PLAZA EAST ASSOCIATION
MINUTES OF SPECIAL MEETING OF THE BOARD OF DIRECTORS
June 21, 2006
Mr. Charles Packard,
Vice President called to order a duly constituted special meeting
of the Plaza East Board of Directors on Wednesday, June 21, 2006 at
7:35 p.m. in the Recreation Room for the purpose of levying an
assessment to pay for the increase in insurance premium; for the
Board to decide if they want to put before the membership a vote
for mandatory shutters; and for the Board to decide if they want to
put before the membership a vote to change our voting process to
75% of votes cast.
Present were: Ismet Baker, James Brady, Rafick Henein, Terry
Marcum, Charles Packard, DiAnne Shumard, Tim Smith, Alex Soufrine,
John Toklucu. Also present Willy Lopez, Manager and Helene
Pasternak, Secretary.
Absent: Richard Loarie, Allen Pell
A quorum was established.
SPECIAL
ASSESSMENT FOR INCREASE IN INSURANCE
PREMIUMS
Our building insurance which includes wind insurance has been
cancelled because our company will no longer insure our building
since we do not have 100% coverage of shutters and/or impact
windows throughout the building.
Therefore, in ordered to be covered, we have to go with Citizens
Insurance. Citizens’ charges are much higher and have a 5%
deductible instead of 3%. Also, we had a re-appraisal of the
building and that has been increased from $41 million to $56
million.
Citizens’ demands full payment instead of quarterly
payments.
Our budget for 2006 for insurance is $381,663.00. The new insurance
including finance charge ($4180.50) and Doc Stamps ($1480.50) is $
747,759.00. We are therefore unfunded by $366,096.00. In order to
pay Citizen’s in one payment, our Insurance Broker is able to
get us 3 months financing at a rate of 5.90%. This rate was 9.20%,
but our Manager, Mr. Lopez was able to have this reduced to the
current 5.90%.
James Brady made a motion seconded by Tim Smith to assess unit
owners $366,096.00 to cover our shortfall in insurance premiums for
fiscal 2006. All voted Aye.
James Brady made a motion seconded by Tim Smith to accept financing
contract proposed with Premium Assignment Corporation at 5.90% and
make assessment to unit owners over a 3 month period to cover
shortfall of money due from the Association’s Insurance
Budget of 2006. All voted aye.
After much discussion that the insurance must be paid as quickly as
possible as we only have until the end of July, 2006 to pay the
entire premium, and we must give owners 30 days notice for payment,
Alex Soufrine made a motion, seconded by Tim Smith to amend
previous motion and to change payment schedule from 3 equal
payments to 2, and assessment to begin as soon as legally possible.
(Secretary’s Note: Payments will be due July 26, 2006 and
August 26, 2006. All voted Aye.
MANDATORY
SHUTTERS/IMPACT GLASS WINDOWS
In accordance with
Florida Statutes, Condominium Act 718.113 and 718.115, the Board
may adopt hurricane shutter specifications for the Association
which include color, style and other factors deemed relevant by the
Board. All specifications adopted by the Board shall comply with
the
applicable building code. The Board may, subject
to the provisions of s.718.3026 and the approval of a majority of
the voting interests of the condominium (50% +1), install hurricane
shutters and may maintain, repair, or replace such approved
hurricane shutters in common areas and units. If a unit has high
impact glass, no shutters are necessary. The expense of the above
would be a common expense; however, if an owner has hurricane
protection which complies with the applicable building code, they
shall
receive a
credit equal to the pro rata
portion of the
assessed installation cost assigned to each unit. However, all unit
owners are responsible for the pro rata share of expenses for
hurricane shutters installed on common elements.
The argument to require mandatory shutters would be to provide
protection to all units, and to hopefully reduce our insurance
costs for 2007. There is no doubt that insurance will be
significantly higher in 2007, however, if we could have Accordia as
our insurance company again, it will most likely be significantly
less than if we have to be covered by Citizens. The Association
would need to hire an engineer to determine if everyone with
hurricane shutters complies with the building code, unless owners
have proof of installation or a contract showing the shutters meet
the building code.
James Brady made a motion, seconded by Tim Smith to make mandatory
the installation of hurricane shutters in accordance with Florida
Statute 718.113(5) in all units. All voted Aye.
James Brady made a motion, seconded by Tim Smith to refer mandatory
hurricane shutters to the owners as per Florida Statute 718.113(5).
All voted Aye.
At the regular Board meeting on June 28, 2006, the Board will chose
a date for the vote and a date for when shutters must be installed.
If owners do not do their own installation by that date, the
Association may have the shutters installed and bill the
owner.
CHANGE
PLAZA EAST DOCUMENTS TO CHANGE VOTE TO 75% OF VOTES
CAST
As previously discussed
the Board again discussed changing Plaza East Declaration page 29
to XIII sub-paragraphs 1 and 2 vote on changing documents to 75%
vote of those who cast votes with a minimum of a quorum.
The documents would be changed to read:
1. not less than 75% of the entire membership of the Board of
Directors and by not less than 75% of the votes
cast by the voting membership
of the Association
with a minimum of a quorum (50%+1).
2. the following would
be deleted: not less than 80% of the votes of the entire membership
of the Association; or
DiAnne Shumard made a motion, seconded by Alex Soufrine to adopt
language to change Plaza East Declaration page 29 to XIII
sub-paragraphs 1 and 2 to state that 75% of the votes cast by the
voting membership with a minimum of a quorum. All voted Aye.
DiAnne Shumard made a motion, seconded by Alex Soufrine to submit
to the ownership for a vote the proposal to change the voting
declaration page from 75% of the entire membership to 75% of the
votes cast by the voting membership with a minimum of a quorum. All
except Ismet Baker voted Aye. Mr. Baker voted Nay.
Charles Packard made a motion, seconded by DiAnne Shumard to
adjourn the meeting at 9:20 PM. All approved.
Respectfully submitted,
Helene Pasternak
Recording Secretary