Rotonda West Association, Inc.
Deed Restriction Committee
Minutes
Tuesday April 1, 2008

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

Absent: Steve Kennedy and Peter Traverso

Management: Dianne Brophy, Secretary and Jay Lyons, Office Manager 

Other Members: Ray Stender, Bob Whiteley, Earl Haas, Leon Gorski, Nick Gizzi and Hank Artz

Roll call was taken and the Minutes of the March 4, 2008, meeting were accepted as corrected.

Chairman Burger stated the revised Deed Restrictions were given to all the committee members to be read. The committee was asked if there were any other changes to be discussed at the meeting.

Chairman Burger stated he did not want the meeting to go beyond 90 minutes. The Committee agreed.

On page 4 the 5th line from the bottom of the revised Deed Restrictions George Burger said the committee decided to remove mailbox(es) as the Post Office has regulations on mailboxes.

On page 26 of the Deed Restrictions it states we may fine up to $5,000.00 in the aggregate. State law says $1,000.00 unless our documents say otherwise. This tells us we can do otherwise. George asked the committee if they wanted to stay at $5,000.00 or reduce the amount to $1,000.00.  The committee leaves the fine at $5,000.00 in the aggregate.

John Malacina said he would like to add to Section 5 sub-section (k) page 7 Rotonda West Association’s Clean Site Program. John Malacina said he would like to see sub-section (k) more definitive. John Malacina read what he would like to see added. It read, “ALL CONTRACTORS MUST COMPLIE WITH THE CURRENT CHARLOTTE COUNTY CLEAN SITE RULES AND ALSO WITH THE CURRENT RWA CLEAN SITE PROGRAM WHICH MAY BE AMENDED FROM TIME TO TIME.
IT IS THE CONTRACTORS RESPONSIBILITY TO REVIEW AND SIGN THE RWA DOCUMENT AT THE TIME THE APPLICATIONS FOR CONSTRUCTION IS SUBMITTED.
THESE RULLES APPLY FOR BOTH NEW CONSTRUCTION AND RENOVATIONS OF EXISTING HOMES.
THE INFORMATION CAN BE OBTAINED FROM THE RWA OFFICE.’
Discussion followed. The committee approved the changes requested by John Malacina.

John said he would like to discuss home occupations and adult congregate living facilities under Section 6 Charlotte County Rules and Regulations Page 8. Discussion followed about a home in the Oakland Hills section where a resident has 4 relatives that were being taken care of in that house. George Burger said this is Charlotte County Rules.

Section 10 sub-section (a) Page 11 regarding Antennas and Reception or Transmission Devices. John Malacina said I would like to see Internet Service antennas added as another type of transmission device. Discussion followed. Committee approved the addition.

Section 15 Trash – Garbage- Outside Equipment Page 13 regarding sight screening swimming pool equipment. John Malacina said this equipment is at the back of the homes and cannot be seen.  George Burger said you can see this equipment from the sides of some of the homes. Discussion followed. The committee decided to leave this language in.

Resident Bob Whiteley said he was at the meeting to have discussion regarding sheds and storage units. Mr. Whiteley said there is no storage area in homes in Florida and he felt that sheds and storage units should be allowed. Discussion followed. Bud Prentiss said you can put up a sight screened area for storage. Mr. Whiteley said he would not leave his lawn mower outside. He went on to say they he has a shed that is grand fathered. He said all his lawn equipment is in the shed. Discussion followed. George Burger said you can have an addition on your house for storage.  It has to conform to the RMC guidelines, which state it must conform to the residential structure in roof pitch, roofing materials, exterior finish, color and overall compatibility that is acceptable to the Residential Modification Committee.

John Malacina said last change he would like to see is in Section 20 Vehicle and Parking Sub section (b) (ii) Page 19 signage on vehicles. We are not a gated community. Many of our residents have work vehicles that they take home. This is an advantage for the residents as they do not need 2 vehicles and the company may provide the gasoline. I do not believe we have a problem with signs on vehicles except for a vehicle in White Marsh. Discussion followed. George Burger asked the audience if they had any problem with signs on vehicle.  The residents in the audience said no. The committee decided that as long as the signs are neatly painted and professionally done there is no problem. Jay Lyons said language should added to read AT THE DESCRETION OF THE ASSOCIATION.  George Burger said he would work on the language for the next meeting.

George Burger said he is going to clean up the Deed Restriction revisions, present it to the Board of Directors and the developer. If the Board of Directors approve the revision it will go to the attorney for his input. I will put this on the website and ask for comments. Discussion followed. The committee suggested that the revised Deed Restrictions not be put on the website for input. Chairman Burger said he would take that under advisement. Jay Lyons explained what had to be done to show changes.

Leon Gorski and Ray Stender from White Marsh came to the meeting to discuss leaving their boat and trailers in the driveway night. Previous managers allowed this without a pass. Under the Deed Restrictions this is not allow and you have to have a 3-Day Pass. Jay Lyons said some residents abused that policy and the Association is being accused of selective enforcement. The only way to curb that practice if to follow the Deed Restrictions. Discussion followed. The committee decided that John Malacina and Bruce Vermette write the recommendation for the Deed Restrictions regarding boat and trailer and motor homes in driveway overnight.

Earl Haas said at the Aquatics Meeting on March 25th regarding plants in the littoral  zone of the canal he was asked if that is allowed because the canals and canal slopes are County property. Earl went on to say the Aquatic Committee would like to put an article in the West Ways citing a Deed Restriction saying you can plant in that area of the canal.
Discussion followed on the SWFMFD Grant for planting in the littoral zone. George Burger the residents are responsible for the maintenance of the canal banks. Sue Artz read Section 17 (b). Planting is allowed with approval of the Association on a case-by-case basis.

George Burger said the County requires a permit for docks and he would like to add language to the Deed Restrictions stating County permits are required. George Burger said this needs to be addressed either in the Deed Restrictions or the Residential Modification Application. Secretary Dianne Brophy said it is stated on the Residential Modification Application in addition to any RMC approval, modification to an existing property may require a Charlotte County Building Permit. The property owner is responsible for obtaining such permit.

Bob Seneca questioned what was being done with the property at 137 Rotonda Circle where a fire had occurred. Jay Lyons said the homeowner is not accepting the settlement from the insurance company. The only thing we can do is talk to County Code Enforcement and see if this can be resolved through a safety issue. A resident asked what was happening with the foam house on Mark Twain Lane. Jay Lyons said he spoke with  the County. The house has been red tagged and probably will be torn down. Discussion followed in regard to working with Code Enforcement on many problems with Deed Restrictions.

Meeting concluded at 10:40 am.

Next Meeting May 6, 2008, at 9:00 am.

Dianne Brophy, Secretary