Rotonda West Association, Inc
Deed Restriction Committee
Minutes
November 6, 2007

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

Absent: Bruce Vermette

Management: Dianne Brophy, Deed Restriction Secretary

Other member/visitors present: John & Maggie Meredith, Nick Gizzi, Ken Guillerm and Vic Claussen

Chairman Burger called the meeting to order at 9:00 am Roll call was taken. Minutes of the October 16, 2007, workshop meeting were approved as submitted.

Mr. & Mrs. Meredith were present at the meeting to explain that while they were on vacation a water pipe had burst in their home leaving an inch of water throughout. They have severe black mold due to the water and cannot live at their residence. They are requesting that they be allowed to bring their motor home to the residence and park it in the driveway until they are able to move back into the house. Servo Pro the company that is removing the water and mold said this process can take up to thirty (30) days or more. They would like to be able to be on site so they can move possessions in and out of the house. Every ten (10) days they will leave to have the waste water removed. The nearest campground is in El Jobean. George Burger asked size of motor home. Mr Meredith said the motor home thirty-six (36) feet and does not stick out into the street. The car can fit into driveway with motor home there. Mr. Meredith said he is hoping that they will be able to move back into the house before the thirty (30) days are over even if work is still being done. Pete Traverso suggested that the Meredith’s be given two (2) - three (3) passes and then motioned to recommend to the Board of Directors that this be approved. Seconded by Sue Artz. Pete Traverso stated to treat this as a hardship. Motion by Pete Traverso to allow Mr. & Mrs. Meredith a hardship pass to live their motor home in the driveway for 45 days due to flooding of their home. Seconded by Sue Artz. Motion carried.

Chairman Burger stated that Donald Kerro wrote a letter stating that he wanted to come before the Deed Restriction Committee to talk about a letter he received on October 22, 2007, regarding a truck that was in his driveway. It was a large work truck. Secretary Brophy stated that the surveyor had written a note stating the truck had been in the driveway for a couple of days and he thought that work was being done to the house. The surveyor also stated that the truck was backed into the driveway, the doors to the truck were always closed and their appeared to be no one at the house.

Vic Claussen suggested to the Committee to put an article into the West Ways stating that when people leave their homes for a vacation or even a few days they should turn the water off. Had this been done at the Meredith’s home there would not have been a flood.

Pete Traverso stated that he received a call from George Krabbe regarding a letter that had been sent to a resident of Tournament Road regarding the placement of their boat on the canal bank behind their home. Pete Traverso stated that canal bank should be defined so the residents know where the boats can be left. Discussion followed. The committee decided that the canal bank is defined as "canal area rear and side lot line and water’s edge." This language will be added to Section 17.

Chairman Burger stated that the committee is looking at Draft 3 for Sections 29 through Section 32.

Section 29 Compliance was rewritten from the previous meeting and the committee agree it is approved as written in Draft 3.

Section 30 Deed Restriction Enforcement approved as in Draft 3. Sue Artz suggested that perhaps Section 29 and Section 30 should be combined. Discussion followed. The committee agree to keep Section 29 and 30 separate.

Under Section 30 Enforcement Procedures to remain as written.

Section 30 (a) remain as written.

Section 30 (b) Initial Violation Notification it was suggested that where it says, "Owner is given ten (10) days to cure the violation." It should read, "Owner is given ten (10) calendar days to cure the violation."

Section 30 (c) Final Violation Notification it was suggested that where is says, "If the violaton is not cured after ten (10) days." It should read, If the violations is not cured after ten (10) calendar days." The committee decided to remove, a second Certified letter will be sent." It should read, "A certified letter will be sent." John Malacina questioned what could the Association suspend. George Burger stated the use of the parks and marinas. There was also discussion regarding, "Any recurrance of a violation within six (6) months of a Final Violations Notification shall be considered a continuation of the original violation." The wording will be kept the same.

Section 30 (d) [i} There was discussion regarding the fine shall not exceed $5,000.00. George Burger stated leave the $5,000.00 figure in until Attorney DeBoest reviews the Revised Deed Restrictions. There was discussion regarding the wording, "(currently $100 per single violation."

It was suggested that it could read $100.00 per day. Pete Traverso suggested not to put in a dollar amount. The Committee decided to remove, "(currently $100.00 per single violation.)"

Pete Traverso suggested that the attorney write Section 30. George Burger stated he will have to go back and read Chapter 720, of the Florida Statutes. Sue Artz suggested perhaps we could have one of the attorneys living in Rotonda West help with the language in Section 30.

Secretary Brophy asked the committee if second letters should be sent out to the owners of homes going into foreclosure. Chairman Burger said to write the letters

There being no further business the meeting was adjourned at 10:25 am.

There will be a workshop on November 12 at 3:00 pm

The next regular meeting will be December 4, 2007 at 9:00 am.

Respectfully submitted,

Dianne M. Brophy
Secretary