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

Present: George Burger, (Chair.), Sue Artz, John Malacina, Bud Prentiss, Bob Seneca, Pete Traverso and Bruce Vermette

Absent: Earl Haas and Steve Kennedy

Management: Dianne Brophy, Deed Restriction Secretary

Other Member/Visitors Present: Claudette Romano, John and Margie Carroll, Bruce Miller, Vic Claussen and Nick Gizzi

Chairman Burger called the meeting to order at 9:00 am. Roll call was taken. Minutes of the August 13 workshop meeting accepted as corrected, the Minutes of the August 23 workshop were accepted as corrected and the Minutes of September 4 were accepted as corrected.

John Malacina stated that he was not present for the September 4 meeting where Section 21 was discussed and rewritten. He said he would of liked to have seen the committee focus in on what is allowed rather than not allowed. Examples given were number of ladders allowed on truck and tool boxes. George Burger said that the committee will go over the Deed Restrictions again and there will be more additions and deletions.

Section 22 Three (3) Day Vehicle Pass: Discussion ensued regarding the visibility of the passes from the road. Section 22 does not state that the pass has to be on the vehicle, but it does reflect that on the pass. A sentence will be added. It will read, "The pass must be visible from the road," and the pass not exceed three (3) days.

Section 23 Owners Responsibilities Pete Traverso said to eliminate subsection (a) as all owners now have to connect to central sewer and water. Pete Traverso also said Section 23 should be rolled over into Section 30 as they say the same things regarding owners being responsible for the violations of the tenants, guests and guests of tenants. Discussion continued regarding the responsibility of the owners of rental property and their tenants. Pete Traverso stated that public notice is given when the Deed Restrictions are recorded. Claudette Romano suggested that when the new Deed Restrictions are recorded that copies are sent to all property management companies. It was suggested that an article be put in the West Ways regarding owner’s responsibility. The Committee decided that Section 23 will be eliminated and put into Section 30.

Section 24 Association Membership and Assessments: The section heading will be changed to read,

"ASSOCIATION MEMBERSHIP, ASSESSMENTS AND FEES." There was much discussion regarding Section 24. Pete Traverso said the Association attorney should be contracted for a legal opinion. John Carroll asked what does maintenance of canals mean. Pete Traverso stated, I believe it is in the Antes Decision. Nick Gizzi stated all maintenance within the circle. Pete Traverso stated that , but not limited to," should be added before maintenance of the Rotonda West waterway system. The second sentence in Section 24 will now read, "Annual assessments and special assessments levied by the Association shall be used for, but not limited to, maintenance of the Rotonda West." Pete Traverso talked about the meeting he and Nick Gizzi went to at the Public Works Department. He stated it was a positive meeting for Rotonda West.

Nick Gizzi stated the last sentence is Section 24 where it states "The Association shall have a lien securing all unpaid assessments, charges, costs, fines and other amount property levied against the owner’s Lot/property." The Association cannot lien for fines. Discussion followed. George Burger stated we can take the property owner to Small Claims Court. In subsection (a) where it now reads, "defined in Paragraph 4, herein agree," will now read, "defined in Paragraph 4, herein, agree."

In subsection (b) change the percentage rate to "eighteen (18) percent."

In subsection (i) change to read, "any assessment payment not received by due date shall be termed delinquent."

In subsection (ii) the administrative fee needs to be increased. Pete Traverso stated that there should be language that saying fees set time to time by the Board of Directors. Do not lock yourself into a specific fee. Pete Traverso stated that the committee should review Section 8 of the Rotonda Sands Conservation Association, Inc. covenants for this section. The committee decided to review Section 24 at it next meeting.

Section 25 COVENANTS - RESTRICTIONS remains as is.

Section 26 DURATION OF DECLARATION to be eliminated

Section 27 and Section 28 remains as is.

Section 29 COMPLIANCE it was suggested that the language be changed so it will now read, "Every owner, tenant and occupant shall comply with these Restrictions and Covenants as set forth herein and any and all changes and guidelines as authorized by these Deed Restriction and adopted by the Board of Directors."

Chairman George Burger said there will be a workshop/meeting on Tuesday, October 16, 2007, at 9:00 am.

Stan and Charlotte Plizga came to the meeting to talk about the house next door to them at 686 Boundary Blvd. The house is being built by Brigon Builders. The owner has stopped paying the builder for work done and it is going into foreclosure. The house was approved prior to the "Clean Site Program" being instituted. The options were explained to the Plizgas and they were told that the high grass problem has been turned over to the County for cutting.

There being no further business the meeting was adjourned at 11:10 am

The next regular meeting will be November 6, 2007, at 9:00 am.

Respectfully submitted,

Dianne M. Brophy
Secretary