we could not elect the HOA board for next year. So what?

Here's the problem:

If we can't elect a new board, the HOA goes into receivership and we pay lawyers lots of money to do what fellow owners currently do for free.

This could mean that either money the outgoing board budgeted for community improvements goes to lawyers instead or that HOA fees have to rise to pay this unaccounted for expense.

No one in the community has any control over this if we forfeit our right to run our own HOA.

We are going to try again December 6. That means the HOA must spend several hundred dollars to print and mail the annual meeting notices again. It also costs us money to rent the room at the church where we meet.

If you sent in your proxy form, that is good for 90 days from the date of the first meeting, November 8, so you don't need to send it in again. If you still have the first form, you do NOT have to wait for the next one to come. You can fill out and send in the one you have.

Sending in the proxy form means you count toward the quorum (the minimum number of people we need for the meeting to be official). However, sending in the form does not take away your right to attend the meeting and vote. You just show up and you nullify your proxy.

Yes, it costs 44 cents. Yes, it requires taking the envelope to the mailbox and putting it into the slot. But it's a lot cheaper than a lawyer's hourly fee would be to run our community's business.

We also need five candidates to run for the board. One member moved away and another has announced his intention to step down to spend more time with his family. The three remaining are willing to run again.

That leaves two spots that need filling. Two spots for people who care enough about where they live to volunteer some time to help make it better.

Wednesday, November 2, 2011

Annual Meeting - Next Tuesday - November 8

While all owners are welcome to all HOA board meetings, this is the one your community needs you to attend. We need about 30% of eligible owners (all those not more than 90 days delinquent in paying their) to reach a quorum. If you don't think you can make it, please fill out and return your proxy form.

It's the annual meeting where we pass the budget for next year (the proposed budget keeps fees at $213/month) and holds elections for the board positions.

Think you can do better than the people on the board now? Here's your chance. All five seats are up for grabs. One board member has sold her unit so that seat must be filled. And board president David Hey has announced his intention to step down.

Serving on the board gives you a greater voice in shaping our community.

Here is the location (less than 1 mile from us):

River of Life Christian Center
6605 Krycul Avenue
Riverview, FL 33569



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Wednesday, September 28, 2011

Save the Date -- November 8

The HOA will have its annual meeting November 8. This is the meeting at which the HOA board approves the 2012 budget and when elections for the board happen.

This is the one meeting a year you should attend. For the new board election to take place, we need 30% of eligible owners to show up to reach a quorum. "Eligible" owners are ones in good standing, who are not more than 90 days behind on their HOA dues.

Soon, you will get a notice of the annual meeting in the mail. It will include a copy of the proposed budget and a proxy form. Please keep an eye out for it. If you can't make it to the annual meeting, you can still help us reach a quorum for the meeting by filling out and returning your proxy form. You can either mail it back to the address indicated, or give it to one of the current board members, who will deliver it to the meeting for you.

Last night, the board agreed on the preliminary 2012 budget. Under it, HOA fees for next year would stay flat at $213 per month. This marks at least five consecutive years without an increase in fees, while the board continues to fund reserve accounts for major maintenance and repairs (like replacing roofs) so that when they happen we won't have to hammer owners with special assessments to pay for them.

Despite the continuing foreclosure crisis, the HOA remains financially healthy and able to maintain the community and even to make selective improvements to things like the landscaping.

You can have a greater voice in the direction St. Charles Place takes. All five board seats are up for election and at least two seats are open. Board member Beth Burns sold her unit August 31 and resigned. And president David Hey plans to step down.

Even if you like the way things are going, you should consider running for a seat. And, obviously, if you are dissatisfied, the way to change the board's direction is to change the board. Judging by attendance at meetings, people seem satisfied. But the more people who participate — either by serving on the board or on one of its various committees — the stronger the community will be and the better it will be for all of us who live here.

Thursday, August 18, 2011

HOA Meeting - Next Tuesday


Got issues? Yeah, yeah, don't we all?

But if you have an issue in the community that needs addressing, the next HOA meeting is next Tuesday, August 23, at 7 p.m. at the usual place. (Scroll down for the address and a map)

If you can't make it, email the board at board@StCharlesPlace.us so it can at least get on the agenda for discussion.

The board did move the open owner forum portion to near the beginning of the meeting so that you don't have to sit through the entire proceeding before you get to raise your point. The board hopes that will encourage people who have something to add, but who don't have two hours to wait before adding it.

Also, if you live on either Spencer Ridge Court or Hawthorne Trace Lane and your home backs up to that area marked off with caution tape, the board can use your feedback.

What do you want to see happen there? Should we replace the tree that once stood there? Simply fill in the hole? Something else?

River of Life Christian Center
6605 Krycul Avenue
Riverview, FL 33569



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Tuesday, July 26, 2011

Next Meeting - August 23

Your humble correspondent has grown lax about giving advance notice of HOA meetings. So I thought I'd start early for August's. It's set for the 23rd, lightning permitting!

Looking further ahead, we will have elections for the HOA board seats this November. All five seats are up for grabs and two members -- David Hey and Beth Burns -- will not run again. If you want to play a role in safeguarding your community, consider serving on the board.

There's a meeting every month and a little homework in between but it's not arduous work and it pays great.**

**The pay is in sunshine.

HOA Meeting Tonight

The meeting happens 7 p.m. at the usual location -- River of Life Christian Church, 6605 Krycul Ave., Riverivew. Scroll further down the page for a map, if you need one. It's less than one mile from our front entrance.

We have a lot of issues to deal with because lightning forced cancellation of June's meeting. Scroll down a bit to see what we had planned to discuss at that one.

In addition, the community's insurance agent will brief us on our policy renewal coming up in August. Based on the Florida legislature's industry-friendly actions this year, the news for us could be bad.

Sunday, July 3, 2011

Fireworks are Illegal

Yes, I know. There's a huge tent in the Sweetbay parking lot across US-301 selling them, so what's with the headline?

Here's the thing: Because of a quirk in state law, communities are not allowed to ban the sale of fireworks in the state. But they're not legal to set off unless you're using them to scare birds away from farm crops or fish hatcheries, light the way for a railroad, or to take them out of state.

I'm not making that up.

And that waiver you have to sign probably lists only the state statute numbers, but it says you agree that you're only going to use them for one of the reasons above. The waiver does not protect you one iota from liability for any damage you cause. It protects only the seller, who can pull out the form you signed and say, "hey, he said he was only going to use them legally."

I know that regardless of the law and regardless of the pleas of neighbors whose children and pets get scared at the sound of the explosions, there will be idiots who think they have to put on a show inside a densely populated community like ours where they truly don't belong.

I sincerely hope that you are not one of them.

Tuesday, June 28, 2011

HOA Meeting Delayed by Lightning

Sort of. Lightning knocked power out to the usual meeting place so the board decided to cancel the meeting. The next meeting -- acts of nature permitting! -- will be July 26.

Trespassers at Our Pool & HOA Meeting Tonight

UPDATE: Lightning knocked out power to the church where we are scheduled to meet tonight. Right now, the plan is to meet outside then decide what to do -- postpone the meeting until Thursday or wait until next month to meet.

It's summer. Kids are hot, they're out of school and even ones who don't live here are cooling off in our pool. Beyond the trespassing when they jump the fence, they have also damaged the pool area and the cabana. What can we do?

That will be one discussion topic at our HOA meeting tonight. Sometimes the offenders are residents under 16 there without their parents, as required under community rules. Often they are kids who don't even live here but find our pool a convenient place to play.

We could buy a new, stronger, taller and harder-to-climb fence. We could hire security guards to monitor the pool. We could buy a video surveillance system. Those are some the ideas bandied about so far. What do you think?

It really is an important element in the community's quality of life, whether rule-abiding residents feel uncomfortable going to the pool because of rowdy kids. Or residents who live near the pool who can't sleep because people are there after dark, when the pool is supposed to be closed.

Also, should unit owners be allowed to install storm shutters? And some residents have reported problems with ants. The board will consider what measures beyond the usual pest control it needs to take.

The meeting happens 7 p.m. at the usual location -- River of Life Christian Church, 6605 Krycul Ave., Riverivew.

Sunday, May 15, 2011

Next HOA Meeting - May 24

The HOA board hopes that increasing frequency of meetings to monthly has given people more opportunities to attend HOA meetings. Technically they're called "HOA Board Meetings" but all unit owners are invited, and would be welcome even if it weren't the law.

The next meeting comes in just over a week. Tuesday, May 24, at the usual location. If you don't know where it is, the address and a Google map below will show you.

The board has discussed moving the "Open Owner Forum" portion of the meeting up higher on the agenda. That way, if you show up just wanting to ask a question or raise an issue, you don't have to sit through the entire meeting before the board opens it up for questions.

Would that make you more likely to attend? Have you noticed anything going on in the community that the board should know about? Remember, the board members are just fellow owners who volunteer to take on extra responsibilities for the sake of our community. They can't see everything. And they can't take action on things they don't know about.

They're also not miracle workers. When the community faces challenges, it needs people's ideas to help solve them. This means you. If you have a particular passion about something that could make you a good resource for your community, speak up.

We were fortunate that we had a CPA serve as the HOA treasurer. Her expertise helped immensely during our budget process. And even though she no longer serves on the board, she has volunteered to look over our budget before the board votes on it.

Even if you can't make meetings, you can offer feedback or help by emailing the board at mailto:board@stcharlesplace.us.

River of Life Christian Center
6605 Krycul Avenue
Riverview, FL 33569



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Sunday, April 3, 2011

Next HOA Meeting - April 26

Last year the HOA board voted to go from holding meetings quarterly to monthly so that more people could attend. They are open to any owner in the community. And there is an open forum for owners to raise any issues or concerns they have.

The next meeting is 7 p.m. April 26 at the usual location.

River of Life Christian Center
6605 Krycul Avenue
Riverview, FL 33569



View Larger Map

Tree Line Approved

At the most recent HOA meeting, the board approved planting a hedge along two roads to increase the community's privacy, and to prepare for the day that developers destroy the trees and green space on the property between US-301 and Dartmouth Hill Road.

The first will be on the eastern side of Dartmouth Hill. When mature, the plants will provide a solid hedge line that will help block light — and some of the noise — from businesses and US-301.

We don't know when that property between Dartmouth Hill and US-301 will be developed, and when those trees that buffer us from US-301 will come down. But the land is zoned commercial and plans are already on file with Hillsborough County for a bank and a gas station to go in there.

It's going to happen; it's a matter of when.

By planting a hedge line now, when development appears to be years away, we buy plants when they're small and easy to install, and give them time to grow into a green privacy wall.

The other location is behind the units on Dartmouth Hill north of Johanna that back up directly onto US-301. Their homes are exposed to anyone driving by as well as noise and light from both the highway and the shopping center across the street.

As with the other hedge line, its benefits will not come immediately. But the board believed that making an investment now would pay much bigger dividends in the future.

Lift Station Repaired

On a ship, the toilet is called the head. When you sail, they warn you not to flush anything down the head that did not go through your head.

The plumbing systems in our homes can handle more than that, but not as much as people use them for, warns the man who services our lift station.

What's the lift station, you ask?

When you flush the toilet, the contents eventually go to a county waste water treatment center. But first, it goes to a big tank with a couple of pumps called a lift station.

Ours is located in a fenced-in area at the corner of Hawthorne Trace and Johanna. Plumbing from our units leads to it, where it collects until our pumps send it into the county lines on its way to the treatment plant.

February 17th, a circuit breaker tripped and shut off both of the pumps. Sewage backed up until it pooled on one of our streets.

One pump came back on as soon as electricity began flowing to it again. The other needed major repairs. Robert Spicher, the man who services our lift station, says we can get by with one pump for short durations but long-term it won't be enough to do the job.

Spicher completed the repair job on the second pump last week. Both of our pumps are working normally now.

He warns that we risk damage to the pumps — and expensive repair jobs for the HOA — by flushing things down our toilets that we should not. Things like napkins, paper towels, tampons, hair, pieces of clothing routinely turn up during repair jobs, Spicher says. The things he finds astonish him.

Yeah, I know. The tampon label says it's flushable. But Tampax doesn't have to pay the $5,800 repair bill for a broken pump. Or $12,000-14,000 to replace one that can't be fixed.

When you flush the toilet, it looks like whatever you put into it simply disappears. But it doesn't. The easier you make it on your community's plumbing system, the better it will work and the cheaper it will be to maintain.

Please put some thought into what you put in your toilets and wash down your drains.

Monday, March 21, 2011

Another Month Already? HOA Meeting Tomorrow

Apologies for not being more actively reporting community news lately. Think of it as no news is good news.

The HOA meets tomorrow night at 7 p.m. at its usual meeting place. Address and map are below.

River of Life Christian Center
6605 Krycul Avenue
Riverview, FL 33569



View Larger Map

Monday, February 21, 2011

HOA Meeting Tomorrow Night

The HOA meets tomorrow night at 7 p.m. at its usual meeting place. Address and map are below.

Among the subjects for discussion are efforts to re-start a Community Watch program, and whether to begin planting a "tree line" along Dartmouth Hill to create a buffer between future commercial development between Dartmouth Hill and US-301 and rules for the fining committee.

If you own a home in the community, your input is welcome.

River of Life Christian Center
6605 Krycul Avenue
Riverview, FL 33569



View Larger Map

Saturday, January 22, 2011

Collecting Fees from HOA Deadbeats

Many of us bought our homes to live in them. Others purchased theirs as investment properties. Most pay their HOA dues just like the rest of us. Some do not. A few have run thousands of dollars behind — even as they collect rent from tenants.

A Florida law passed last summer gives the HOA power to fix that. It allows the HOA to have the tenant pay rent directly to the HOA to collect HOA fees that the unit owner should be paying. St. Charles Place HOA is beginning to put this tool to work.

It is important to remember that the renter is almost always an innocent bystander caught in a situation that he did nothing to cause. Renters are our neighbors and we want the HOA board to work with them as allies in a cause rather than adversaries, though the law allows the HOA to evict renters who do not cooperate.

This new rule is just a tiny subsection of a huge law that governs homeowners associations in Florida. You can download the entire thing here.

On page 46 of 103 of the PDF Florida law SB 1196, subsection 11 of section 718.116 states:
If the unit is occupied by a tenant and the unit owner is delinquent in paying any monetary obligation due to the association, the association may make a written demand that the tenant pay the future monetary obligations related to the condominium unit to the association, and the tenant must make such payment. The demand is continuing in nature and, upon demand, the tenant must pay the monetary obligations to the association until the association releases the tenant or the tenant discontinues tenancy in the unit. The association must mail written notice to the unit owner of the association’s demand that the tenant make payments to the association. The association shall, upon request, provide the tenant with written receipts for payments made. A tenant who acts in good faith in response to a written demand from an association is immune from any claim from the unit owner.

(a) If the tenant prepaid rent to the unit owner before receiving the demand from the association and provides written evidence of paying the rent to the association within 14 days after receiving the demand, the tenant shall receive credit for the prepaid rent for the applicable period and must make any subsequent rental payments to the association to be credited against the monetary obligations of the unit owner to the association.

(b) The tenant is not liable for increases in the amount of the monetary obligations due unless the tenant was notified in writing of the increase at least 10 days before the date the rent is due. The liability of the tenant may not exceed the amount due from the tenant to the tenant’s landlord. The tenant’s landlord shall provide the tenant a credit against rents due to the unit owner in the amount of monies paid to the association under this section.

(c) The association may issue notices under s. 83.56 and may sue for eviction under ss. 83.59-83.625 as if the association were a landlord under part II of chapter 83 if the tenant fails to pay a required payment to the association.

Some opinions from law firm blogs here in Florida:

http://cuevaslaw.wordpress.com/2010/08/19/95/


This one indicates that the HOA could go after past overdue HOA fees: "The recent changes to the law allow an Association to demand that renters pay all rents directly to the Association in the event that the unit being rented is behind in their maintenance, until the delinquency is cured." However the law's wording "that the tenant pay the future monetary obligations..." contradicts that.

http://www.rkayelaw.com/tags/60/sb-1196


A new subsection (11) has been added to Section 718.116, which provides for the authority of an association to collect rent from a tenant occupying a unit that is delinquent to the Association in any monetary obligation. The association is required to make written demand on the tenant, with a copy to the unit owner, and may only collect rent to the extent of the unpaid monetary obligation to the association. If the tenant does not pay, the association may evict the tenant as if the association was the landlord. However, the statute does not provide for the ability of the association to assess the costs involved against the unit. It also contemplates the possibility of a receiver collecting the rent.

http://www.mondaq.com/unitedstates/article.asp?articleid=103018

A new Section has been added (Section 718.116(11) – Tenants to Pay Rent to Association) which states that if a unit is occupied by a tenant and the unit owner is delinquent in paying any monetary obligation due to the association, the association may demand in writing that the tenant pay all future rents and other monetary obligations related to the unit directly to the association. The association must provide written notice to the unit owner of the association's demand on the tenant. The tenant must comply with such demand until the association releases the tenant or the tenant ceases to occupy the unit. If the tenant fails to direct the required payment to the association, the association has the power to issue notices under Section 83.56 and may sue for eviction under Chapter 83 as if the association were a landlord under Part II of Chapter 83.1

http://www.lawyerspedia.com/Legal-News/Florida-Condominium-Law-Updated.html

Florida Statute 718.116(11) Tenants who occupy a condominium unit must pay the condominium association upon written demand by the association, monies owed to the unit owner directly to the association instead if the unit owner is delinquent in payments to the association. To enforce this right the association must mail written notice to the unit owner of the association's demand that the tenant pay the association directly. A tenant who acts in good faith paying such monies to the association is immune from any claim from the unit owner. If a tenant fails to pay the monies to the association after proper demand, the association is allowed to file an eviction action as if the association was the landlord.

More resources:

http://www.floridacondohoalawblog.com/2010/06/articles/assessmentscommon-expenses/condos-hoas-and-coops-will-have-the-ability-to-demand-rent/

http://www.houselogic.com/articles/delinquent-hoa-fees-how-collect/

http://www.sunshinestatenews.com/story/condo-associations-put-hammer-down-renters

http://yourorlandoconsultant.wordpress.com/2010/07/28/hoas-may-collect-past-dues-from-tenants-in-florida/

http://www.floridacondohoalawblog.com/tags/hoa-law/