Rotonda West Association, Inc.
Deed Restriction Committee
Minutes
Tuesday, April 2, 2007

Present: George Burger, Chair., Sue Artz, Earl Haas, John Malacina, Bob Seneca, Bud Prentiss, Steve Kennedy, Bruce Vermette and Pete Traverso

Management: Dianne Brophy, Deed Restriction Secretary

Other Member/Visitors Present: Claudette and Joseph Romano, John Carroll, Herman Bauer, Carol Murphy and Nick Gizzi

Chairman Burger called the meeting to order at 9:00 am. Roll call was taken. Minutes of the March 6, 2007, meeting were approved as written.

Chairman Burger started the meeting with discussion on vehicles and parking. Sue Artz asked Pete Traverso the history of parking commercial vehicles under 3/4 ton with signage in Rotonda West.

Pete stated that this type of vehicle has been allowed then disallowed to park in Rotonda West. It is allowed in the Deed Restrictions and at this time the Rotonda West Association cannot change the Deed Restrictions as they are still under the control of the developer. George Burger stated that the Deed Restrictions say privately owned commercial vehicles may be parked in driveways. It does not address company owned commercial vehicles 3/4 ton and over given to employees to use. Sue Artz said no work trucks should be allowed to park in the driveway. Pete Traverso stated that would be a problem in the Oakland Hills area as many of the homes have only a one (1) car garage. Discuss followed.

Bruce Vermette stated this could be approach in three (3) different ways. The first is to grandfather what is in Rotonda West now. Second consistency with the rules. Third enforcement. John Malacina said to grandfather these vehicles would be very difficult to do. Do not grandfather anything. You also need to define "privately owned vehicles" and "company commercial vehicles." Is it practical to do this? It is fair to do this? Is this enforceable?

George Burger stated only privately owned commercial vehicles can park in the driveway other commercial vehicles cannot.

Bob Seneca said he spoke with an officer at the Sheriff’s Department and was told that Charlotte County Code Enforcement would take care of problems of this type. The secretary explained that she has spoken with Code Enforcement on many occasions but they will only enforce Charlotte County rules not association rules.

Steve Kennedy said that he gets quite a few complaints regarding commercial vehicles parked in driveways. Nick Gizzi also stated that he has received complaints. Pete Traverso asked who complains. Nick Gizzi stated he gets complaints regarding bigger vehicles. Bud Prentiss said they are covered in our current Deed Restrictions and letters are sent.

Herman Bauer talked about the criminal element in the Oakland Hills area and the recent drug arrest. He said it was renters. Bud Prentiss said you have to after the homeowner. That is the only recourse.

George Burger suggested that the West Ways be used to find out what the people of Rotonda West Association want. John Malacina motions to put an article in they West Ways asking residents of Rotonda West their opinion of commercial vehicles parked outside of garages. Seconded by Pete Traverso. Motion carried.

There was discussion regarding the police cruiser that has been parking in the swale and on vacant lots. It was decided that George Burger would contact the Sheriff’s office asking that any officers living in Rotonda West parked their vehicles in the driveway. There would be no addresses or names given.

George Burger talked about the vehicles that have been parked in the same place for months at residences throughout Rotonda West that never are moved or have no license plate or are backed into driveways so the surveyor does not know if there is a license plate on the vehicle. Discussion followed. There was discussion about vehicles parking on the grass in the Oakland Hills area. Pete Traverso stated that the Deed Restrictions allow that you can parked immediately adjacent to the driveway if you have a one car garage. George Burger stated that they are parking on both sides of the driveway. Discussion followed. The previous Deed Restrictions stated only to one side of the driveway and that was eliminated in the 2003 revision. George Burger motions that the Board of Directors consider That if in the opinion of the Deed Restriction Surveyor, a vehicle appears to be inoperable, a citation be issued and will remain in effect until it is proven that the vehicle is indeed both operable and licensed. Proof can be established by demonstrating to the Association that both conditions(operable and licensed) exist. Upon proof, the citations will be negated. Seconded by Sue Artz. Motion carried.

Steve Kennedy stated more staff is needed to do the work. You can’t expect one person to do it all. Claudette Romano stated that there is no money this year to do that. The Deed Restriction Committee should get figures together for next year’s budget to increase the Deed Restriction Committee for a larger budget to hire more personnel.

George Burger suggested that the Surveyor’s title be changed to Deed Restriction Enforcement Officer.

There was discussion regarding changing the Deed Restrictions. Pete Traverso suggested that the committee start putting together ideas for changes. Get the Deed Restrictions from other home owners associations and incorporate them into Rotonda West Association Deed Restrictions.

Carol Murphy asked the committee if there was anything they could do to help her with a problem that she is having with her neighbor who has hung wind chimes on the tree limbs near her house. She explained that you could hear them inside her house. She stated that it could fall under Section 13 of the Deed Restrictions Nuisance. Discussion followed. Pete Traverso stated the committee does not get involved with neighbor disputes.

Nick Gizzi asked who is responsible for checking on the 4 to 1 in the backyards? Pete Traverso stated that the development has the owner and the builder sign a form according to Rotonda West Association rules to have a 4 to 1 slope on canal banks. It is up to the Association to enforce this rule not the developer. There was discussion regarding this matter. Pete Traverso stated that a 4 to 1 slope does not work on all lots. The Aquatic’s Committee used to have someone check on these. This has not been done for a few years. Discussion continued. This section of the Deed Restrictions needs to be revisited.

There was discussion about the new golf course and the moving of the cart paths . Nick Gizzi asked by moving the cart path are these lots owned by the golf course now buildable. Pete Traverso said if that is allowed you will be able to build on these lot. This is a Board of Director’s problem.

The being no further business the meeting was adjourned at 10:40 am

The next meeting will be May 1, 2007.

Respectfully submitted,

Dianne M. Brophy
Secretary