The Plantations Owner’s Association

The Plantations Owner’s Association Board and Condo Council Meeting



July 16, 2011 - 9:00 A.M.

The Lewes Public Library




The Plantations Owners Board:  Board Members – Carol Reed / President, Nick Fiorino / Vice President, Sherry Minear / Treasurer, Sal Somma / Secretary, Bill Deist / Director.

Absent – Carol Reed (deceased)


The Plantations Condo Council:  Council Members – Carol Reed / President, Sherry Minear / Treasurer, Sal Somma / Secretary, Bob Dickey / Director, Elizabeth Wulkan / Director. 

Absent – Carol Reed (deceased)


            Nick Fiorino, Vice President, called the meeting to order at 9:04 AM.  He briefly spoke of Carol Reed, who died on June 26th, and her work and dedication to The Plantations.  He called for a moment of silence. 


Owners Forum (15 minutes)

            Laurie Bronstein (4E) asked about the siding replacement on bldg 4 and also standing water in one of the bldg’s crawlspaces. 

            The siding had been discussed at the last Board meeting and bids are out for bldgs 4 and 5.  These buildings will be considered for re-siding in the spring.  The crawlspace had been evaluated with the other bldgs and there were several other bldgs in worse condition.  Chris Nichols will have the downspout and grading examined for any problems that may be contributing to the water issue.


Mr. David Hutt

Mr. David Hutt, attorney for the Owners’ Association in the Sandie litigation, then address the meeting’s attendees.  He said that we are in Discovery Phase – we have submitted documents and Sandie has submitted documents.  Sandie’s responses have not been complete enough and another request has been submitted. 

            Mr. Hutt will be submitting a Motion for Summary Judgment.  This will contain three points:

1- Does the Rec Center have the right of ingress and egress.  Clearly the answer is YES.  2- In addition to having that right, they have an obligation to maintain the ingress/egress road and area.  The Covenants do not give them that right without payments.  Sandie insists that the Covenants are clear they have the right of ingress and egress and don’t have to pay a dime.  

3- If payments are to be made, what will they be?     

            Nick Fiorino asked about the specific place in the Covenants where Sandie’s attorney claims it states they (Sandie) do not have to pay.  Mr. Hutt spoke about the Covenants (Article 4, Section 2) and pointed out that this section does not reflect the present condition of ownership.

            Terry Prindle asked about the road/entrance?  Mr. Hutt stated that in his comments he views the road as an entrance.

            When asked about retroactive funds, Mr. Hutt stated that the funds collected and held in escrow by the Court are retroactive to Nov or Dec of last year. 

            Nick Fiorino asked if the lawsuit were to end with the Summary Judgment, would we save money?  The response was, yes.


            Mr. Hutt was asked to begin the process of drafting By Laws for the Owners’ Association.  He stated the Owners’ Association should have By Laws.  He also stated that the Condo Association has By Laws and a Code of Regulations.   The By Laws are subordinate to the Code of Regulations for the Condo Association.  Meaning if there is any conflict between the two (By Laws & Code of Regulation), the Code of Regulations rules over the By Laws. 

            Mr. Hutt stated that he does have generic sets of By Laws, but the Owners’ Association should submit a “wish list” of items they would want included so the final document will be specific to The Plantations.  Chris Nichols added that the Documents Committee should prepare preliminary By Laws, which would go the Board for approval and then to Mr. Hutt.  When all is said and done the By Laws will have to go to the owners for a vote.  We need 50% of the community to approve.  This would probably happen at the 2012 Annual Meeting.  Mr. Hutt noted that proxies and mail-in votes could be utilized. 


Owners Forum (continued)

            Robin Fantl (4D) asked about the water collection in the crawlspace under her unit.  This was part of the discussion above and will be investigated.

            She also spoke about a problem with an irresponsible dog owner – the dog is unleashed.  As per her phone conversation with the Property Management office, Chris Nichols reiterated the need for her to contact the county Animal Control office and follow-up with a letter, if necessary.  Copies of all letters written should also go to the Property Management office.  The Association can write letters and issue a fine, but cannot physically do anything with the dog. 


President’s Report

Approval of May Board Meeting Minutes – the minutes of the last meeting were reviewed.  There were no changes/corrections.   Bob Dickey made a motion to accept the Owners’ Association minutes as presented.  Elizabeth Wulkan seconded the motion.   All approved.  Bob Dickey made a motion to accept the Condo Council minutes as presented.  Sherry Minear seconded the motion.  All approved.  (NOTE: the minutes for the May 21, 2011 meeting were for ONE meeting.  The Owners’ Association and the Condo Council meeting together, as they had done for many years previous to the trial of two separate meetings.)


Treasurers Report

Sherry Minear, Treasurer, gave the Treasurer’s Report for the Owners’ Association:

Checking and Savings balances

            Balance in Wilmington Trust Checking             20,013.70

            Balance in Wilmington Trust Savings               16,377.36

            Balance in Vanguard (Reserve Fund)                7,091.89

                        TOTAL                                             47,482.89

Budget to Actual

            The Budget to Actual was reviewed.  Some expenditures are being held because we are over in other areas.  For this point in the year, we are on track with the budget and expenditures.

Delinquent Account Report and Collections

            The delinquent accounts were reviewed.


            Sal Somma made a motion for the acceptance of the Treasurer’s Report for the Owners’ Association.  Elizabeth Wulkan seconded the motion.  All voted in favor of acceptance.


            Sherry Minear, Treasurer, then gave the Treasurer’s Report for the Condo Association:

Checking and Savings balances

            Balance in Wilmington Trust Checking             34,166.00

            Balance in Wilmington Trust Savings             157,626.14

            Balance in Vanguard (Reserve Fund)              12,145.13

                        TOTAL                                           203,937.27

Budget to Actual

            The Budget to Actual was reviewed.  Again, some expenditures are over, but others are under.  So, overall for this point in the year, we are on track with the budget and expenditures.

Delinquent Account Report and Collections

            The delinquent accounts were reviewed.


            Sal Somma made a motion for the acceptance of the Treasurer’s Report for the Owners’ Association.  Elizabeth Wulkan seconded the motion.  All voted in favor of acceptance.



Committee Reports:

Architectural Review Committee (ARC) - Committee Chairman, Bill Deist, reported there were a couple of approvals and one denial.  Bill reminded everyone that when they are making changes, they must obtain the FORM from the Property Management office.

Bill Deist also asked about an enclosure around the dumpsters.  Chris Nichols will obtain bids for this project.  Presently, the pick-ups are on Tuesday and Friday.  There was a short discussion on the dumpsters and the pick-up schedule.


Documents Committee / By Laws -  (Mr. Hutt had briefly discussed the Owners’ By Laws.  Paul Carey, Committee Chairman, requested that the Board keep him informed and he suggested a generic By Laws be OK for us, as we have operated without any By Laws for 25 years.


Finance Committee – Sherry Minear, Committee Chairperson, previously reported on the financial issues.


Flag Committee – Ed Edison, Committee Chairperson, is not here today.  Chris Nichols reported that the lights around the flagpole are not working and are being evaluated.  Bids are being collected.


Landscaping Committee – Nick Fiorino will chair this committee until September’s Annual Meeting.  Laurie Bornstein asked to be on the Landscaping Committee and be able to speak to the landscaper.  Chris Nichols noted that the committee makes recommendations to the Board and they (the Board) then communicate with the landscaper.


Nominating Committee – Committee Chairperson, Paul Carey, reported there is no news at this time.


Owner’s Forum – Susan Spencer, Committee Chairperson, reported that the forum would be meeting on the Tuesday, July 19 at 1:00 PM. 

            Elizabeth Wulkan briefly reported on the Diners’ Club and requested that all interested individuals contact her or Susan.  She added that all requests for postings on the Bulleting Board (at the entrance) should go through her (Elizabeth), Susan Spencer or Roseanne Perrone.


Security Committee / Gates – Committee Chairman, Nick Fiorino, reported that the present security system (video camera) does exactly what it is supposed to do  - take a picture of a car and license.  Bob Bloomquist added that the State Police would not enhance any photos that were not pertaining to a murder or sexual assault.  The best we can do is adding a 2nd camera for the entrance gate.  The cost is $419 to enhance the system in this manner.  Sherry pointed out that currently we were limiting Owners expenses to “critical expenditures” only.  The matter was tabled.


Website – Terry Prindle reported that there are no complaints regarding the website, everything is going well.


Welcoming Committee - Trip Wilkinson reported that there are four new owners since the last meeting, May 21st. 


Property Managers Report (Chris Nichols)

Projects – on going

  • Crawlspace work at Building 20 & 21 – encapsulation and termite treatment complete at bldg 20 and mostly complete at bldg 21
  • Termites at Bldg 20 & 21
  • Paving of Orton Circle - completed
  • Siding Replacement at Building 1, 14, & 15 – bldgs 1, 14 & 15 are done.  The owners are replacing some windows.  When these installations are complete the contractor will return and finish the section around the windows.
  • Staining of Steps – all repaired/replaced steps have been stained.
  • Painting– bldgs 2, 14 & 22 are painted.  Bldg 15 will be done as soon as the siding is completed. partial painting has been completed at 1, 6, 13, & 21)
  • Steps at Buildings 3 & 11 – steps are being repaired/replaced at bldgs 3 & 11.  This will come from the reserve account.
  • Burm at Building 25 – landscaping installation in this area is completed and the sprinklers have been updated
  • Trimming and Plant Replacement –   The trimming is completed.  We will receive a list and prices for plant replacement.  We will then see what can be covered.
  • Fountain Issues – the two new fountains have been repaired (under warranty) and we managed to get one old fountain running for the entrance side pond.  We are short one fountain at this time.  There was apparently a surge at the meter and the fountains were damaged.  The Board decided to stay with the status quo (three fountains) at this time.

·       Pond Maintenance – Chris Nichols presented a bid from Envirotech for regular maintenance of the ponds.  Presently, they are called when problems arise.  It appears that a regular maintenance contract would be less expensive.  Chris will prepare exact figures for the Board and this will discussed at the budget meeting.

·       Roof Replacement Building 18 – bldg 18 is the worst of six roofs being considered for replacement.  The Board approved the bid from BallPeen Construction.  To date 12 condo roofs have been replaced.

There was a question about termite inspections.  When they were done, the expense became cost prohibitive.
       They were cancelled two years ago.  Sherry Minear suggested we obtain quotes on the building inspections. 

·       Light Replacements Flagpole – two of the four fixtures have gone bad and the other two cannot be opened for repairs.  So, four lights are needed.  This is a safety issue, as these are the only lights in the circle.  Sherry Minear made a motion to accept the bid for the flagpole light replacement.  Elizabeth Wulkan seconded the motion.  All approved.

·       Updated Maintenance Schedule – reviewed by the Board

·       Transfer to Reserves (Condo) - completed


Old Business

  • Sandie Law Suit – David Hutt spoke about this at the beginning of the meeting.
  • Writing of Owners By Laws – David Hutt.  This was also covered at the beginning of the meeting.
  • Adding Security Camera- also previously discussed.  It was decided the additional expense for an added camera was not justified.
  • Sal Somma wanted to publicly thank and acknowledge Kent Holm for all the work he has been doing for the sprinkler system throughout The Plantations.  The grass certainly looks very green.  Chris Nichols then informed us that although the allocated funds for irrigation have been exhausted at this time, Mr. Holm told him that he would continue to work maintaining the sprinklers without any compensation.
  • Chris Nichols shared two letters with the Board.  One owner of a 1st floor unit has experienced damage to his garage ceiling from a leak in the 2nd floor unit’s balcony.  This issue had been previously shared with the Board.  At this time, the 2nd floor unit’s owner has not done any repairs.  The Board requested that Chris Nichols contact the 2nd floor unit’s owner and request that he (the owner) have the repairs done or the Association (as authorized in the Covenants) will have the repairs done and then bill him for them.


New Business

  • Annual Meeting Planning – the Annual Meeting will be on September 17 at 1:30 PM in the Lewes Public Library. 
  • Carol Reed Memorial – Nick Fiorino made a motion to do something (a plaque in the circle, etc., etc.) in memory of Carol Reed.  Sal Somma seconded the motion. All approved.  Laurie Bronstein suggested placing a bench by a pond in memory of Carol Reed.  Nick Fiorino asked the Owners’ Forum to make a recommendation to the Board.



            Owners Input (15 minutes)

Laurie Bronstein asked about the timeline for the crawlspace water issue at bldg 4.  Chris Nichols said that someone would be out to take care of the downspout and the grading this week.  He and Nick will also look at the interior of the crawlspace.




The meeting was adjourned at 11:40 AM.





Respectfully submitted,

Sal Somma, Secretary


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