Rotonda West Association, Inc.
Deed Restriction Committee
Minutes
May 1, 2007

Present: George Burger, Chair., Sue Artz, Earl Haas, John Malacina, Bruce Vermette and Pete Traverso

Absent: Steve Kennedy, Bud Prentiss and Bob Seneca

Management: Dianne Brophy, Deed Restriction Secretary

Other member/visitors present: Donna & George Krabbe, Nick Gizzi and Joe Romano

Chairman Burger called the meeting to order at 9:am. Roll call was taken. Minutes of the April 3, 2007, meeting were approved as presented.

Chairman Burger stated that the committee will begin to revise the Deed Restrictions so that when the Association is turned over by the developer a new set of Deed Restrictions will be ready for approval. George said that the committee would review specific sections each month, discussion for the changes would be done at the following meeting and possible changes made. It was decided that the first 5 sections would be reviewed for the next meeting and that anything referring to the developer would be eliminated. Pete Traverso said not to rewrite what is in the current Deed Restrictions but what the committee would like to see. George Burger stated that the first four (4) sections would remain the same. Pete Traverso suggested that the committee should sit down with the attorney to re-write Section 5. The reason for doing this is that all new construction would be turned over to the Association. Pete also stated that under Section 5 there should be a NCC (New Construction Committee) and a RMC (Residential Modification Committee). In this section there should be language that a letter can be sent out to stop work if a builder is not following the submitted plans and allow the Association to charge fees for architectural review. This would offset the budgeting process–at this time Cape Cave Corporation is charging $200.00. Chairman Burger stated there is no money in the budget at this time to have the attorney work on the Deed Restrictions. Discussion ensued. It was decided that both NCC and RMC would be kept. A separate section would be setup for fee structure which could be reviewed from time to time for possible increases and the committee would be reviewing Sections 5 through 9.

John Malacina suggested that the Clean Site program be part of the Deed Restrictions. Pete Traverso agreed. John also stated that language should be inserted of what the builders need to do should a hurricane be predicted for the area.

There was discussion regarding line drops on all new construction. Motion by Pete Traverso that the Deed Restriction Committee recommend to the Board of Directors to create a resolution, joined in with the developer, that would require all power, telephone and cable TV line drops to be underground as of the recording date of the resolution. Seconded by John Malacina. Motion carried.

Motion by George Burger to recommend to the Board of Directors that the Rotonda West Association attorney write the line drop resolution. Seconded by Bruce Vermette. Motion carried.

Sue Artz suggested that the committee work on changes to the Deed Restrictions submit and them to the developer to see if he will implement them. By having the developer do this it will save having to go out to the homeowners and the expense of mailing. Pete Traverso said historically the developer has not changed deed restrictions prior to the turn over. Discussion ensued.

Chairman Burger asked the committee their opinion on having the surveyor putting a notice on cars that are not parked in compliance with the deed restrictions. It would be a warning ticket. Earl Hass said that would be immediate notification. Sue Artz asked if this could be used on boats, trucks and motor homes. Nick Gizzi stated he felt it would prolong the procedure. John Malacina suggested that this be discussed at the next meeting.

There was discussion regarding the 4 to 1 slope and who will be checking this. It was discussed that the Aquatic/Canal Bank committee have one of their members checking. Chairman Burger asked that he be notified when a home is being built on a canal. Deed Restriction office will enforce Section 17 Maintenance and Improvements within Canal Area. It was asked what committee will check to see if the slopes are 4 to 1. Pete Traverso said there is lag time from sign up to build, to the signing of the contract and receiving the needed permits to build. Discussion followed.

George Burger stated he would like to get the RWA boat and go out with the surveyor and check the backyards.

Pete Traverso stated he would like to see a tow away policy implemented.

The being no further business the meeting was adjourned at 10:30 am

The next meeting will be June 5, 2007 at 9:00 am

Respectfully submitted,  

Dianne M. Brophy
Secretary