A Message from the Board….
Many of the residents may not know much about us, but we happen to be individuals who genuinely care about our community. We are professionals who volunteer our personal, and business time to address the needs of this community no matter where we may be situated at any given time.
We do not profess to be perfect and we are always open to suggestions as to how to improve the quality of life in our Community, financially or otherwise.
However, we are not going to allow the propaganda of those few disgruntled owners who continue to dwell on the past or who thrive on causing drama to confuse or dissuade others as to how this Board has worked to bring this Association back from the brink. We have and will continue to look out for everybody’s best interests, including those of the few naysayers, whether by pursuing an insurance claim, taking the necessary steps to ensure that maintenance and other fees are paid timely, having qualified property management in place, enforcing the rules and regulations of our community, maintaining the grounds and other common areas, and improving our balance sheet so as to keep up our community in a first-class manner for both current and prospective buyers.
We are a community of 61 units and also understand that not everyone will ever agree in unison to any one action taken by the Board. But we as board members are also owners. We pay the same maintenance and assessments and we’re all in the same boat.
In summary, we do not serve on this Board for an award, or even for a pat on-the-back of thanks. We put aside the insults and innuendos lobbed at us by certain residents and try to protect each unit owner’s investment and the right to peacefully enjoy the community you bought into in the first place.
As we already enter the holiday season, we wish each and every one of you a happy holiday season. Rest assured that we will continue to do what is in the best interests of all Greens owners and look forward to continuing to work with and for you. We can be reached by e-mail thegreensnewsletter@gmail.com
Delinquent Accounts
The HOA relies on the timely payment of all maintenance fees, roof loan payments, special assessments and other direct billings from its residents.
Unfortunately, as of the end of October 2009 The Greens is behind in revenue/collections by nearly $31,500. We have three (3) units (denoted as A, B and C below) which are severely in arrears (aggregate $26,837.36) and a few other units behind (aggregate $4,672.90), including some of whom that have not yet made the final $750 special assessment payment which was due on October 15, 2009 or other payments due and owing The Greens.
Unit A $8,439.77 in arrears
Unit B $8,596.77 in arrears
Unit C $9,800.82 in arrears
Following attempts to remedy the matters pertaining to units A, B, and C, internally, we did not receive even the courtesy of a response from two of those unit owners. Each of these delinquent files were subsequently sent to our outside legal counsel for collections action which has included an attorney demand letter, followed by a lien being placed on the unit, followed by litigation which is now pending. The other, smaller delinquencies, if not remedied will be pursued in small claims court.
All legal expenses related to the aforementioned collections activities are/will be collected by the law firm directly from the unit owner (or through the litigation) and are not a direct expense of the Association.
The effects of these delinquencies are discussed further in the financial update, below.
Financial Update & FY 2010 Budget Development
Based on September 2009 financials, The Greens is behind nearly $31,500 in revenue due the Association, as a result of the aforementioned delinquencies.
However, on a positive note, to help offset the current shortfall on revenue due and owing the Association, the Board, by way of example, has also managed to reduce some of the YTD expenses including for the following major categories: The utilities portion of the budget is some $3,143 under budget year to date; Insurance expenses are under budget by $13,272 due to the board obtaining a lower premium for the last six-month period (6/1/09-12/31/09).
As you recall, a special assessment of $3,000 per unit (payable in four installments) was passed to allow the Association to make certain outstanding structural repairs and also recoup funds for our accounts. Of the $183,000 in income due the Association through the assessment, approximately $46,000 was allocated to structural repairs with the remainder of the assessment dedicated to replenish our reserves.
This year, the Greens has been forced to effect some $33,971 in structural repairs year-to-date, with up to another $30,000 of necessary structural repairs to be conducted before the end of the calendar/budget year. It is fair to say that some twenty-plus (20+) units will have experienced some major structural (primarily roof or stucco) repairs over the past few years and most buildings also had broken or missing tiles replaced as well. The above will bring the 2009 structural repair total to approximately $64,000 rather than the estimated $46,000 and this coupled with the shortfall in revenue resulting from owners not paying their common charges and assessments during this national and regional economic downturn has proved challenging, at best, to manage. Notwithstanding, with the savings in other areas, we are managing.
Additionally, we are pursuing a claim with the Association’s prior insurance carrier (further discussed later in this newsletter) in an attempt to recoup as much of our financial outlay reference structural repairs (e.g. roof), as possible.
While it is accurate that we discussed at our May 2009 meeting that given the reduction in our insurance premiums the Board might consider extinguishing or lowering the fourth installment of the special assessment ($750 payment of October 2009), point-in-fact is that the special assessment for $3,000 has enabled us to weather this storm especially given the fact, as outlined above, that some owners are not paying their Greens monthly fees, special assessment or other fees assessed to certain individual units.
Given all that we know about the current receivables, if we did not enact the $3,000 Special Assessment or had we even extinguished the last $750 payment, then we would have been left with the choice of potentially being in an precarious financial position, or a number of units would have continued to have major structural (e.g. leak) issues leaving the Association with even more exposure, not to mention that re-sales as a whole in the community, of which we have had four (4) since June 2009, would be significantly and dramatically reduced.
While we are sensitive to the global economic situation and the adverse effect it has had on many of us, if all owners paid their fees timely, perhaps the scenario regarding the extinguishing or lowering of the October 2009 $750 special assessment would have had a different outcome. Notwithstanding, if we are able to obtain significant proceeds, if any, through our insurance claim, we will certainly revisit and explore options to reimburse unit owners.
We are currently developing the FY2010 budget which will be discussed at this November’s budget meeting, tentatively scheduled for November 19, 2009 at 6pm at Prime’s office. We are also exploring options for those owners unable to attend in-person to listen-in to this meeting electronically. A draft of the proposed budget will be made available on the PrimeConnect website prior to the meeting and a formal notice of the budget meeting will be posted at the announcement boxes throughout the community shortly. With the proposed FY2010 budget, we will certainly make all efforts to keep our maintenance fees stable; however we must also take these arrears into consideration as we develop the FY2010 budget, especially if one were to assume that each of the currently delinquent units does not make another payment in 2009, something that we hope will not be the case due to our collections activities, an annualized projection through December 31, 2009 would have revenue, due to owners not paying fees, approaching negative $50,000.
Property Management Services RFP
Prime Management’s first year of its renewal contract to manage the Greens is set to expire shortly. As set forth in the Agreement, the Association has the right to opt out of the Contract.
To that end, and as was performed in summer 2008, a “Request for Proposal” (RFP) has been sent out to various area property management firms including Prime, Splendid, Luxe, Mahogany, and Down East. Note, Campbell declined to participate.
Interested firms have been asked to supply the Board of Directors with an outline of expected management responsibilities, a qualification questionnaire, a listing of like managed properties, an opportunity to submit examples of management and financial reports, an outline of staffing for principals and key staff and finally, a fee bid data collection form.
This information is due back by mid-November at which time the responses will be qualified and reviewed the Board of Directors before further action and a determination is made.
Insurance Claim
The Association has retained the services of a Public Adjuster (on a contingency basis paid at 10% of any net recovery) to assist the community with its pending claim being pursued with the property insurance carrier as it relates to structural issues (e.g. roof/stucco water leaks) which have been plaguing the community for the past few years. The Association, with the assistance of the Public Adjustor, is seeking reimbursement for out-of-pocket and potential future expenses related to these problems
During the week of October 26, 2009, the Public Adjustor’s inspectors were once again on-site (they were previously on-site during the Summer and in September) to gather information including checking the structure(s) (e.g. roofs, windows, stucco) for evidence of prior and current damage, and, through a cooperative effort, the inspectors were able to gain entry into 50 of 61 units, to look at interior drywall as well.
The next steps, following compilation of the inspectors’ report (which will take approximately 30 days to complete), is for the Public Adjustor and Insurance Company Adjustor to agree on a neutral umpire who will then oversee a joint appraisal process reference the claim should the Public Adjustor and Insurance Company Adjustor not be able to come to an agreement prior regarding coverage and payment, if any, under the claim.
Prior to engaging the services of the Public Adjustor, we explored other available rights and remedies via legal counsel. While we are hopeful that the Association will be able to recoup at least some of the monies expended over the past few years for structural repairs, there is no guarantee. Nonetheless, we will keep you updated as to any major developments reference the claim. We are informed that this process will likely take a few more months.
Pool Area
The HOA has recently replaced the pump system at our pool which will remedy the issues which arose over the summer regarding water levels and debris.
Additionally, in early November 2009, the pool will be out of commission for approximately one (1) week to allow for the draining and repair of the pool, including necessary resurfacing. Notices will be posted at the mailbox area and pool as to the closure and reopening dates.
The HOA is working with RJI Contracting to finalize a design and construct a cover for the pool equipment so as to protect them from the elements and extend the equipment’s useful life. As you may recall, a cover was in place in the past but was destroyed during a previous storm.
The HOA reduced the number of weekly visits of the janitorial company which maintains the pool area (furniture, deck, trash removal, restrooms) from three to two.
Bar Code Policy
As of December 1, 2009, we will begin enforcing the policy, endorsed by the Master Association, that any unit which is over 90 days past due with Maintenance Fees and/or Special Assessment payments will have all Bar Codes assigned to that unit deactivated until the delinquent account is brought current. Security will be provided with this information and those affected by this policy will need to make further entry into community through the Guest Lane procedures.
The Master Association has determined that associations can request temporary suspension of Resident barcodes as the utilization and issue of the Bar code is a privilege granted to Residents by their Association through the Master Association. Current Florida Case Law has upheld the Association’s right to deny access to residents through the use of Bar Codes, "Clickers" and RF devices when resident is in excess of 90 days in arrears of his Maintenance Fees (including special assessments). While access cannot and will not be fully denied to the resident, any guests or tenants, the privilege of entry with a bar code, etc., can be removed and temporarily suspended until an account is brought current.
Landscaping
The problem of “White Fly” has returned to South Florida. With “White Fly,” the leaves of ficus trees infested with whiteflies begin to turn yellow before the leaves are dropped from the plant. Ficus trees without their leaves are one of the most obvious symptoms of a whitefly infestation.
Once again, we have had our Ficus sprayed with a treatment to attempt to prevent destruction by Whitefly. The Whitefly is being monitored carefully and may require additional treatments over the short-term. We do have a 90-day guaranty on the initial treatment.
Additionally, we have had a few trees within the community affected by Ganoderma, a tree disease which invades the base of palm trees up to a height of three to four feet above the ground. Unfortunately there is currently no effective treatment for Ganoderma and affected trees must be removed. Should you believe that a tree is affected with this ailment, please contact Prime Management so that they can call in an Arborist to inspect.
Finally, over the next few weeks, we will be installing new plantings around the pool area and at the main Greens entrance.
Rental of Units
Owners are reminded that any rental/lease of their unit requires that an application for such rental be submitted to the Board for review, background check and approval (including the tenants acknowledging receipt of The Greens Rules & Regulations booklet) prior to the commencement of a tenancy. Further, there are certain deposits and application fees which must be paid.
The minimum lease term, as set forth in our governing documents is three (3) months. Any renewals or extensions of a lease following the initial term require that a new lease or addendum be placed on file.
In recent times, there have been a few unit owners who have failed to submit the necessary documentation and gain pre-approval prior to the commencement of the tenancy. Any unit found to be in a leasing arrangement which is not on file with the Association will have that tenant’s barcode access deactivated, will have usage rights to the facilities (e.g. pool) suspended, and the tenant will receive notices to cure until such time that the situation is rectified.
There have also been recent inquiries from residents and realtors as to the number of units currently being rented in The Greens given mortgage lenders new guidelines in this region. As of this writing there are four (4) units currently being rented.
Costco Gas Station Proposal
Recently we made you aware that Costco, located across from the main entrance of the Country Club is proposing to build a gas station. We sent out an informal survey electronically in early October for a yes or no vote on the gas station and of 22 responses received, 12 were “yes” and 10 were “no.” A number of “no” responses came with comments, all of which were forwarded to the Master Association.
Cleaning-Up
When using the pool area or other common areas, please straighten-up the area you used and throw away your trash when finished. We have received calls and correspondence stating that a number of persons when finished at the pool do not replace the chairs or dispose of their trash.
Additionally, if children wish to play with chalk to draw on the street, please take a garden hose or bucket of water to wash it away completely once they are finished playing. We recently received a comment about this from an area realtor.
Painting of Buildings & Driveways
As has been discussed at prior Association meetings, it has been contemplated that repainting of the buildings, driveways and walkways will occur during early 2010. We would be maintaining the same color scheme. Over recent budget cycles we started planning for this project and the Association is currently soliciting bids from vendors, including Hartzell who was the painter on the prior painting project. We will review the bids and keep you abreast of any further plans reference the painting.
Master Association Update
The Master Association is completing the lighting project on the island behind--the gate house as you pass through the main entry point to the Country Club. Once complete, there will finally be lighting in that area. Additionally, over the next few weeks, the Master Association will be changing the fixtures on the lighting by the North Gate to blend in better with the other fixtures throughout the Country Club.
The Master Association is currently negotiating a new bulk agreement with Comcast commensurate with other communities in the area.
As many of you know, the Master Association has retained the services of Splendid Property Management as its management company. The Master Association has requested that any inquiries, requests or comments to the Master Association regarding Master Association matters be provided to the parties’ home community Board and/or management who will then forward said communication to the Master Association.
Changes to the Exterior of Your Unit
As we have a number of new residents in The Greens, everybody is reminded that if you are planning on making any modification, renovation or alteration which will affect the appearance of the exterior of your unit, you will need to obtain approval from the HOA prior to any modification, renovation or alteration taking place. Please contact Prime Management at (561) 997-4045, cscanlon@primemg.com or log on to The Greens website on Prime Connect for the necessary paperwork. Included in this policy are change of garage doors, installation or removal of hurricane shutters and change of windows among any other exterior modification.
This policy is strictly enforced so that as neighbors we are protected from anyone who wishes to alter the outside of their unit in a way that could cause damage to a common area and/or compromise our home values and the general aesthetics of the neighborhood.
Update of Unit Owner Information
At the request of the Boca Golf & Tennis Property Owners Association (“Master Association”) we must provide updated unit owner/occupant information, including to security.
Please respond via e-mail thegreensnewsletter@gmail.com , fax (561) 989-5156 or US Mail (The Greens c/o Prime, 6300 Park of Commerce Blvd. Boca Raton, FL 33487 attn: C. Scanlon) with the following information:
-Owner(s) Name
-Home, business, mobile telephone numbers
-Email Address
-Auto information (year/make/model)
-Out-of-state address
-Name of children under 18
-Name and type of pets
-Name of tenants and expiration date of lease
Trash Removal
As we have a number of new residents, a reminder that waste, and garbage must be placed in garbage containers with secure lids with trash/garbage bags in the containers tied securely so that wind or animals cannot spread the items should the garbage container fall over. Trash left outside in trash/garbage/plastic bags and not placed in a container with a secure lid is prohibited. Garbage is collected on Tuesday, Friday, recycling on Tuesday. Newspapers, magazines, flattened, corrugated boxes, catalogs, and phone books shall be placed in the yellow containers. Aluminum (beverage cans, foil and pie plates), glass, plastic drinking boxed, and milk and juice cartons should be placed in the blue containers. Vegetation collection is on Friday. Palm Beach County rules state that material may be placed outside after 5:00 P.M. the day before pickup and must be recovered before 6:00 P.M. on the pickup date. The days of pickup are subject to change. If a change occurs, you will be notified.
Dog Walking
The Country Club continues to have a problem with people not picking up after their dogs. If anyone witnesses a dog owner not picking up after his or her dog and can identify who that person is and what community they live in, please report it to the HOA or Security so the information can be passed along to the Master Association for fining and other appropriate action.
Parking Regulations
No vehicle may be parked on the roadways of The Greens between 2 a.m. and 6 a.m. Vehicles parked in the street overnight will be noted and tagged and ticketed by the Boca Country Club security officers. Trucks, pick-up trucks, boats, campers, and recreation vehicles may not be parked anywhere within the confines of The Greens between 6:00pm and 8:00am. and no parking of any vehicle in a driveway other than your own is permitted without the permission of that homeowner. No driving or parking of any vehicle is permitted on the grass at any time or anywhere on the property.
